City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle 12-14-1993 by Ord. No. 276-1993.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Public expressmen — See Ch. 255.
Vehicles and traffic — See Ch. 312.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 290, Taxicabs, adopted 9-18-1984 by Ord. No. 222-1984, as amended.

§ 290-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CRUISING
The driving of a taxicab in a creeping, crawling, inching or dawdling manner when there is nothing to slow the driver down, or the driving along a public street at a slow rate of speed, for the purpose of soliciting passengers.
DRIVER
Any person licensed to drive a taxicab in the City of New Rochelle.
EXPRESSAGE
The carrying of goods, packages, merchandise or other property when the same is not accompanied by a passenger.
OWNER
Any person owning a taxicab, including a purchaser under a reserve title contract, conditional sales agreement or vendor's lien agreement, and the lessee of any such vehicle or vehicles under a written or oral lease or a similar contract, provided that such purchaser or lessee shall be entitled to obtain in his name a license or licenses therefor from the Commissioner of Motor Vehicles of the State of New York.
PRIVATE LIVERY CAB
For the purposes of this chapter, a "private livery cab" will be considered a taxicab.
RATE CARD
The card issued by the Police Commissioner for each licensed taxicab stating the taxicab rates of fare as defined in § 290-13A(1) and (2) of this chapter.
SERVICE ANIMAL
Any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sound, providing minimal protection or rescue work, pulling a wheel chair, or fetching dropped items.
[Added 7-15-2003 by Ord. No. 163-2003]
TAXICAB
As defined in the Vehicle and Traffic Law of the State of New York: "Every motor vehicle, other than a bus, used in the business of transporting passengers for compensation, and operated in such business under a license or permit issued by a local authority. However, it shall not include vehicles which are rented or leased without a driver". A "taxicab" shall have a taximeter, dome light, outside roof light of permanent fixture and external markings as prescribed in this chapter.
TAXICAB MEDALLION INSPECTION STICKER
The sticker issued by the Police Commissioner and placed on the vehicle by the inspecting police officer, certifying the vehicle as a licensed New Rochelle taxicab as defined by this chapter. This sticker shall state the vehicle medallion license number and the year for which it is issued.
TAXICAB MEDALLION LICENSE
The license issued by the Police Commissioner authorizing the use of the described vehicle as a taxicab. The license will be issued subsequent to compliance with all licensing provisions of this chapter. The license shall contain the name and address of the vehicle owner, vehicle make, year, body type, plate number, vehicle identification number (VIN), vehicle medallion inspection sticker number, receipt number, expiration of medallion and the name and date of the officer who inspected the vehicle.
TAXICAB OPERATOR'S LICENSE
The license issued by the Police Commissioner authorizing the operator to drive a taxicab.
TAXIMETER
A mechanical instrument or device, approved by the Police Commissioner, by which the charge for hire of a taxicab is mechanically calculated and on which said charge is plainly indicated.

§ 290-2 Licenses required; limitation on licenses issued.

A. 
No person shall own or operate a taxicab, for use as such, in the City without first obtaining a taxicab medallion from the Police Commissioner. The number of taxicab medallions that may be issued under the provisions of this chapter is limited to 175. This provision shall not apply to persons operating omnibuses as common carriers issued under and pursuant to a certificate of convenience and necessity issued by the Public Service Commission of the State of New York.
B. 
No person shall drive a taxicab without first obtaining a taxicab operator's license from the Police Commissioner. Each applicant for an operator's license must be licensed as a chauffeur (Class A, B, C or E) by the State of New York and be 18 years of age or over.
C. 
Anything to the contrary herein notwithstanding, the limitation of 175 taxicab licenses to be issued under Subsection A above shall be deemed to include reserved taxicab license applications which have been filed and fees thereon paid and for which the Police Commissioner is hereby authorized to reserve taxicab license numbers for a period of 90 days.
D. 
In the event that a taxicab license is available within the limitation of 175 licenses provided in Subsection C above, the Police Commissioner, upon payment of a nonrefundable fee as set forth in Chapter 133, Fees, may reserve for a period of 90 days a taxicab license for an applicant covering a new car, provided that the applicant furnished a copy of a bill of sale and serial number for such taxicab. Where an applicant has purchased a secondhand motor vehicle to be converted into a taxicab and has furnished proof thereof to the Police Commissioner by documents or by affidavit, the Police Commissioner may, upon payment of a nonrefundable fee as set forth in Chapter 133, Fees, reserve a taxicab license for such applicant for a period of 30 days, in each instance to allow for the passage of time for a conversion, inspection and approval by the Police Department of the motor vehicle as a taxicab.
E. 
In the event that the number of applications for a taxicab license exceeds the number of licenses provided in Subsection C above, there is hereby established a waiting list for applications in excess of the limitation of 175 licenses. Position on the waiting list shall be based on priority of receipt of completed application.
[Added 3-17-2015 by Ord. No. 60-2015]

§ 290-3 Application for taxicab operator's license.

