[HISTORY: Adopted by the Board of Trustees
of the Village of Ossining 12-16-2003 by L.L. No. 11-2003.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided
for the repeal of former Ch. 244, Taxicabs, adopted 7-21-1981 by L.L.
No. 5-1981, as amended.
Chapter 244 of the Village Code of the Village of Ossining is adopted pursuant to the authority of Vehicle and Traffic Law § 1640 as a local traffic regulation and shall be enforceable in the same manner as any other traffic law or regulation under the Vehicle and Traffic Law or the Codes of the Village of Ossining.
As used in this chapter, the following terms
shall have the meanings indicated:
The operation of a taxicab upon Ossining streets when not
employed by a passenger and, by words or actions, solicitation of
prospective passengers for hire.
The Village Clerk.
Any person owning, leasing, franchising or having control
of the use of one or more taxicabs used for hire upon the streets
of the Village or engaged in the business of operating a taxicab.
The owner of a vehicle described herein is the person in
whose name the state title is issued pursuant to the Vehicle and Traffic
Law.
A taxicab except that such private livery cab shall not:
Have the dome light or the external markings
for taxicabs prescribed in this chapter.
Be allowed to use taxi stands prescribed in Chapter 250 of the Village Code.
Be used in the Village for hire except upon
a unit of time for hire by the hour, day or week, which unit of hire
may exceed that prescribed for taxicabs in this chapter.
Any highway, street, alley, avenue, court, bridge, lane or
public highway or any other public way in the Village.
Any motor vehicle having a seating capacity of not more than
seven persons in addition to the driver, engaged in the business of
carrying persons for compensation whether the same be operated from
a street stand or subject to calls from a garage or otherwise operated
for compensation, except vehicles subject to the provisions of the
Public Service Law, or used by undertakers in carrying on their undertaking
business.
Any person who drives a taxicab, whether such person is the
owner, lessee or franchisee of the taxicab or employed as an operator.
The document granting permission by the Village to any person
to drive a licensed taxicab upon the streets of Ossining.
The permission granted by the Village to any person to operate
or keep for hire any taxicab in the Village.
Any place alongside a curb of a street or elsewhere marked
by a taxicab sign authorized and exclusively reserved by the Board
of Trustees for the use of taxicabs.
No person shall drive a taxicab which picks
up passengers within the Village limits and no owner of a taxicab
shall permit a driver thereof to pick up passengers within the Village
limits without said driver first having procured a taxicab driver's
license from the Village Clerk and keeping the same in force and effect,
under the provisions of this chapter.
No owner, lessee or franchisee of a taxicab
which picks up passengers within the Village limits shall cause or
permit such taxicab to be driven, operated or kept for hire or pay
within the Village limits without first having procured a taxicab
license for said taxicab and keeping the same in force and effect,
under provisions of this chapter.
A.
Each applicant for a taxicab driver's license must
comply with the following to the satisfaction of the licensing official:
(1)
Citizen or legal resident of the United States.
(2)
Must first have obtained a Class E license.
(3)
Be of the age of 18 years or over.
(4)
Be of sound physique with good eyesight and not subject
to epilepsy, vertigo, heart trouble or any other infirmity of body
or mind which might render him unfit for the safe operation of a public
vehicle.
(5)
Be able to read and write the English language.
(6)
Be clean in dress and person and not addicted to the
use of intoxicating liquor or drugs.
(7)
Produce, on forms to be provided by the licensing
official, affidavits of good character from two reputable citizens
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 licensing official, sufficient reason
is given for its omission. An applicant shall be exempt from the provision
of this subsection if he has held taxicab driver's licenses from the
Village for the five continuous years previous to application.
[Amended 1-20-2004 by L.L. No. 2-2004]
(8)
Fill out, upon a blank form to be provided by the
licensing official, a statement providing the information below, which
statement shall be signed and sworn to by the applicant and filed
with the licensing official as a permanent record.
(a)
Full name.
(b)
Residence, and applicant's other places of residence,
if any, during the five years previous to application, with dates
provided for each place of residence.
