[HISTORY: Adopted by the Board of Trustees
of the Village of Lindenhurst 8-28-1968 by Ord. No. 1-1968 as Ch. 74 of the 1968
Code of the Village of Lindenhurst. Amendments noted where applicable.]
Unless otherwise expressly stated, whenever
used in this chapter, the following words shall have the meanings
given to them by this section:
Embarking a passenger or passengers within the limits of
the Incorporated Village of Lindenhurst.
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
Includes any motor vehicle engaged in the business of carrying
persons for hire and subject to use by the general public, whether
the same is operated from a street stand or subject to calls from
a garage or otherwise operated for hire, except any omnibus operated
running by authority of any ordinance, law or permit upon a fixed
route through or within the Village or vehicles used by undertakers
for carrying on their business.
Any person having the authority to exercise control over
a taxicab or driver in respect to the general operation or dispatching
of the vehicle.
The Village Board of Trustees shall appoint
a Taxi Administrator, who shall have authority to administer and enforce
the provisions of this chapter and to promulgate rules and regulations
pursuant to this chapter.
A.
No taxi company shall operate within the Village of
Lindenhurst without having first obtained a taxi company license.
B.
Applications for licenses shall be made on forms to
be furnished by the Village Administrator Clerk. Each application
shall be submitted to the Board of Trustees of the Village of Lindenhurst,
which said Board of Trustees shall approve or disapprove of the application
in accordance with the terms of this chapter, and no license shall
be issued except if the issuing of the same shall be in the best interest
of the Village of Lindenhurst, as determined by the Board of Trustees.
C.
No taxicab shall be operated by a taxi company within the Village until approval has been obtained as prescribed under Subsection B of this section.
D.
Upon approval by the Board of Trustees, the Village
Administrator Clerk shall issue said license as prescribed herein,
as of the first of March, except where applied for after March 1,
and then shall issue as of the date of approval of application and
shall expire on the final day of February next succeeding unless sooner
suspended or revoked.
E.
In the event that any license hereunder shall fail
to conform to all of the rules and regulations made pursuant to this
chapter, the Taxi Administrator may request that the license to operate
be suspended or revoked in the following manner:
(1)
A written notice of complaint and hearing shall be
served upon the licensee at least seven days prior to the hearing
date to be scheduled by the Board of Trustees.
(2)
Upon the hearing, the Taxi Administrator shall present
to the Board of Trustees the facts and circumstances of the violation,
and the licensee shall have a full opportunity to be heard.
(3)
The Board of Trustees shall be empowered to revoke
or suspend the license of any licensee pursuant to this section upon
its finding that the licensee has failed to conform to all of the
rules and regulations made pursuant to this chapter.
F.
Any license issued under this section may be renewed for additional periods of one year from the date of expiration upon the filing of an application containing all of the information required by the provisions of this chapter for original application and upon approval of the Board of Trustees pursuant to Subsection B herein.
A.
Applications for licenses for taxicabs shall be made
by the licensed taxi company obtaining the vehicle to be licensed,
on forms to be furnished by the Village Administrator Clerk's office.
Such application shall contain the full name and address of the owner,
the make, serial number, year or manufacture of the taxicab for which
the license is desired, the number of passengers it is capable of
carrying, the motor power thereof and such other information as may
be required by the Taxi Administrator.
B.
Each application for a license defined herein shall
be submitted to the Taxi Administrator for examination and investigation,
and said application shall be approved or disapproved in accordance
with the terms of this chapter.
C.
No taxicab shall be operated as such within the Village until approval has been obtained as prescribed under Subsection B of this section.
D.
Upon approval by the Taxi Administrator, the Village
Administrator Clerk shall issue said license as prescribed herein,
as of the first of March, except where applied for after March, and
then shall issue as of the date of approval of application and shall
expire on the final day of February next succeeding unless sooner
suspended or revoked.
E.
Any license issued under this section may be renewed for additional periods of one year each from the date of expiration upon the filing of an application containing all of the information required by the provisions of this chapter for original application and upon the approval of the Taxi Administrator pursuant to Subsection B herein.
A.
No vehicle shall be licensed or have its license renewed as a taxicab until it has been inspected and examined by an inspector or inspecting station to be designated by the Taxi Administrator and found to be in safe condition for the transportation of passengers, clean, fit and of good appearance. Upon a certification being issued by the designated inspector or inspecting station and upon proper application having been made and approved pursuant to § 173-4 herein, the Village Administrator Clerk shall issue or renew the license applied for.
B.
The Taxi Administrator is hereby authorized and empowered
to establish reasonable rules and regulations for the inspection of
taxicabs, the standards to determine their condition of fitness and
the form of certificate to be issued therefor.
C.