Application for a taxicab operator's license shall be filed with the Police Commissioner upon forms provided by the Police Commissioner and shall contain:
A. 
The full name and current address of the applicant.
B. 
The date of birth and age of the applicant.
C. 
The home telephone number of the applicant.
D. 
The residence of the applicant for the past five years.
E. 
History relating to employment with New Rochelle taxicab companies.
F. 
Present employment.
G. 
Previous employment for the past five years.
H. 
Past and present driving license record.
I. 
Past criminal convictions.
J. 
Taxicab company applicant will drive/own taxicab.
K. 
The motorist identification/client number and expiration date of the applicant operator's license.
L. 
Proof and/or results of submission to a drug screen analysis for drugs or controlled substances as set forth in Public Health Law § 3306 as directed by the Police Commissioner. Such testing shall occur no sooner than 30 days prior to the date the taxicab operator license application is submitted for approval.
[Amended 3-15-2011 by Ord. No. 57-2011]
M. 
The fingerprints of the applicant. (See § 290-5.)
N. 
Such other information deemed necessary by the Police Commissioner for the preservation of the public safety, health and welfare.

§ 290-4 Application for taxicab medallion license.

[Amended 11-18-1997 by Ord. No. 248-1997]
Application for a taxicab medallion license shall be made by the registered owner of the vehicle, notarized or signed in the presence of the licensing police officer, and filed with the Police Commissioner upon forms furnished by the Police Commissioner and shall contain:
A. 
The full name and current address of the owner.
B. 
The date of birth and age of the owner.
C. 
The home telephone of the owner.
D. 
The year, make and model of the vehicle.
E. 
The length of time the vehicle has been utilized as a taxicab.
F. 
The passenger capacity of the vehicle.
G. 
The vehicle identification number and the Department of Motor Vehicles license plate number.
H. 
The name of the taxicab company and the vehicle number.
I. 
The fingerprints of the applicant. (See § 290-5).
J. 
Declaration as to the required workers' compensation insurance or an exemption (Form C-105.21), issued by the State of New York Workers' Compensation Board.
K. 
Such other information deemed necessary by the Police Commissioner for the preservation of the public health and welfare.

§ 290-5 Approval of applications.

A. 
Before the issuance of a taxicab operator's or taxicab medallion license by the Police Commissioner, the application shall be submitted to and approved by the Police Commissioner.
B. 
The applicant shall satisfy the Police Commissioner of the applicant's financial responsibility and ability to provide safe transport. The Commissioner of Police, in his discretion, may request such additional proof not appearing upon the application with respect to the character and financial responsibility of the applicant as, in his discretion, may be necessary for him to determine in his sole judgment whether or not the best interests of the general public, its safety and welfare will be had on the approval or denial of said applicant. The Police Commissioner, making his determination, shall take into consideration whether the individual's record of criminal convictions and/or his record of driving convictions has a direct relationship upon the work he is to perform under the license. He shall further consider whether the individual has received a certificate of relief from disability or a letter of good conduct.
[Amended 3-15-2011 by Ord. No. 57-2011]
C. 
Prior to the approval of a taxicab operator's or taxicab medallion license application, the applicant shall submit to a fingerprint criminal history background investigation with the New York State Division of Criminal Justice Services (D.C.J.S.), Albany, New York. The applicant shall not have been convicted of any crime involving degeneracy, moral turpitude, fraud or fraudulent practices or the illegal use, sale or possession of marijuana or a controlled substance or for a violation of § 1192 of the Vehicle and Traffic Law of the State of New York.
D. 
Submission of the fingerprint card for the criminal history background check by D.C.J.S. shall include the appropriate processing fee as mandated by the D.C.J.S. The result of the background check will be reviewed by and be the responsibility of the Commander of the Special Operations Unit of the City of New Rochelle Police Department. A report will be prepared for submission to the Police Commissioner for his approval. Licenses will be issued on a conditional basis pending the results of the criminal history background check from D.C.J.S.
E. 
Submit, for registration of a taxicab medallion, a certificate of workers' compensation insurance or Form C-105.21, Statement that Applicant Does Not Require Workers' Compensation or Disability Benefits Coverage, if the applicant is not required to carry such insurance. The certificate of workers' compensation insurance shall state the City of New Rochelle Police Department as the certificate holder.
F. 
Submit, for registration of a taxicab medallion, a State of New York, Department of Motor Vehicles, FH-1 Insurance Certificate, for-hire passenger vehicle, for the motor vehicle that will be registered as a taxicab. The applicant shall continually maintain the statutory liability insurance for the registered vehicle as mandated by the State of New York. The applicant shall submit a letter from the insurance company issuing the FH-1 naming the City of New Rochelle Police Department as the certificate holder.
G. 
Submit, for registration of a taxicab medallion, a certificate of inspection of the taxicab meter. The inspection shall be completed within 90 days of the submission of the taxicab medallion application to the Police Department. The inspection of the taxicab meter shall be completed by a certified mechanic employed at a taxicab meter shop authorized by the Police Commissioner.
[Amended 1-18-1994 by Ord. No. 22-1994]
H. 
Submit, for approval of a taxicab operator's license, a certification from a medical doctor stating that the applicant was examined by the physician within the calendar month next preceding application for such license and that the applicant is not afflicted with any diseases or physical or mental condition which might make him an unsafe or unsatisfactory driver of a taxicab.
[Added 11-18-1997 by Ord. No. 248-1997]
I. 
Submit, for approval of a taxicab operator's license, to a drug screen analysis for drugs or controlled substances as set forth in Public Health Law § 3306 as directed by the Police Commissioner. Said drug screen analysis must be negative for said drugs or controlled substances to satisfy the Police Commissioner of the applicant's ability to provide safe transport in order to protect the interests of the general public, its safety and welfare.
[Added 3-15-2011 by Ord. No. 57-2011]

§ 290-6 Fees; terms of licenses.