(c)
Date and place of birth.
(d)
Height.
(e)
Color of eyes and hair.
(f)
Places and dates of all previous employment
during the five years previous to application.
(g)
Place and date of any felony and misdemeanor
convictions.
(h)
Place and dates of any previous licenses issued
by the Village.
(i)
Place, date and description of any revocations
or suspensions of licenses issued by the Village.
B.
False statements.
(1)
Each application shall contain the following statement:
|
NOTICE: PURSUANT TO THE PENAL LAW, § 210.45, IT IS A CRIME PUNISHABLE AS A CLASS A MISDEMEANOR TO
KNOWINGLY MAKE A FALSE STATEMENT HEREIN.
|
(2)
Any false statements by the applicant for a driver's
license shall be promptly reported by the licensing official to the
corporation counsel of the Village of Ossining. The licensing official
is hereby authorized and empowered to require such additional information
as he may deem necessary.
Each applicant for a driver's license must file
with his application two unmounted, unretouched photographs of himself,
or herself, in such position as the licensing official may direct,
taken within the 30 days preceding the filing of his application.
Photographs shall be of a passport size which may be easily attached
to his license, one of which shall be attached to the license when
issued and the other shall be filed with the application. The photograph
shall be so attached to the license that it cannot be removed and
another photograph substituted without detection. Each licensed driver
shall, upon demand, exhibit his license and photograph for inspection.
When the application for license is denied, one copy of the photograph
shall be returned to the applicant by the licensing official.
A.
The Chief of Police shall request from the State Division
of Criminal Justice Services and the State Division of Motor Vehicles
record checks as to criminal and Vehicle and Traffic Law convictions
for applicants for taxicab driver's licenses or applicants for renewal
of taxicab driver's licenses to be issued by the Village. In connection
thereto, every applicant for such licenses shall be fingerprinted
by the Village of Ossining Police Department, under the supervision
of the Chief of Police or his designee, which fingerprints shall be
forwarded to the State Division of Criminal Justice Services by the
Chief of Police for identification processing. The applicant will
tender the usual fees as required by the Village's Fee Ordinance[1] for the taking of such fingerprints and shall pay the fee required by the New York State Division of Criminal Justice Services, in the form prescribed by the New York State Division of Criminal Justice Services. Fingerprints and all appropriate processing fees shall be sent directly to the New York State Division of Criminal Justice Services by the Chief of Police. Only the Chief of Police or his designee may review the criminal history of the applicant. No license or renewal thereof shall issue, except a temporary license as provided in § 244-9, until the investigations as required herein shall be completed, except that an applicant shall be exempt from the provisions of this section if he has held taxicab driver's licenses from the Village for the five continuous years previous to application and the record checks conducted in said five years found no convictions against him during said period.
[Amended 6-1-2004 by L.L. No. 11-2004]
[1]
Editor’s Note: The Fee Ordinance is
on file in the Village offices.
B.
Reasons for license denial; suspension, cancellation,
revocation and refusal to renew or issue a license. The Village Clerk
and/or the Chief of Police may suspend, cancel or revoke a taxicab
driver's or taxicab license and may refuse to approve an application
for renewal thereof for any of the following reasons:
(1)
Conviction. The conviction of the applicant or licensee
of a felony, the crime of driving while intoxicated, or any other
crime or offense within the preceding five years involving violence,
dishonesty, deceit, indecency, degeneracy, moral turpitude, gambling,
frequent public intoxication, or the illegal use, sale or possession
of drugs. The Chief of Police shall nevertheless apply the standards
for licensure and as embodied in Article 23-A of the Correction Law.
[Amended 1-20-2004 by L.L. No. 2-2004; 11-15-2005 by L.L. No.
5-2005]
(2)
False application. If the licensee or applicant has
made a material false statement or concealed a material fact in connection
with the application for a license or renewal thereof.
(3)
Violations. If the licensee has violated any of the
provisions of this chapter.
(4)
Prior revocation or suspension. If the applicant,
any officer, director, stockholder or partner or any other person
directly or indirectly interested in the application for a taxicab
license was the former holder or was an officer, director, or partner
or stockholder in a corporation or a partnership which was the former
holder of a taxicab license which has been revoked or suspended.