The Taxi Administrator shall maintain constant vigilance
of all taxicabs to see that they are kept in proper condition, and
he shall make or cause to be made, at intervals he deems necessary,
inspection of all taxicabs, but no less than once every two years.
[Amended 12-2-1974 by L.L. No. 4-1974; 6-16-1992 by L.L. No. 2-1992]
D.
Certificates, in writing, of all inspections shall
be promptly filed with the Village Administrator Clerk.
E.
In the event that any taxicab shall be certified as
unfit or unsuitable for operation in the Village of Lindenhurst, the
license to operate such vehicle shall be revoked or suspended upon
the order of the Taxi Administrator being filed with the Village Administrator
Clerk and upon notice of the revocation or suspension being given,
in writing, to the licensee. Any revocation or suspension made hereunder
may be appealed by the licensee to the Board of Trustees by a notice
of appeal, in writing, filed with the Village Administrator Clerk
within 10 days after said revocation or suspension. The Board of Trustees
shall hear and decide any appeal within 30 days of filing.
F.
The expenses incurred for the aforesaid inspections
shall be borne by the Village of Lindenhurst.
A.
If, upon inspection, a taxicab is found to be of proper
construction and in proper condition as described herein and a certificate
has been issued, upon payment of license fees hereafter set forth,
the same shall be licensed by delivering to the applicant a card which
shall contain the official license number of the taxicab, together
with the date of inspection. Such card shall be signed by the Village
Clerk and/or his deputy and shall contain blank spaces where entry
shall be made of the date of every inspection of the vehicle.
B.
The Taxi Administrator may require by rule or regulation
that a metal tag or sticker be affixed to each licensed vehicle, which
tag or sticker shall bear the license number of the vehicle and indicate
the date and expiration of the license.
C.
Failure of the taxicab to display a license card and
license sticker when required shall be presumptive evidence that said
vehicle is not, in fact, licensed.
A.
Every driver operating a taxicab within the Village
of Lindenhurst must be licensed as a taxicab driver.
B.
Applications for license as a taxicab driver shall
be made on forms to be furnished by the Village Administrator Clerk's
office and shall contain such information as shall be required by
this chapter and by rule of the Taxi Administrator.
C.
Every applicant for a taxicab license shall satisfactorily
meet or comply with the following conditions:
(1)
Shall be a citizen of the United States of America
18 years of age or over.
[Amended 9-30-1975 by L.L. No. 20-1975]
(2)
Shall be of sound physique with good eyesight and
not subject to epilepsy, vertigo, heart trouble or any other infirmity
of the body or mind which might render him unfit for the safe operation
of a taxicab.
(3)
Shall be able to read and write the English language.
(4)
Shall be clean in dress and not addicted to the use
of intoxicating liquor or narcotics.
(5)
Shall produce on forms to be provided by the Village
Administrator Clerk an affidavit of his good character from two reputable
residents of the Village and a further testimonial from his last employer,
unless sufficient reason is given for its omission.
(6)
Shall not have a previous conviction of a felony or
misdemeanor, except that this requirement may be waived at the discretion
of the Village Board of Trustees.
(7)
Shall file with the Village Administrator Clerk a
sworn application containing the information required herein and any
other information that may be required by the Taxi Administrator.
(8)
Shall submit to fingerprinting and police examination
as required by the Taxi Administrator.
(9)
Shall be duly licensed by the State of New York to
drive passenger vehicles for hire as evidenced by a chauffeurs license
issued by the Motor Vehicle Bureau of the State of New York or equivalent
New York State license.
[Amended 9-30-1975 by L.L. No. 20-1975]
(10)
In the event that any of the statements made on the
application as aforesaid shall be false, then any license issued pursuant
to said application shall be void as of its issuance.
(11)
That, in addition to any other requirements provided
for in this section or in this taxicab chapter, it shall be required
that every person making application for a license as a driver as
provided herein must submit a current doctor's certificate attesting
to his physical ability to operate a motor vehicle in the State of
New York.
D.
Each application for a license defined herein shall
be submitted to the Taxi Administrator and approved or disapproved
in accordance to the terms of this chapter.
[Added 9-30-1975 by L.L. No. 20-1975]
E.
Every driver operating a taxicab within the Village
of Lindenhurst must prominently display his or her driver identification
card, issued by the Village, in such a manner so that it is clearly
visible to every passenger inside the taxicab. Failure to so display
the identification card shall be a violation of this chapter.
[Added 9-30-1975 by L.L. No. 20-1975]
F.
Every driver operating a taxicab within the Village
of Lindenhurst must produce and show his or her New York State driver's
license, taxicab driver's license and Village identification card
upon demand of a police officer, the Village Taxi Administrator or
Village officer. Failure to do so shall be a violation of this chapter.