A. 
Fees, as set forth in Chapter 133, shall be paid to the Police Commissioner upon the issuance, renewal or the replacement, transfer or assignment of a taxicab operator's license, taxicab medallion license or taxicab inspection sticker.
[Amended 4-19-1994 by Ord. No. 83-1994; 3-17-2015 by Ord. No. 60-2015]
B. 
A taxicab medallion license shall be issued for the term of one year to expire April 30. Any taxicab medallion license issued after October 31 shall pay 1/2 of the full fee and shall also expire April 30.
[Amended 11-19-2013 by Ord. No. 182-2013]
C. 
A taxicab operator's license shall be issued for the term of one year to expire December 31. Any taxicab operator's license issued after June 30 shall pay 1/2 the full fee and shall also expire December 31.
[Amended 11-19-2013 by Ord. No. 182-2013]
D. 
Upon submission of a taxicab operator's license and/or taxicab medallion application, the applicant shall submit half the total amount of the fee required, which shall be nonrefundable. Upon completion of the investigation of the application, the applicant shall submit the second half of the required fee before the license is issued. If a license issued on a conditional basis is denied as a result of the D.C.J.S. criminal history background check, the total amount of the license fee shall be refunded on a prorated basis.

§ 290-7 Renewal of licenses.

[Amended 11-18-1997 by Ord. No. 248-1997; 12-14-2004 by Ord. No. 284-2004; 3-15-2011 by Ord. No. 57-2011]
A. 
Upon application forms provided by the Police Commissioner and approved by the Police Commissioner and payment of the fee as set forth in § 290-6 20 days prior to the termination of the license, the Police Commissioner may, by proper endorsement thereon, approve the renewal of the license or cause a new license to be issued for the ensuing year. Any renewal application submitted after the termination of the license shall be subject to a delinquent fee of $30 along with a penalty fee of $4 for each day after the termination of the license that the vehicle remains unregistered.
B. 
Licensees shall be tested annually, at the licensee's expense, for drugs or controlled substances, as set forth in § 3306 of the Public Health Law. Such testing shall occur no sooner than 30 days prior to the date the taxicab operator license application is submitted for approval. Such testing shall be performed by an individual or entity designated by the Police Commissioner and possessing a requisite permit issued by the New York State Department of Health. If the results of said test are positive, the driver's operator license may be suspended, revoked or refused to be renewed in accordance with § 290-9 of this chapter.
C. 
The licensee shall continue to meet the qualification for licensure, as set forth in § 290-5 of this chapter.

§ 290-8 Assignment or transfer of license.

A. 
The taxicab medallion license holder shall immediately notify the Police Commissioner upon the assignment, sale or transfer of a licensed taxicab. The taxicab medallion license holder shall submit a new application as prescribed in this chapter and pay the fee as set forth in Chapter 133, Fees.
[Amended 3-17-2015 by Ord. No. 60-2015]
B. 
A taxicab medallion license that has changed status from exempt to nonexempt or nonexempt to exempt, as related to workers' compensation insurance, shall file a new application and pay the cost of the transfer fee as set forth in Chapter 133, Fees.

§ 290-9 Suspension, revocation or refusal to renew license.