(5)
True ownership requirement. If the applicant is not
the true owner of the vehicle or of the taxicab business.
C.
Hearings.
(1)
Notice. Any suspension, cancellation or refusal to
issue a license or to renew a license made hereunder shall be by written
notice issued by the Village Clerk and/or the Chief of Police to the
applicant or licensee who is entitled to demand a hearing, provided
such demand is made in writing to the Village Clerk and/or the Chief
of Police and such hearing shall be conducted within 10 business days
after the imposition of such suspension or cancellation of a license
hereunder if less then seven days’ prior notice thereof has
been given. Where prior notice of at least seven days has been given
with respect to a proposed suspension or cancellation of a license,
a hearing shall be held within 15 business days after receipt of written
demand.
(2)
Demand for hearing. Demand for a hearing must be made
within 30 days after mailing of the notice of the suspension, revocation
or denial of a license, in default of which the right to a hearing
will be deemed waived.
(3)
Conduct of hearing. Upon receipt of a timely demand
for a hearing, as provided above, the Chief of Police shall notify
the office of the corporation counsel that such hearing has been demanded.
The Chief of Police shall also transmit to the corporation counsel
the documentation, application forms and a written statement of a
reason for the revocation, suspension or denial of a taxicab driver's
license or taxicab license. Within the time limits prescribed pursuant
to § 244-6C(1) above, the corporation counsel, shall arrange
for a hearing before a hearing officer, appointed by the corporation
counsel, who shall not be a member or employee of the Village of Ossining
Police Department. At such hearing, the licensing official shall present
his reasons for the denial of the license in question, and the applicant
whose license was denied, revoked or suspended shall be accorded every
opportunity to bring forward all matters in his defense. An applicant
shall be entitled to, but not be required to bring, counsel at any
such hearing. Upon the conclusion of such hearing, the hearing officer
shall make a binding determination of the licensing official. In the
event the hearing officer shall reverse the revocation, denial or
suspension in part, the hearing officer shall also provide such conditions
as said hearing officer may deem reasonably appropriate. Any person
aggrieved by a determination of the hearing officer, including the
licensing official, shall have the right to challenge such determination
pursuant to Article 78 of the Civil Practice Law and Rules of the
State of New York.
[Amended 11-15-2005 by L.L. No. 5-2005]
(4)
Surrender of license. In the event of a suspension
or cancellation as provided for herein of taxicab operator's or owner’s
license, the holder thereof shall deliver the affected license of
the Chief of Police within 24 hours of receipt of notice.
Each application shall be accompanied by a certificate
from a physician duly licensed by the state certifying that he or
she has examined the applicant within the thirty-day period prior
to the filing of the application and that in the doctor’s opinion
the applicant is not affected with any disease or physical or mental
condition or infirmity which might make the applicant an unsafe or
unsatisfactory driver of taxicab for hire.
A.
Form; issuance.
(1)
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 criminal or
Vehicle and Traffic Law convictions. Each license shall be stamped
with the Village Clerk stamp 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 name of the licensee and the dates of issuance
and expiration 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.
[Amended 1-20-2004 by L.L. No. 2-2004]
(2)
The licensing official may, in his or her discretion,
deny the issuance of a driver's license to an applicant whose application
contains material false statements or whose health or previous criminal
and Vehicle and Traffic Law conviction record would in his opinion
endanger the general public or impair the applicant's ability to drive
a taxicab. Such denial shall be in writing. Article 23-A of the New
York State Corrections Law shall guide the licensing official in evaluating
the applicant's conviction record, if any.
B.
Taxicab driver's licenses shall be valid for one year,
unless sooner Suspended or revoked.
C.
Applications for renewal of a taxicab driver's license
shall be filed in the office of the licensing official at least 45
days prior to the expiration of said driver's license.
D.
