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 §Â
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.
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.
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.
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 §Â
290-5.)
N. Such other information deemed necessary by the Police
Commissioner for the preservation of the public safety, health and
welfare.
[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 §Â
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.
[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 §Â
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 §Â
290-9 of this chapter.
C. The licensee shall continue to meet the qualification for licensure, as set forth in §Â
290-5 of this chapter.
[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)Â 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)Â 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)Â Such taxicab operator or taxicab medallion license
holder has failed to comply with rules and regulations of this chapter.
(4)Â A licensee may be suspended if criminal proceedings
are instituted against the taxicab medallion license holder or taxicab
operator for any crime or offense reasonably related to the health,
safety or welfare of the public. Such licensee may be suspended, revoked
or refused to be renewed in the event of a conviction of such crime
or offense reasonably related to the health, safety or welfare of
the public.
[Amended 3-15-2011 by Ord. No. 57-2011; 9-20-2018 by Ord. No. 2018-180]
(5)Â 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)Â 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)Â 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 §Â
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)Â 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)Â 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)Â 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)Â 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 §Â
290-6A of this chapter.
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.
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.
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.
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.
[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 awaiting employment at a designated taxicab stand, as set forth in §Â
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.
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.
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.
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.
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.
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.
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]
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.
[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.
[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.