[Amended 11-18-1997 by Ord. No. 248-1997; 1-15-2002 by Ord. No. 20-2002; 4-20-2004 by Ord. No. 88-2004]
A. 
A taxicab operator's license or taxicab medallion license may be suspended, revoked, or refused to be renewed by the Police Commissioner for the following causes:
(1) 
Expiration, suspension or revocation of the required New York State Department of Motor Vehicle driver's license for taxicab operator's license or vehicle registration for taxicab medallion license.
(2) 
The Police Commissioner had determined from the driving record of such taxicab operator that the driver does not possess the qualities of competence necessary or desirable for the operation of the taxicab based upon the individual's record of convictions of Vehicle and Traffic Law offenses.
(3) 
Such taxicab operator or taxicab medallion license holder has failed to comply with rules and regulations of this chapter.
(4) 
A licensee may be suspended if criminal proceedings are instituted against the taxicab medallion license holder or taxicab operator for any crime involving violence, dishonesty, deceit, indecency, degeneracy, moral turpitude, fraud or fraudulent practices or the illegal use, sale or possession of marijuana or controlled substances or for violation of § 1192 of the Vehicle and Traffic Law of the State of New York. Such licensee may be suspended, revoked or refused to be renewed in the event of a conviction of such crime.
[Amended 3-15-2011 by Ord. No. 57-2011]
(5) 
Such taxicab operator or taxicab medallion license holder has been convicted of a violation of the City Code or state law pertaining to taxicabs.
(6) 
Such taxicab operator has tested positive for drugs or controlled substances as set forth in § 3306 of the Public Health Law.
[Added 3-15-2011 by Ord. No. 57-2011]
(7) 
Such taxicab operator has failed or refused to submit to a drug screen analysis for drugs or controlled substances as set forth in § 3306 of the Public Health Law as required by this chapter.
[Added 3-15-2011 by Ord. No. 57-2011]
(8) 
Such taxicab operator has failed to continue to meet the qualifications for licensure, as set forth in § 290-5 of this chapter, to satisfy the Police Commissioner of the licensee's ability to provide safe transport in order to protect the interests of the general public, its safety and welfare.
[Added 3-15-2011 by Ord. No. 57-2011]
B. 
Hearings.
(1) 
Order with notice. Notice of an order of suspension or revocation of a license or refusal to renew a license shall be given personally or by certified mail, return receipt requested, to the licensee, directed to the address appearing on the records of the Police Department for the licensee. The notice shall include a statement that the licensee is entitled to and will be given a hearing upon demand as hereinafter set forth.
(2) 
Demand for a hearing shall be in writing and given personally or by certified mail, return receipt, directed to the Police Commissioner, within 10 days from personal service or within 15 days from service by mail of the order of the Police Commissioner.
(3) 
A hearing shall be held within 10 business days from the date of personal service or service by mail of the demand for a hearing, unless adjournment thereof is granted by the Police Commissioner for good cause shown. Notice of the date, place and time of the hearing shall be given in writing by mail to the applicant, directed to the address appearing on the records of the Police Department for the licensee or applicant.
(4) 
In the event that demand for a hearing is not made within the prescribed time or in the event that the licensee or applicant does not timely appear for the hearing, the order of the Police Commissioner shall then be final and conclusive.
C. 
Mandatory hearing. In the event a taxicab operator or taxicab medallion license holder has been convicted of three or more violations of the City Code or state law applying to taxicabs, occurring on three or more dates of violation during any given twelve-month period, the Police Commissioner shall issue and give notice of revocation of the license or refusal to renew the license personally or by certified mail return receipt requested to the licensee, directed to the address appearing on the records of the Police Department for the licensee. The notice shall include a statement that the licensee shall be given a hearing on such revocation or refusal to renew the license and shall include the date, place, and time of the hearing, which shall be held within 10 business days of service of the notice unless adjournment thereof is granted by the Police Commissioner for good cause shown. In the event the licensee does not appear for the hearing, the order of the Police Commissioner shall be final and conclusive.
D. 
Effect of a suspension, revocation, or refusal to renew a license. In the event of a suspension, revocation, or refusal to renew as provided for herein of a taxicab operator's license and/or taxicab medallion license, the holder thereof shall deliver the taxicab operator's license and/or the taxicab medallion license and/or taxicab medallion inspection sticker to the Police Commissioner.
E. 
After suspension of a taxicab operator's or taxicab medallion license, reinstatement may only be obtained upon full compliance with the rules and regulations of this chapter and payment of a $100 reinstatement fee in addition to any other required fees under § 290-6A of this chapter.

§ 290-10 Records.

There shall be kept in the Police Department a complete record of each license issued to an owner of a taxicab as well as of all licensed operators, and of all renewals, suspensions and revocations thereof. Such records shall be open to the inspection of the public at all reasonable times and shall be a public record.

§ 290-11 Taxicab medallion inspection sticker.

A. 
The Police Commissioner shall issue taxicab medallion inspection stickers. Two different taxicab medallion inspection stickers may be issued by the Police Commissioner shall state "exempt" or "nonexempt." Each series of taxicab medallion inspection stickers shall state "City of New Rochelle, N.Y. Taxicab Medallion Inspection," the year in which the sticker is valid and a medallion number. The intent for the exempt and nonexempt sticker is to differentiate between taxis that require workers' compensation insurance and those who have received an exemption for workers' compensation insurance, Form C-105.21, issued by the State of New York Workers' Compensation Board.
B. 
Taxicab medallion inspection stickers issued to taxicab owners that require workers' compensation insurance shall state "nonexempt" on the sticker.
C. 
Taxicab medallion inspection stickers issued to taxicab owners that have received an exemption for workers' compensation insurance, Form C105.21, issued by the State of New York Workers' Compensation Board, shall state "exempt," on the sticker.
D. 
Vehicles issued a nonexempt taxicab medallion inspection sticker can be operated by any licensed New Rochelle taxicab driver in accordance with this chapter.
E. 
Vehicles issued an exempt taxicab medallion inspection sticker can only be operated by the owner of the taxicab medallion license.
F. 
The taxicab medallion inspection sticker issued by the Police Commissioner shall be affixed to the front windshield driver's side, adjacent to the state inspection sticker of the vehicle by anyone authorized by the Police Commissioner.
G. 
The criteria necessary to obtain a taxicab medallion license shall be continually maintained for the license to remain in effect. Any lapse of a required condition of this chapter shall result in the suspension or revocation of the taxicab medallion license.