A temporary permit may be issued by the licensing official pending receipt of the official record check detailed in § 244-6 above. Such issuance shall be at the licensing official's sole discretion and upon his finding that the applicant would not endanger the general public by driving a taxicab in the Village. Such temporary permit shall in no event be granted for a longer period than 45 days and shall be nonrenewable, and a fee of $50 shall be charged for its issuance, which fee shall not be applied toward the annual licensing fee detailed in § 244-13 below.
E.
Such license or permit shall be prominently displayed
by the taxicab driver at all times when driving a taxicab in the Village
so as to be visible to all passengers riding in the taxicab.
F.
Denial of license. If the results of any of the examinations
are unsatisfactory in the opinion of the Village Clerk and/or the
Chief of Police, the application shall be denied subject to the provisions
hereof for hearings.
A.
An application for a taxicab license shall be made
by the owner of the vehicle upon blank forms furnished by the licensing
official.
(1)
Such application shall contain:
(a)
Owner's full name and present residence.
(b)
Model, year and present mileage of taxicab.
(c)
Vehicle identification number of taxicab.
(d)
Vehicle registration number and a copy of the
current New York State vehicle registration and title for taxicab.
(e)
Date of current New York State motor vehicle
inspection of taxicab.
(f)
Places and dates of previous taxicab licenses.
(g)
Whether the owner's license to operate a taxicab
has ever been revoked in the Village or elsewhere and, if so, for
what cause.
(h)
Proof of insurance.
(i)
Proof of a certificate of doing business or
incorporation.
[Amended 11-15-2005 by L.L. No. 5-2005]
(2)
Such statement shall be signed and sworn to by the
owner and filed with the licensing official as a permanent record.
(3)
The Chief of Police shall request from the State Division
of Criminal Justice Services and the State Division of Motor Vehicles
record checks as to criminal and Vehicle and Traffic Law convictions
for applicants for taxicab licenses or applicants for renewal of taxicab
licenses to be issued by the Village. In connection thereto, every
applicant for such licenses shall be fingerprinted by the Village
of Ossining Police Department, under the supervision of the Chief
of Police or his designee, which fingerprints shall be forwarded to
the State Division of Criminal Justice Services by the Chief of Police
for identification processing. The applicant will tender the usual
fees as required by the Village's Fee Ordinance[1] for the taking of such fingerprints and shall pay the fee required by the New York State Division of Criminal Justice Services, in the form required by the New York State Division of Criminal Justice Services.. Fingerprints and all appropriate processing fees shall be sent directly to the New York State Division of Criminal Justice Services by the Chief of Police. Only the Chief of Police or his designee may review the criminal history of the applicant. No license or renewal thereof shall issue, except a temporary license as provided in § 244-9, until the investigations as required herein shall be completed, except that an applicant shall be exempt from the provisions of this section if he has held taxicab licenses from the Village for the five continuous years previous to application and the record checks conducted in said five years found no convictions against him during said period.
[Amended 6-1-2004 by L.L. No. 11-2004]
[1]
Editor’s Note: The Fee Ordinance is
on file in the Village offices.
B.
False statements.
(1)
Each application shall contain the following statement:
|
NOTICE: PURSUANT TO THE PENAL LAW § 210.45,
IT IS A CRIME PUNISHABLE AS A CLASS A MISDEMEANOR TO KNOWINGLY MAKE
A FALSE STATEMENT HEREIN.
|
(2)
Any false statements by the owner for a taxicab license
shall be promptly reported by the licensing official to the corporation
counsel of the Village. The licensing official is hereby authorized
and empowered to require such additional information as he may deem
necessary.
A.
Soliciting of patronage by taxicab operators at the
railroad station on the approach thereto or in front thereof or upon
the stairways within the limits of the subway exit from the station
is forbidden. Taxicab operators are to remain in the areas designated
for taxicab parking.
B.
Taxicab operators may pick up passengers in front
of the station only when the operator is specifically called by name
for such purpose, and this right shall be limited to picking up the
aged, infirm or other persons to whom the exit stairs offer difficulty.
All other persons must be picked up in the taxicab area, as designated.
C.