[Added 9-30-1975 by L.L. No. 20-1975]
A.
A driver's license shall be issued as of March 1,
except where applied for after March 1, and then shall issue as of
the date of approval of the application.
B.
All driver's licenses expire on the last day of February,
which is the ending of the fiscal year for the Village of Lindenhurst,
unless sooner suspended or revoked.
C.
Any license issued under this section may be renewed
within six months after its expiration date upon the filing of an
affidavit with the Taxi Administrator, on a form to be provided by
him or her, in which the applicant shall affirm that there has been
no change in the information provided by him or her in the original
application; and, if there has been a change, such change(s) must
be listed on the renewal affidavit. Each such license renewal shall
expire on the last day of February next succeeding its date of renewal.
[Amended 9-30-1975 by L.L. No. 20-1975]
D.
In the event that any licensee hereunder shall fail
to conform to all of the rules and regulations made pursuant to this
chapter, the Taxi Administrator may request that the license to operate
be revoked in the following manner:
(1)
A written notice of complaint and hearing shall be
served upon the licensee at least seven days prior to a hearing date
scheduled by the Board of Trustees.
(2)
Upon the hearing, the Taxi Administrator shall present
to the Board of Trustees the facts and circumstances of the violation,
and the licensee shall have full opportunity to be heard.
(3)
The Board of Trustees shall be empowered to revoke
or suspend the license of any licensee pursuant to this section upon
its findings that the licensee has failed to conform to all of the
rules and regulations made pursuant to this chapter.
[Amended 5-10-1988 by L.L. No. 4-1998; 3-7-2017 by L.L. No. 2-2017]
All new and annual renewal fees for taxi company
licenses, for each taxicab and for each taxicab driver’s license
shall be paid to the Taxi Administrator per the fee schedule adopted
by the Village Board.
A.
The Village Administrator Clerk shall keep a record
of the name and address of each person owning or operating a vehicle
licensed under this chapter, together with the license number, the
description and the serial number of each vehicle, with the date and
complete details of inspection made of it. Such records shall be open
to the inspection of the public at all reasonable times and shall
be public records.
B.
There shall be kept in the office of the Village Administrator
Clerk a complete record of each license issued to a driver and all
renewals, suspensions and revocations thereof, which records shall
be open for inspection by the public at all reasonable times and shall
be public records.
The Taxi Administrator of the Village is hereby
authorized to locate, designate and control the number of taxicabs
that shall be allowed to stand at any location designated by the Village
Board of Trustees as a public taxicab stand. Only licensed taxicabs
in such manner as the Taxi Administrator shall designate may remain
at a stand while waiting for employment and shall be pointed in such
direction as shall conform to traffic regulations.
A.
Every taxicab is required to go to any part of the Village at the call of any patron and upon tender of the fare at the proper time in the amount provided herein. Refusal of a driver to accept a patron on the grounds that his taxi is not going in the direction requested will be considered a violation of this rule. This rule is subject to modifications only as provided in § 173-12B.
B.
For the convenience of patrons arriving on incoming
trains, the direction (east, west, north or south) requested by the
first patron to board a taxicab in the Long Island Rail Road Depot
area will determine the direction to be taken by that taxicab. As
nearly as practicable, patrons are to be taken to their destination
in the order of their entering the taxicab.
C.
Upon request for a taxicab service by telephone to
a taxicab office or by any other means of communication, the person
receiving the call shall, upon request, identify himself and the company,
giving the names of both. If no taxicab is available, the patron must
be notified to that effect.
D.
Patrons are not to be coerced, cajoled or threatened
in a selection of a taxicab they wish to patronize by any taxicab
operator, owner or representative; nor shall any taxicab operator
be discourteous to persons while they are passengers in such taxicab
or while they are seeking transportation.
E.
Taxicab operators are forbidden to demand or suggest
that any passenger pay more than the established rate for transportation
to his destination.
F.
No special service of favoritism in treatment is to
be given to any person or passenger at the inconvenience of another.
G.
The driver of a taxicab as soon as practicable after
the termination of any hiring or employment must carefully search
his vehicle for any property lost or left therein, and any such property
must be taken to Precinct Headquarters and deposited with the officer
in charge within 24 hours after the finding thereof unless such article
has been sooner claimed and delivered to the owner.
H.
Conduct of drivers; taxicab stands.
(1)
No taxicab driver shall sit in the passenger compartment
of a public taxicab or permit anyone who is not a passenger to do
so while on a public taxicab stand.
(2)
All taxicab drivers shall be in immediate calling
distance from their taxicabs and shall have their taxicabs under visual
surveillance at all times while the taxicabs are on a public taxicab
stand.