§ 290-12 Display of licenses; taxicab inspections.

The taxicab operator's license and taxicab medallion license issued by the Police Department shall be displayed in a card frame affixed to the interior portion of the vehicle, in such a manner as to be visible at all times to all passengers and shall not obstruct the driver's view of the windshield. The reverse side of the taxicab operator's license and taxicab medallion license shall be utilized to note the date of official police inspection and other data for the guidance and use of the Police Department. Such inspection shall be made at least once every six months.

§ 290-13 Rates of fare.

A. 
The maximum rate of fare for public taxicabs shall be as follows:
[Amended 4-16-1996 by Ord. No. 76-1996; 7-18-2000 by Ord. No. 129-2000; 4-26-2005 by Ord. No. 93-2005; 7-15-2008 by Ord. No. 146-2008]
(1) 
For conveying passengers the first 2/8 of a mile or less: $3.50.
(2) 
For conveying passengers any distance exceeding 2/8 of a mile, for the next 1/8 of a mile and for each 1/8 of a mile thereafter: $0.25, with the charge for waiting time to be $28 per hour.
B. 
In all cases where the hiring of a taxicab is not at the time specified to be by the day or hour, it shall be deemed by the mile.
C. 
The taxicab medallion license owner shall display the rates of fare as outlined in Subsections A(1) and (2) of this section, and they shall be displayed in the interior portion of the vehicle in such a manner as to be visible at all times to all passengers and shall not obstruct the driver's view of the windshield.
D. 
The owner of a taxicab who shall have demanded any greater price or rate than he may be authorized to receive as aforesaid, or in any case where the printed card is not maintained as required by this section, shall not be entitled to receive any pay for the conveyance of any passenger.
E. 
The owner of a taxicab for hire shall provide for each such taxicab a speedometer which shall at all times be in good working condition.
F. 
For the conveyance of passengers between the hours of 11:00 p.m. and 6:00 a.m., the rate shall be 1 1/2 times the day rate.
G. 
As of January 1, 1985, all taxis shall be equipped with a certified taximeter that is in good working condition at all times.
H. 
It shall be unlawful for a taxicab operator to drive a taxicab not displaying a valid rate card.
I. 
The owner of a taxicab shall display the senior citizen discount in the amount of $0.35 off the initial fare of $3.50, which discount shall be applicable all days and all hours, and all other discounts offered to all senior citizens in the interior portion of the vehicle in such a manner as to be visible at all times to all passengers and shall not obstruct the driver's view of the windshield.
[Added 4-16-1996 by Ord. No. 76-1996; amended 7-18-2000 by Ord. No. 129-2000; 4-26-2005 by Ord. No. 93-2005; 7-15-2008 by Ord. No. 146-2008]
J. 
Taxicabs licensed by the City of New Rochelle and operated under a contract with the County of Westchester for the Bee-Line Cab program to service riders eligible for Westchester County's federally mandated Para Transit service intended to meet the requirements of Title II of the Americans with Disabilities Act and its implementing regulations. 49 CFR 37, Subpart F, shall charge riders the fares provided for in said contract and receive such other compensation as provided by contract under the Westchester County Bee-Line Cab program rather than the provisions of this section. The provisions of this Subsection J shall expire one year from adoption.
[Added 12-11-2012 by Ord. No. 195-2012]

§ 290-14 Prepayment of fare; refusal to convey restricted.

Every operator of a taxicab shall have the right to demand payment of the legal fare in advance and may refuse employment unless so prepaid, but no operator of a taxicab shall, otherwise, refuse or neglect to convey any orderly person or persons upon request anywhere in the City, unless previously engaged or unable to do so.

§ 290-15 Fare disputes.

Whenever any dispute shall arise between the operator and the passenger as to the amount of fare due the driver, the amount demanded by the operator shall be deposited by the passenger with the officer in charge of the police station of the City until a determination is made by the City Judge or, in his absence, the Acting City Judge, as to the amount actually due the operator. It shall be the duty of the officer in charge of the police station to whom the amount shall have been paid to have the case placed on the court calendar for the following court day.

§ 290-16 Cruising; soliciting passengers.

[Amended 7-15-2003 by Ord. No. 163-2003]
A. 
A driver may only solicit a passenger while sitting in his or her driver's seat and may only use the words "taxi" or "cab" or "taxicab" in connection with such solicitation.
B. 
A driver may not utilize the services of another person, other than a taxi dispatcher, to solicit a passenger.
C. 
A driver may not suggest to a passenger that an additional person be accepted as a passenger.
D. 
A driver may not yell, shout, use his or her vehicle horn or make physical contact with a prospective passenger in connection with solicitation of such passenger.
E. 
A driver may only solicit passengers at a duly authorized taxi stand as set forth in New Rochelle City Code § 312-89, entitled "Schedule XVIII: Taxi Stands."
F. 
A driver awaiting employment at a designated taxicab stand, as set forth in § 312-89, may only stand his or her vehicle in a defined parking space at such taxicab stand. At no time may a taxicab remain in the vicinity of a designated taxicab stand when there is no defined parking space available.