Not more than one taxicab from each organization to
which a license to engage in the business of operating a taxicab has
been issued shall be permitted to park or stand in the designated
area while awaiting passengers. Such designated area shall be for
active taxi parking or standing only.
[Amended 11-15-2005 by L.L. No. 5-2005]
D.
Taxicab operators may not enter the station, stairs,
the subway or go to the platform of the station for luggage unless
specifically called for such purpose by a passenger. When so called,
the taxicab operator must wait until other passengers have departed
from the stairs, subway or station, and the operator shall not, in
entering or leaving the station exit, platform or stairs to pick up
such luggage, unreasonably interfere with the use of such facilities
by other persons.
E.
Taxicabs authorized to use the area designated for
taxicab parking at the railroad station are required to name the Village
of Ossining as an additional insured on the vehicle and owner's automobile
insurance policy.
[Added 11-15-2005 by L.L. No. 5-2005]
A.
No vehicle shall be licensed pursuant to this chapter
until it has been inspected and examined and found to be in a thoroughly
safe condition for the transportation of passengers, clean, fit, of
good appearance, well painted and in complete compliance with all
requirements of the Village Code.
B.
The Village Clerk and/or the Chief of Police of Ossining
is hereby empowered to designate not more than two official inspection
stations (which shall be designated New York State inspection stations)
in the Village of Ossining for the purposes of this chapter of the
Village Code.
C.
In addition to the prelicensing inspection, it shall
be the responsibility of each owner and driver of a taxi applying
for or licensed in the Village of Ossining to cause such vehicle to
be inspected by a designated inspection station at intervals of not
more than six months.
D.
A copy of the inspection report shall be given to
the vehicle owner and the Chief of Police at the completion of the
inspection.
E.
The Inspection of the Taxis shall include, but not
be limited to, a review of the following:
(1)
Brakes.
(2)
Tires.
(3)
Steering.
(4)
Shock absorbers.
(5)
Exterior lights.
(6)
Interior lights.
(7)
Windshield/other glass.
(8)
Windshield wipers.
(9)
Mirrors (inside and out).
(10)
Horn.
(11)
Upholstery.
(12)
Floorboards/floor mats.
(13)
Door handles/doors.
(14)
Body damage and rust.
(15)
Paint.
(16)
Directional signals.
(17)
Heater.
(18)
Speedometer.
F.
Repair work which is required after inspection of
a taxi must be completed within 10 days of the inspection, and satisfactory
proof of repair shall be presented to the Chief of Police. Failure
to make necessary repairs and to present satisfactory proof may be
a ground for suspension of an owner's license.
G.
Upon receipt of a report from any designated inspection
station which finds a taxi to be unfit or unsuited for public patronage
or which shall fail to comply with the requirements of this chapter,
the licensing official shall refuse a license, or shall revoke or
suspend the license previously issued.
H.
Upon receipt of the appropriate report from a designated
inspection station, the issuing license official will issue a suitable
inspection sticker with the month and year of inspection expiration
marked out.
I.
Upon being issued a Village of Ossining taxi inspection
sticker, the taxi owner will affix the sticker by placing it on the
driver's side door of the vehicle where it shall be available for
inspection by any member of the Ossining Police Department at all
times while said vehicle is licensed within the Village of Ossining.
A.
Every licensed vehicle shall be kept mechanically
fit, keep the interior and exterior in a clean and sanitary condition
and shall at all times bear a current New York State inspection sticker
and Village of Ossining inspection sticker.
B.
All licensed vehicles, except vans which have at least
one sliding side door, shall have four doors, two of which lead into
the driver's compartment, and all doors shall be so constructed that
they may be opened from the inside and the outside.
C.
Every licensed vehicle shall be equipped with an adequate
heater and air conditioning of a type which will not permit exhaust
gases to enter the interior of the vehicle.
D.
Every vehicle licensed shall be equipped with two
adjustable rearview mirrors, one in the driver's compartment and one
installed on the exterior of the vehicle on the driver's side door.
E.
Every licensed vehicle shall be equipped with a standard
speedometer that is not inoperative or disconnected.
F.