(3)
If a taxicab driver is forced to leave his taxicab
for any reason whatsoever, he shall remove or cause to be removed
his taxicab from the public taxicab stand, and any other licensed
taxicab may then move into the space then vacated.
(4)
No taxicab driver shall leave the doors of his taxicab
open while such taxicab is on a public taxicab stand, except for the
purpose of taking and discharging passengers.
(5)
Any taxicab driver has the right to stop and take
his position on any taxicab stand where there is a vacancy. Closed
taxicab stands are prohibited. A taxicab driver desiring to enter
a taxicab line shall do so by taking his position on the rear thereof.
(6)
Overcrowding at a public taxicab stand will not be
permitted.
[Amended 6-16-1992 by L.L. No. 2-1992]
(7)
There shall be no more than one passenger in the front
compartment of any taxicab.
I.
A taxicab driver shall notify the Village Administrator
Clerk of any change of address or the loss of his taxicab driver's
license within 48 hours after such change of address or loss of his
taxicab driver's license.
K.
No taxicab company licenses shall be issued and no
taxicab company shall operate in the Village of Lindenhurst unless
a regular place of business is maintained within the Village for the
dispatching of the taxicabs by the company.
L.
No taxicabs shall be dispatched from a location in
any residential zoned area of the Village and no taxicabs shall be
stored or parked in any residential zoned area of the Village except
to pick up or discharge passengers. In the event that a taxicab is
disabled, it must be removed from the public streets as soon as practicable,
but in no event shall a disabled taxicab remain on a public street
or in a public parking area for more than 12 hours.
A.
There shall be posted conspicuously in the interior
of the taxicab the license card and a schedule of rates and fares.
B.
The name and telephone number of the taxicab company
operating the vehicle shall be prominently displayed on the exterior
of the vehicle on each front door, and the taxicab license number
shall be prominently displayed on the rear of the vehicle.
In accordance with § 181 of the General
Municipal Law of the State of New York, the number of taxicab licenses
to be issued under this chapter is hereby limited to 30. Application
for renewal shall be filed not less than 15 days nor more than 30
days prior to the expiration of the license.
A.
The maximum rate of fare which shall be charged by
taxicab operators for transportation of passengers, and additional
passengers, shall be established by resolution of the Village Board.
Such rate of fare resolutions shall be presented to the Village Board
no less than one official meeting of the Village Board prior to any
final action taken on such resolution. In addition, such rate of fare
resolution shall be published as a legal notice in the official newspaper
of the Village no less than five days prior to any final action by
the Village Board.
[Amended 12-19-1978 by L.L. No. 15-1978; 3-25-1980 by L.L. No. 2-1980; 12-9-1985 by L.L. No. 10-1985; 11-24-1987 by L.L.
No. 16-1987; 1-16-1990 by L.L. No. 1-1990; 6-19-2001 by L.L. No. 2-2001]
B.
No additional charge shall be made for children seven years of age or under when accompanied by an adult passenger, up to and including two children. However, for each additional child above two, a maximum charge, as established by resolution of the Village Board in accordance with Subsection A, shall be allowed for said child for any trip within the Incorporated Village of Lindenhurst, regardless of zone.
[Amended 11-24-1987 by L.L. No. 16-1987; 6-19-2001 by L.L. No. 2-2001]
C.
It shall be unlawful to charge or attempt to charge
any person a greater rate of fare than that which the taxicab is entitled
to under the provisions of this chapter.
A.
Every person who shall violate any of the provisions
or conditions of this chapter shall be liable to a penalty of not
less than $50 nor more than $500 for each offense.
[Amended 12-9-1985 by L.L. No. 10-1985; 6-16-1992 by L.L. No. 2-1992]
B.
Besides the penalties provided for violation of any
section of this chapter for which a specific penalty is designated,
the holder of any license hereunder, upon conviction for any violation
of this chapter, shall be subject to suspension or revocation of his
license upon the filing of the order of the Taxi Administrator with
the Village Administrator Clerk and giving notice, in writing, of
the revocation or suspension to the licensee. Any revocation or suspension
made hereunder may be appealed by the licensee to the Board of Trustees
by filing a notice of appeal, in writing, with the Village Administrator
Clerk within 10 days after said revocation or suspension. The Board
of Trustees shall hear and decide any appeal within 30 days of filing.
In case the person violating any provision of
this chapter is a corporation, the officer, agent or employee thereof
who shall violate or procure, aid or abet any violation of any of
the provisions of this chapter or permit the operation of any taxicab
or vehicle for hire contrary to the requirements thereof shall be
subject to the same penalties as if he himself were personally operating
such vehicle at the time such violations were committed.[1]
[1]
Editor's Note: Original § 74-20,
Ordinance name, which immediately followed this section, was deleted
6-16-1992 by L.L. No. 2-1992.