§ 290-17 Solicitation by engaged taxicabs restricted.

Any owner or operator of a taxicab whose taxicab is or has been previously engaged shall not solicit employment at any public place and shall display upon a conspicuous part of said taxicab a sign, not less than 12 inches long and four inches wide, with the word "engaged" thereon, and shall remove said engaged taxicab from among the other taxicabs awaiting employment at any public place.

§ 290-18 Designation of taxicab stands.

The Police Commissioner is hereby authorized to locate and designate as public taxicab stands the space alongside the curb adjacent to property used as public parks, public buildings, railroad stations, hotels, restaurants and theaters. The owners of any property may apply to the Police Commissioner for the establishment of a public taxicab stand adjacent to their premises, stating in said application the number of public taxicabs they desire to have come on said stand. Such application may be granted at the discretion of the Police Commissioner and may be revoked by him at any time. In so designating stands, the Police Commissioner may prescribe the number of taxicabs that may use said stands.

§ 290-19 Rules and regulations governing taxicab stands.

Taxicabs using public stands in accordance with the preceding section shall be subject to such rules and regulations governing their approach and departure from said stands as may be established by the Police Commissioner.

§ 290-20 Police access to taxicabs.

The Police Commissioner or anyone authorized by him shall at all reasonable times have free access to taxicabs within the premises of their owners, without hindrance.

§ 290-21 Powers and duties of Police Commissioner.

A. 
It shall be the duty of the Police Commissioner or anyone authorized by him to visit the public stands and all places where taxicabs are permitted to stand. He shall have power to order away from stands and from all other places any taxicab violating any provisions of this chapter.
B. 
The Police Commissioner or anyone authorized by him shall be empowered to remove from a public street any taxicab in violation of this chapter.
C. 
If the Police Commissioner has reasonable suspicion to believe that a driver has a drug or controlled substance impairment that renders the driver unfit for the safe operation of a taxicab, the Police Commissioner shall be empowered to direct that the driver be tested or examined for such impairment, at the driver's expense, by an individual or entity designated by the Police Commissioner and possessing a requisite permit issued by the New York State Department of Health, within the time prescribed by the Police Commissioner. If the results of said test(s) or examination(s) are positive, the driver's taxicab operator's license may be suspended or revoked in accordance with § 290-9 of this chapter. Failure of a driver to be tested or examined as directed may lead to suspension or revocation of such driver's license in accordance with § 290-9 of this chapter.
[Added 3-15-2011 by Ord. No. 57-2011]

§ 290-22 Taximeter.

A. 
A taximeter shall not be operated from any wheel to which the power is applied but shall be geared to the transmission or main drive shaft of the taxicab by a cable in a tamperproof or sealed casing. The taximeter of each taxicab shall be so arranged and lighted that the meter will be at all times discernible and capable of being read by any passenger in the taxicab.
B. 
The taximeter shall be kept in a recording position at all times when the taxicab is occupied.

§ 290-23 Duties and responsibilities of taxicab operators.

A. 
Every person driving a vehicle licensed pursuant to this chapter shall:
(1) 
Not refuse or neglect to convey any orderly person upon request in the City unless previously engaged or unable or forbidden by the provisions hereof so to do.
(2) 
Not carry any other person than the person first employing the taxicab unless the person first employing the taxicab consents to the acceptance of an additional passenger.
(3) 
Keep a written record of all trips on a form approved by the Police Commissioner. Such record shall be retained by the owner for at least six months.
(4) 
Thoroughly search the interior of the vehicle after termination of each trip for any articles left or lost in the vehicle; immediately take any such property to the Police Department in the City, town or village where the passenger or passengers were discharged.
(5) 
Report all accidents as required by the Vehicle and Traffic Law and report all accidents to the owner.
(6) 
Report each change of residence within 48 hours thereof to the Police Commissioner.
(7) 
Answer all communications and summonses received from the Police Commissioner.
(8) 
Deliver all fares received to the owner.
(9) 
Not operate any such vehicle while his taxicab driver's license or chauffeur's license is suspended or revoked.
(10) 
Not permit another person to use his badge, City operator's license or receipt book.
(11) 
Return the vehicle to the owner and not leave it nor permit any other person to drive it.
(12) 
Not smoke while the vehicle is carrying passengers.
(13) 
Keep the interior of the vehicle clean.
(14) 
Not recommend to any passenger the name of any hotel, restaurant, cafe or any place operated and maintained in violation of the law.
(15) 
Proceed with passengers to the destination by the shortest possible route unless otherwise directed.
(16) 
At all times while on duty have displayed in the interior of his vehicle, in a frame provided therefor, his City operator's license.
(17) 
Report to the Police Commissioner any conviction of a vehicle and traffic law, penal law or other local law pertaining to the operation of a motor vehicle in any jurisdiction.
(18) 
Not use the vehicle horn to attract customers.
[Added 11-18-1997 by Ord. No. 248-1997]
(19) 
Not park any taxicab vehicle on a public street in a metered space within 500 feet of a taxicab office.
[Added 11-18-1997 by Ord. No. 248-1997]
(20) 
Not refuse or neglect to convey any person accompanied by a service animal used by a person with a disability. No additional charge shall be charged for conveying such accompanying service animal.
[Added 7-15-2003 by Ord. No. 163-2003]
(21) 
Not operate a taxicab in such a manner or at a speed which unreasonably endangers users of other vehicles, pedestrians or passengers.
[Added 3-15-2011 by Ord. No. 57-2011]
(22) 
Operate a taxicab in compliance with all applicable traffic laws, rules and regulations.
[Added 3-15-2011 by Ord. No. 57-2011]
B. 
Taxicab operators are responsible for all equipment violations on vehicles, such as:
(1) 
Tires must be safe.
(2) 
Lights, including front and rear, signal lights, license plate light and two stop lights.
(3) 
The muffler must be adequate.
(4) 
The inspection certificate.
(5) 
The windshield must be free of cracks.
(6) 
Brakes must be adequate, including emergency.
(7) 
Mirrors: must have exterior and interior mirror.
C. 
No taxicab operator shall permit more persons to be carried in a taxicab than the designated seating capacity of the manufacturer for adult passengers in the front and rear seat compartments. A child under the age of seven years shall not be counted as a passenger, and no fare will be charged for such child when accompanied by an adult. No operator shall drive any taxicab when such taxicab is so loaded or when there are in the front seat of such taxicab such number of persons as to obstruct the view of the operator to the front or sides or to interfere with the operator's control over the taxicab.
D. 
A taxi operator shall not sit in any part of his vehicle except the driver's seat and shall not permit anyone who is not a paying passenger to sit anywhere in the vehicle while on duty.