Each licensed vehicle shall have either an acceptable
snow tire, radial tire or tire chains on the drive wheels of such
vehicle when pavement conditions are such as to require said use for
the safety of the driver, passenger and the general public.
G.
Each licensed vehicle shall be equipped with dual
windshield wipers properly installed and maintained in good working
order, which shall be operated whenever weather conditions require.
In addition, each licensed vehicle shall at all times remain in compliance
with New York State regulations requiring that headlights be turned
on at any time windshield wipers are in operation.
H.
Each licensed vehicle shall contain original or replacement
upholstery and floor mats in good and suitable condition for satisfactory
use by the public. In the event that original upholstery or floor
mats are found to be worn or otherwise deteriorated, such upholstery
or floor mats must be replaced prior to the use of the licensed vehicle
for conveyance of the public.
I.
Each licensed vehicle shall be equipped with an interior
light capable of illuminating the entire interior of said public vehicle
after sundown. Said light shall be so arranged as to be automatically
turned on by the opening of any door to the vehicle and shall also
have a switch easily accessible to passengers.
J.
Wherever glass is used in the construction of any
licensed vehicle, such glass shall be safety glass clearly and permanently
marked as such and of a type approved by the Commissioner of Motor
Vehicles of the State of New York. All glass in said licensed vehicle
shall be in good condition and shall not contain air bubbles, cracks
or fractures.
K.
The fenders and body of each licensed vehicle must
be rigidly and tightly fastened to said vehicle, free from dents or
mutilation, and shall be so constructed as to allow the full opening
of all doors of the vehicle. The exterior of the vehicle shall be
well maintained and painted and the finish in good condition.
L.
New York State license plates, Village inspection
stickers and any other licensing or inspection identification shall
be placed and maintained in such manner as to be clearly visible and
unobstructed at all times.
M.
No licensed vehicle shall be equipped with any equipment
which is not reasonably useful or necessary to furnish safe, adequate
and convenient taxicab service to the public. No licensed vehicle
shall utilize exterior floodlights.
[Amended 1-20-2004 by L.L. No. 2-2004]
N.
It shall be unlawful for any licensed driver of any
licensed vehicle to misrepresent or withhold the name of his employer
or the address or telephone number of the same.
O.
Maintain and furnish a current list of driver employees
to the Chief of Police.
P.
Provide a letter to the Chief of Police upon the discharge
or termination for any reason of a driver/employee.
Q.
Promptly report to the Chief of Police the transfer
of ownership of any vehicle licensed by the Village and concurrently
turn in to the Chief the taxicab license for use of such vehicle.
R.
Maintain proper vehicle insurance for all owned or
operated taxis in accordance with the New York State Motor Vehicle
Law and report a revocation or cancellation of insurance immediately
to the Chief of Police.
A.
Upon meeting the inspection requirements set forth in §§ 244-12 and 244-13 hereof, a taxicab shall be licensed by delivering to the owner thereof a card of such size and form as may be prescribed by the licensing official. The card shall contain the official license number of the taxicab, together with the date of inspection and six months' reinspection of same and a statement to the effect that, in case of any complaints, the licensing official shall be notified, giving the license number of the taxicab. Such card shall be signed by the licensing official and shall contain blank spaces upon which an entry shall be made of the date of every inspection of the vehicle by the licensing official or his representation. The license number assigned hereunder shall, in each case, be the same as that assigned to the vehicle for that year, pursuant to law. Such license card shall be prominently displayed in the taxicab at all times so as to be visible to all passengers riding in the taxicab.
B.
Taxicab licenses shall be valid for one year, unless
previously suspended or revoked.
A.
The annual fee for taxicab driver's license shall
be set from time to time by resolution of the Village Board of Trustees.
[Amended 1-20-2004 by L.L. No. 2-2004; 12-16-2008 by L.L. No.
8-2008]
B.
The annual fee for taxicab license shall be set from
time to time by resolution of the Village Board of Trustees.
[Amended 1-20-2004 by L.L. No. 2-2004; 12-16-2008 by L.L. No.
8-2008]
C.
