It shall be unlawful for any person to operate
a vehicle for the purpose of transportation for hire within the Town
of Babylon without first having secured a permit from the Town Clerk.
A.
Applications. Applications for a permit or permit
renewal required herein shall be filed with the Town Clerk on a form
supplied by the Town Clerk. Said application shall be in the form
of a sworn affidavit by the applicant stating that all information
is true and accurate to the best of his or her knowledge and belief,
including the information set forth herein:
(1)
Personal information.
(a)
Name, address (local address and legal address,
if different), telephone number and social security number, including
maiden name where applicable.
(b)
Place of residence (local address and legal
address, if different) for the past five years if different from above.
(c)
Age, height, weight, eye color, hair color,
place and date of birth.
(d)
Any suspension or revocation of any driver's
license of any class held by the applicant, whether by the State of
New York or any other state, and, if so, by what court or other authority,
on what date and for what cause and, if suspended, the period of suspension.
(e)
Any convictions for felonies or misdemeanors
or violations of any municipal ordinances (except with relation to
municipal traffic and/or parking violations) and, if so, in what court,
when, where, upon what charges and the sentence of the court, including
the docket, index, indictment or file number in such court.
(f)
A copy of the applicant's valid, applicable
and appropriate New York State driver's license(s) clearly indicating
the number and expiration date thereof, together with authorization
for the Town to conduct an examination of the applicant's driving
record.
(g)
An affidavit from a doctor licensed to practice
medicine in the State of New York stating that said doctor has thoroughly
examined the applicant within 30 days of the application, that said
applicant demonstrates no affliction of any physical or mental disease
or infirmity which might make him or her an unsafe or unsatisfactory
permit holder and no drug or alcohol dependency or use other than
by prescription, together with the results of blood testing. If prescription
medication, that the medication will not impair the ability of the
driver to operate a limo or taxi.
(h)
For identification purposes, whether the applicant
is a citizen of the United States; if citizenship was obtained by
naturalization, the date and place where obtained; if an alien, proof
of legal entry into the United States must be submitted.
(i)
Proof that the applicant can read and write
the English language.
(2)
Business information.
(a)
The place of business and/or employment for
the past five years, including the names and addresses thereof.
(b)
Any previous licenses held in any occupation
and, if so, when, where and for what period and whether said licenses
were ever revoked or suspended, the date of the revocation or suspension
and the reason therefor.
(3)
Miscellaneous information. Any additional information
the Town Clerk shall deem necessary for the purpose of administering
the provisions of this chapter or to assist in determining the applicant's
fitness to engage in the business of transportation for hire.
B.
Identification. Applicants shall also file the items
set forth herein with said application:
(1)
Fingerprints.
(a)
Upon receipt of a sworn application for a permit,
a copy thereof and a fingerprint card shall be referred to the Town
Public Safety Office for appropriate fingerprinting of said applicant,
and such completed fingerprint card shall thereafter be forwarded
by the Town Clerk to the New York State Division of Criminal Justice
Services for a full search.
(b)
The application shall be accompanied by an appropriate
fee, the amount and payment instrument to be determined by the Town
Clerk, pursuant to the requirements of and payable to the New York
State Division of Criminal Justice Services, which amount shall be
in addition to the processing fees stated herein, for such investigation
of the applicant as is deemed necessary or advisable for the protection
of the public good and welfare.
(c)
The New York State Division of Criminal Justice
Services shall return such criminal history record information as
may exist in its files or a statement that no such relevant information
exists, such record to be filed with the Town Clerk.
(d)
Upon its return by the New York State Division
of Criminal Justice Services to the Town Clerk, if the application
is approved by the Town Clerk and upon payment of the prescribed permit
fee, the Town Clerk shall prepare and deliver to the applicant therefor
the permit required by this chapter.
(e)
New fingerprints for each renewal period may
be waived by the Town Clerk unless the permit issued under the provisions
of this chapter has lapsed for a period of time in excess of one year.
C.
Examination. At the discretion of the Town Clerk,
before issuance of a permit required by this chapter, the Town Clerk
may require the applicant and any others having knowledge of the facts
to submit to an examination, under oath, and to produce evidence relating
thereto.
D.
Modification. Any change in circumstance with regard
to the information required hereinabove shall be reported within 30
days of occurrence.
Vehicle operators are responsible for ensuring
that they take such training courses as may be prescribed from time
to time by the State of New York, County of Suffolk and/or Town of
Babylon specifically designed to educate and familiarize them with
customary safety standards. Evidence of satisfactory completion of
such courses shall be filed with the Town Clerk with the permit application.