§ 290-24 Unlawful agreements by operators.

It shall be unlawful for any operator to have or make any contract or agreement with any owner of any hotel, apartment house, restaurant or cafe, or with the agent or employee of such owner, by which such operator shall agree to solicit the patronage for any such hotel, apartment house, restaurant or cafe.

§ 290-25 Duties and responsibilities of owner.

The owner of every vehicle licensed under the provisions hereof operating within the City, in addition to complying with all the conditions hereof, shall do and perform or cause to be performed with respect to each vehicle operated, the following:
A. 
Keep the vehicle interior and exterior in a clean and sanitary condition.
B. 
Inspect the vehicle and its equipment at least once in each week.
C. 
Make such repairs and alterations as may be required and not operate any vehicle until such alterations are completed.
D. 
Employ only drivers who present a proper City operator's license and badge.
E. 
Permit only one driver to operate any vehicle or vehicles only 12 hours of any continuous twenty-four-hour period, except the operator of a bus hired or engaged under a contract for its exclusive use for a special trip or excursion.
F. 
Report any operator to the Police Commissioner who, in his opinion, is not qualified to hold a driver's license, stating the reasons therefor.
G. 
Furnish to the Police Commissioner all reports that the Police Commissioner may require.
H. 
Keep open for inspection by the Police Commissioner the record showing the time of leaving and return of each vehicle as well as the name, license number of the driver and the make, license number and owner of the vehicle.
I. 
Keep such records of receipts from operations, payments to drivers, mileage run, accidents incurred and public liability claims paid, and of such other information as the Police Commissioner may from time to time by regulation provide, such records to be at all times open to inspection by the Police Commissioner.
J. 
Submit vehicles for inspection whenever required by the Police Department.
K. 
Keep rooftop advertising, if any, in clean, good and safe condition at all times.
[Added 11-21-2000 by Ord. No. 192-2000]
L. 
An owner shall not knowingly permit any driver to operate a taxicab while the operator's driving ability is impaired by either intoxicating liquor (regardless of its alcoholic content), drugs or other controlled substances.
[Added 3-15-2011 by Ord. No. 57-2011]

§ 290-26 Unlawful agreements by owners.

It shall be unlawful for any owner to have or make any contract or agreement with any owner of any hotel, apartment house, restaurant or cafe, or with the agent or employee of such owner, by which such taxicab owner shall agree to solicit the patronage for any such hotel, apartment house, restaurant or cafe.

§ 290-27 Vehicle identification.

A. 
All taxis shall maintain in working order an outside roof light of permanent fixture which will be illuminated at all times when the taxi is not previously engaged and is on duty and available for hire.
B. 
Vehicle identification. Either the company's name or the name of the true owner of the taxicab, plus an identification number, shall be printed on both front doors. Additionally, the taxicab identification number shall be printed on the trunk deck lid clearly visible from the rear of the vehicle. The identification number shall not be less than three inches in height in a color contrasting with the portion of the taxicab upon which the lettering is painted. The rates of fare and waiting time currently in effect shall be printed on both rear doors. In addition, there shall also be placed under the rates of fare the words "New Rochelle, New York." The size and color of the lettering shall not be less than three inches in height and three in width with a one-fourth-inch stroke in a color contrasting with the portion of the taxicab upon which the lettering is painted, so as to provide readily readable figures considering operating conditions when taxicabs are likely to be used.
C. 
Each radio dispatched company shall seek approval from the Police Commissioner for the color of its vehicles. All taxis not associated with an existing company shall utilize the color white only. This provision shall not apply to existing companies and vehicles and shall only apply to vehicles acquired or new colors utilized after the adoption of this section.
[Added 11-18-1997 by Ord. No. 248-1997]

§ 290-28 General requirements of operators and owners.