The semiannual fee for inspection of taxicabs shall
be set from time to time by resolution of the Village Board of Trustees
for each such inspection, which shall be paid directly to the inspection
station. In addition, the administrative fee for the issuance of the
appropriate sticker shall be set from time to time by resolution of
the Village Board of Trustees, to be paid to the Police Department
of the Village of Ossining upon issuance of said sticker.
[Amended 12-16-2008 by L.L. No. 8-2008]
D.
The replacement fee for a lost or stolen license shall
be set from time to time by resolution of the Village Board of Trustees.
The replacement fee for medallion decals for a vehicle replacing a
previously registered vehicle shall be set from time to time by resolution
of the Village Board of Trustees.
[Amended 11-15-2005 by L.L. No. 5-2005; 12-16-2008 by L.L. No. 8-2008]
E.
Fees shall not be prorated.
F.
In the event that the license is denied, suspended
or revoked, there shall be no entitlement to reimbursement thereof,
or proration thereof.
[1]
Editor's Note: The Schedule of Fees is on
file in the Village offices.
A.
A taxicab owner or driver shall not charge a fare
for taxicab services in excess of the following schedule of rates:
(1)
First passenger from any point having its origin within
the Village of Ossining to any point having its destination within
the Village of Ossining: as set from time to time by resolution of
the Village Board of Trustees.
[Amended 12-16-2008 by L.L. No. 8-2008]
(2)
Each additional passenger going from the same point
of origin to the same point of destination as first passenger: as
set from time to time by resolution of the Village Board of Trustees.
(One child five years of age or under will ride free if accompanied
by an adult passenger.)[1]
[Amended 12-16-2008 by L.L. No. 8-2008]
(3)
Baggage. No charge will be made for a suitcase, traveling
bag, shopping bag or other package hand carried by a passenger, provided
such items are limited to a total of three. Additional packages requiring
handling by the taxicab driver shall be carried, provided that the
weight of such package is less than 50 pounds. A charge as set from
time to time by resolution of the Village Board of Trustees for each
additional package or packages requiring handling is authorized.
[Amended 12-16-2008 by L.L. No. 8-2008]
(4)
The soliciting of tips, gratuities or any charges
in addition to those authorized herein is a violation of this chapter.
(5)
Out-of-town trips. If the taxicab is engaged for an
out-of-town trip originating or terminating in Ossining, the operator
of the taxicab shall agree with the passenger prior to the commencement
of the trip for the rate to be charged, which shall include all tolls
to be paid.
(6)
Transport of animals. There is no additional charge for carrying a guide dog accompanying a blind person or hearing-handicapped person. No other animal need be transported in a licensed taxicab unless the animal is securely enclosed in a kennel case. A charge is payable at the baggage rate provided in Subsection A(3) of this section.
(7)
Fare rate is to be displayed on right and left rear
doors.
B.
The licensing official shall issue a rate card to
each taxicab owner, which rate card must be conspicuously posted in
the interior of each taxicab.
The licensing official shall keep a complete
record of all licenses issued and denied under this chapter, together
with all applications, record checks, renewals, suspensions and revocations
thereof.
A.
Every person while operating a taxi vehicle licensed
pursuant to this chapter:
(1)
Shall not refuse or neglect to convey any orderly
person or persons upon request anywhere in Ossining. No taxicab driver
shall carry any other person than the passenger first employing a
taxicab without the consent of such first passenger.
(2)
Shall keep the interior and exterior of the same in clean and sanitary condition and shall at all times maintain the taxicab in compliance with the requirements of § 244-13 hereof of this chapter.
(3)
Shall examine the interior of the vehicle after the
termination of each trip for any articles left or lost in the vehicle
and immediately take any such property to the desk officer at the
Police Department in compliance with Article 7-B of the Personal Property
Law.
(4)
Shall not smoke at any time. Taxis are to be smoke-free,
subject to a fine of $50 for each violation.
(5)
Shall at all times, while on duty, have displayed
in the interior of the vehicle which he is operating, his taxicab
driver’s license displayed in a place visible to any passenger
in such taxicab usually on the passenger visor.