Current permit holders shall file with the Town Clerk proof that they
are regularly attending and/or have satisfactorily completed such
courses.
The regulations set forth herein are mandatory
and are the responsibility of the operator while in possession of
a vehicle and of the owners as to themselves and their vehicles, operators
and/or employees during all times and operations of the business.
A.
Compliance, generally. Operators must be in compliance
with all requirements of this chapter, all ordinances, local laws
and codes, laws, rules and regulations, including but not limited
to those concerning vehicles, traffic and parking, of the Town of
Babylon, County of Suffolk and State of New York.
B.
Compliance, owners. Operators must specifically be
in compliance with all owner regulations set forth in this chapter
as they may apply to operators.
C.
Compliance, vehicles. Operators must specifically
be in compliance with all vehicle regulations set forth in this chapter
as they may apply to operators.
D.
Address changes. Operators must report to the Town
Clerk, within seven days, any change of their residence.
E.
Fares. Operators may charge fares to all passengers
and may not charge more than the rates fixed on the schedule of fares
on file in the office of the Town Clerk nor any fare whatsoever if
said schedule is not posted conspicuously within the interior of a
vehicle so it may be viewed by all passengers.
F.
Identification devices. Operators must display their
permit as required in this chapter; must refuse to operate vehicles
that do not have a certificate of operation and schedule of fares
conspicuously posted and securely fastened on the interior of the
vehicle; and must report to the Town Clerk, within 24 hours, the loss,
theft, mutilation, marring or alteration of any such documents.
G.
Lost property. Operators must make a thorough search
of the interior of a vehicle after the discharge of each passenger
and immediately turn over any lost or misplaced article(s) to the
appropriate local police authorities.
H.
Multiple passengers. Operators must, after having
accepted a person for transportation, refuse to accept any other passengers
without the consent of the person first accepted for transportation.
I.
No smoking requests. Operators must, at the request
of any passenger, enforce no smoking in their vehicles by all occupants,
including the operator, during the presence of the passenger making
said request.
J.
Operator conduct. Operators must conduct themselves
in an orderly manner while operating a vehicle for hire.
K.
Passenger conduct. Operators must transport any person(s)
conducting him or herself in an orderly manner, upon request to do
so unless then under hire by another person or unless prohibited from
so doing by any other provisions of this chapter.
L.
Written logs. Operators must maintain and constantly
update all written logs prescribed in this chapter.
The activities set forth herein are unlawful,
are therefore prohibited and are the responsibility of the operator
while in possession of a vehicle and of the owner as to themselves
and their vehicles, operators and/or employees during all times and
operations of the business:
A.
Noncompliance, generally. Operators may not be in
violation of any requirements of this chapter as they apply to operators.
B.
Noncompliance, owners. Operators may not specifically
be in violation of any prohibited business owner activities as they
may apply to operators.
C.
Noncompliance, vehicles. Operators may not specifically
be in violation of any prohibited vehicle activities as they may apply
to operators.
D.
Attention-seeking devices. Operators or any person
on their behalf may not use loudspeakers, noisemaking devices and/or
any other attention-seeking devices upon any street, road, highway,
alley, park or other public place within the Town for the purpose
of attracting attention to solicitation of passengers or for any other
purpose.
E.
Cruising. Operators may not cruise public streets,
roads and/or highways of the Town in search of passengers.
F.
Delays. Operators may not delay more than five minutes
after first receiving a passenger and before proceeding to convey
the passenger to his or her destination unless the passenger so requests.
G.
Improper vehicle conditions. Operators must refuse
to operate vehicles that are not clean, sanitary, fit, of good appearance
and in a safe condition for the transportation of passengers, including
all repairs, alterations and/or additions that may be required.
H.
Invalid documents. Operators may not operate any vehicle
while their Town permits, chauffeurs' licenses or other appropriate
New York State issued licenses are not in effect, have expired or
have been suspended or revoked and must refuse to operate any vehicle
for which the certificate of operation or business owner's license
is not in effect, has expired or has been suspended or revoked.
I.
Overloading. Operators may not use a vehicle for transporting
a greater number of passengers than the rated capacity of the vehicle.
J.
Peddling. Operators may not peddle or allow the peddling
of any goods or property from or near a vehicle.
K.
Unattended vehicles. Operators may not leave a vehicle
unattended in any public place except their depot or garage or when
necessary for the operator to be absent therefrom but in no event
for more than 30 consecutive minutes.
L.
Unauthorized operators. Operators may not allow any
other person to use their permits.