A. 
Doors. All bodies shall have four doors, two leading into the driver's compartment, so constructed that they may be opened from the inside and the outside.
B. 
Heater. Every taxicab shall be equipped with an adequate heater of the type which will not permit the exhaust gases to enter the interior of the vehicle.
C. 
Rearview mirrors. Every vehicle licensed as a taxicab 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.
D. 
Speedometer. Every taxicab shall be equipped with a standard speedometer properly installed and maintained in good working order. No taxicab shall be operated in public hiring service while such speedometer is out for repair or disconnected.
E. 
Tires. Every taxicab shall require the use of either an acceptable snow tire, radial tire or chains on the two rear wheels when pavement conditions are such as to require their use for the safety of the driver, passengers and the general public.
F. 
Windshield wipers. Every taxicab shall be equipped with dual windshield wipers properly installed and maintained in good working order and shall be operated whenever weather conditions require.
G. 
Upholstery and floor mats. When the original upholstery or floor mats are found to be worn out or otherwise unsatisfactory for public use, they shall be replaced.
H. 
Interior light. Every taxicab shall be equipped with an interior light to illuminate the interior of said public vehicle after sundown. Said light shall be so arranged as to be automatically turned on by the opening of the right rear door of said vehicle and shall also have a switch easily accessible to the passengers.
I. 
Safety glass. Wherever glass is used in body construction, it shall be safety glass, clearly and permanently marked as such, and of a type approved by the Commissioner of Motor Vehicles of New York State. Glass in windows and doors shall be in good condition with regard to air bubbles, cracks and fractures.
J. 
Fender and body. Fender and body must be rigid, tightly fastened, free from dents or mutilation and so constructed as to allow the full opening of the doors. The exterior of the vehicle must be well painted and the finish in good condition.
K. 
View of license unobstructed. The view of the state license plates and the City vehicle medallion shall at all times be unobstructed.
L. 
Mechanically fit. All vehicles licensed by this City must be kept mechanically fit, with brakes, lights and signaling devices in good working order.
M. 
Radio. A radio, if there is one in the vehicle, except a radio used by the operator in dispatching calls in connection with the business of the operator, shall be played at the discretion of the passenger and at no other time.
N. 
Prohibited. No taxicab shall be equipped with any equipment which is not reasonably useful and necessary in the furnishing of safe, adequate and convenient hiring service.
O. 
Illegal acts. 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 to commit an unlawful act.
P. 
Air conditioners. Every taxicab shall be equipped with a functioning air conditioning system and the passenger compartment shall be air conditioned upon the customer's request.
[Added 11-18-1997 by Ord. No. 248-1997]

§ 290-29 Supervision; right of entry.

A. 
Inspection of all vehicles operated under this chapter shall be under the direction of the Police Commissioner, and he shall assign a member of the Police Department to be in charge thereof, together with such other personnel necessary for such purpose.
B. 
The Police Commissioner, officer in charge and/or such other personnel assigned for such purpose shall have the right at any time, after displaying proper identification, to enter into or upon any vehicle operated under this chapter for the purpose of ascertaining whether or not any provisions of this chapter are being violated.

§ 290-30 Operation without licenses or while licenses are suspended or revoked.

A. 
It shall be unlawful for a taxicab dispatcher to dispatch a taxicab and for a taxicab operator to solicit or accept passengers while the taxicab medallion license or the license of the taxicab operator is suspended or revoked.
B. 
It shall be unlawful for a taxicab dispatcher to dispatch a taxicab and/or for a taxicab operator to solicit or accept passengers without a valid taxicab medallion license and a valid taxicab operator's license.
C. 
It shall be unlawful for a taxicab medallion owner to permit the operation of his taxicab by an unlicensed taxicab operator or a taxicab operator whose taxicab operator's license is under suspension or revocation.
D. 
The Police Commissioner shall notify, in writing, all taxicab companies of any suspension or revocation of any taxicab medallion license or taxicab operator's license.

§ 290-30.1 Rooftop advertising.

[Added 11-21-2000 by Ord. No. 192-2000]
A. 
Advertising shall be permitted only on the rooftop of a taxicab.
B. 
Advertisers shall handle submissions for advertising approval on behalf of the owner.
C. 
The Municipal Art Commission shall approve the size and aesthetics of the sign and advertising.
[Amended 6-20-2006 by Ord. No. 165-2006]
D. 
The owner shall maintain liability insurance in force at all times with minimum coverage of $1,000,000 naming the City as additional insured for all claims, actions or proceedings brought against the City in connection with or related to the rooftop advertising on the owner's taxicab.
E. 
The fee for such authorized advertising shall be $50 per calendar year per taxicab, payable to the City of New Rochelle.
F. 
The Police Department shall issue and the owner shall affix a visible window sticker indicating that an advertising permit for that taxicab has been issued.

§ 290-31 Penalties for offenses.

[Amended 4-20-2004 by Ord. No. 88-2004]
An offense against the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.