A Taxicab Commission is hereby established pursuant to the authority of Article 2-A, §
20, Subdivision 32, of the General City Law, as amended.
[Amended 8-13-1997, approved 8-14-1997; 2-10-1999, approved 2-11-1999; 9-8-1999, approved 9-9-1999; 2-26-2003, approved 2-27-2003]
The Taxicab Commission shall consist of nine members. The ex
officio members of the Commission shall be the Police Commissioner
or Deputy Police Commissioner or his/her designee, the City Clerk
and the City Director of Weights and Measures for a permanent term.
The Mayor shall recommend two members of the Commission, of which
one member of the Commission shall be a representative of the taxi
industry and one shall be from the business community, for a term
of two years. The City Council shall appoint four members, one of
which shall be a representative from a consumer group, one from a
community advocacy group, one shall be a person who is physically
challenged, and one shall be a duly licensed and admitted attorney
who shall chair the Commission, for a term of three years. All such
members shall serve without salary and at the pleasure of the City
Council.
[Amended 8-13-1997, approved 8-14-1997; 2-10-1999, approved 2-11-1999; 9-8-1999, approved 9-9-1999]
The Taxicab Commission shall have the following duties and obligations:
A. To conduct research into the use of taxicabs within the City of Mount
Vernon utilizing the advice and participation of all citizens, organizations
and groups within the City of Mount Vernon.
B. To review the provisions of Chapter
237 of the City Code, entitled "Taxicabs," and to make recommendations to the City Council upon subjects not limited to fare, zones, accommodations for seniors and the disabled, cab stands, vehicle identification, vehicle inspection and the numbers and type of taxicab licenses; and to regulate the number and type of taxicab licenses issued pursuant to Chapter
237 of the Code of the City of Mount Vernon.
C. To conduct hearings to which the applicant or licensee may be entitled and to regulate the number and type of taxicab licenses issued pursuant to Chapter
237 of the Code of the City of Mount Vernon.
D. To keep accurate records of its meeting and actions and file an annual
report with the City Council on or before the 31st day of December
of each and every year.
E. In addition to the foregoing, carry out any other duties, tasks or responsibilities, consistent with the objectives of Article 2-A, §
20, Subdivision 32, of the General City Law, assigned to it by resolution, ordinance or local law of the City Council.
F. Hear appeals of revocation, suspension and cancellation of a taxi
driver's license or taxicab license, except that the Commission
shall not hear appeals after a denial of an application or renewal
application, or where the revocation or suspension or cancellation
of such license is based solely on a judicial conviction(s).
G. Consider a broad range of service, pricing and regulatory options,
including but not limited to imposing additional requirements to ensure
taxicab availability in areas of the City lying outside of the central
business district.
[Added 8-13-1997, approved 8-14-1997; 2-10-1999, approved 2-11-1999; 9-8-1999, approved 9-9-1999]
A. The licensee shall file an appeal with the Taxi Commission within
10 business days after the date of decision or determination complained
of on a written form prescribed the Commissioner.
B. The Commission shall schedule and hold a hearing within 30 days of
receipt of the appeal.
C. Determination of appeal. The Commission shall in each case render
a decision within 30 days from the date of oral argument, which may
affirm, wholly or partly, or may modify or reverse the determination
appealed from.
D. Rehearing. The Commission may grant a new hearing to a licensee upon
written request on a form prescribed by the Commission which shall
include a statement of the reason therefor filed with the Commission
when it shall appear that the ground is either newly discovered evidence
or fraud, or both.
E. Appeals of the Commission's determination shall be pursuant
to Article 78 of the Civil Practice Law and Rules.
[Added 8-13-1997, approved 8-14-1997; 2-10-1999, approved 2-11-1999; 9-8-1999, approved 9-9-1999]
The Commission shall have the power to grant any taxicab owner
or association of taxicab owners, upon proper application therefor,
the exclusive right to use one or more distinctive emblems or other
identifying designs to be displayed on the vehicles of such applicant.
A. Such applications must include colored sketches of the proposed color
schemes of the emblem or designs, together with such other and further
information as the Commission may require. Such an emblem may not
be similar to an emblem granted to any association unless he or she
is a member of said association.
B. The Commission may suspend a license and/or impose a reasonable penalty
on any owner who uses an emblem granted to another owner or association,
an emblem so similar as to lead to confusion in the mind of the public
or an emblem granted to any association unless he or she is a member
of said association.