(6)
Shall be required to be neat in dress and appearance
at all times when on duty, and in the event a driver's appearance
changes substantially, provide the Chief of Police with a new photograph
and shall accompany such photograph with an application fee of $25
for a replacement license.
(7)
Shall report to the police any unlawful act connected
with his vehicle or any attempt to use his vehicle to commit a crime
or escape from the scene of a crime.
(8)
Shall not permit any passenger in the taxicab except
a paying fare during such time as the taxi is being used for business
purposes, except for not more than one driver trainee.
[Amended 1-20-2004 by L.L. No. 2-2004]
(9)
Shall not operate a taxicab when there is snow or
ice on the pavement unless there are chains or snow tires on the drive
wheels.
(10)
Shall state his/her name and employer while
on duty to any passenger or police officer on request.
(11)
Shall not cruise within Ossining seeking passengers
nor make any personal solicitation on any street or other public place
for passengers to ride or hire any particular taxicab. Taxis shall
not stand on any public street or place other than at or upon a taxicab
stand designated by the Village.
B.
No vehicle licensed as a taxicab shall be used for
the carrying of any goods or merchandise of any nature whatsoever
while carrying a fare unless such goods or merchandise are owned by
the fare riding with same.
C.
No vehicle may be licensed as a taxicab in the Village
of Ossining unless same is of the type known commonly as a four-door
sedan or is a station wagon or suburban vehicle with at least four
doors. Under no circumstances shall any vehicle be licensed as a taxicab
which has only two doors for the use of occupants, including the driver.
D.
No vehicle shall display commercial advertising, except
for a rootop sign.
[Amended 1-20-2004 by L.L. No. 2-2004]
It shall be the duty of all police officers
of the Village of Ossining to enforce the provisions of this chapter.
A.
The taxi owner/company name, taxi number and Ossining,
New York, shall be printed on both front doors of each taxi owned.
B.
The signs must contain lettering not less than three
inches in height and three inches in width with a quarter-inch paint
stroke in a color contrasting to the door color to be readable during
operation when the taxi is likely to be used.
C.
Each taxi will display a Village-issued decal/medallion
on right and left rear windows at the bottom rear-most point.
[Amended 1-20-2004 by L.L. No. 2-2004]
A.
Any person not having been duly licensed as a taxicab
driver, or any person whose license has been suspended, and who, during
the term of suspension, drives for hire a taxicab upon the Ossining
streets, shall, upon conviction, be punished by a fine of not less
than $100 and of not more than $500 or imprisonment for a term not
exceeding 10 days, or by both such fine and imprisonment.
B.
Any owner of a taxicab not licensed, inspected or
equipped in accordance with the provisions of this chapter, or of
a taxicab the license of which has been suspended or revoked, who
engages in the business of a taxicab as defined herein or attempts
to engage in such business or solicits passengers for hire, or any
owner of a taxicab who permits a taxicab driver not licensed under
this chapter to drive a taxicab shall, upon conviction, be punished
by a fine of not less than $100 and of not more than $500 or imprisonment
and for a term not exceeding 10 days, or by both such fine and imprisonment.
C.
Upon conviction of any person for or any violation
of a provision of this chapter for which no punishment is specifically
provided, the punishment, upon conviction for such violation, shall
be a fine of not less than $100 and of not more than $500 or imprisonment
for a term not exceeding 10 days, or by both such fine and imprisonment.
D.
Each and every day that a violation of this chapter
continues shall constitute a separate and distinct violation of this
chapter.
E.
Suspension and revocation of license. In addition
to the fine or imprisonment, or both, authorized by this chapter,
any licensee shall be subject to the suspension or revocation of his
license upon conviction for any violation of this chapter. The Village
Judge may suspend or revoke a license granted under any provision
of this chapter, pending or in advance of criminal prosecution of
the licensee.
In the event any provision of this chapter shall
be ruled invalid by a Court of competent jurisdiction, the provision
shall be stricken and the remainder of this chapter shall remain in
full force and effect as if said provision were not included herein.
