It is unlawful for any person to transfer or
assign any license, certificate or permit or the identification device
therefor issued under the provisions of this chapter, to any other
person or from one vehicle to another.
A.
Expirations. All licenses, certificates and permits
issued hereunder shall expire at 12:00 midnight one year from the
date of issuance.
B.
Renewals. Applications for renewal of all licenses,
certificates and permits shall be made no earlier than 30 days prior
to the expiration date thereof and no more than 10 days prior to the
expiration date thereof. An application for renewal of any license,
certificate or permit made less than 10 days before the expiration
date thereof shall be subject to an additional penalty fee as set
forth herein.
A.
Business owner's license.
(1)
Issuance. Upon approval of an application, the Town
Clerk shall issue to the business owner a license bearing the title
"Business License: Transportation For Hire."
(2)
Posting. Owners at all times are responsible for keeping
said license conspicuously posted and securely fastened at their business
offices within the Town of Babylon in a clear and readable manner.
(3)
Contents. The license shall set forth the following
information:
(a)
The name and business address of the owner of
the business so licensed.
(b)
The signature and seal of the Town Clerk imprinted
thereon.
(c)
A statement certifying that the person and/or
business to whom such permit is issued is authorized to operate that
business for the purpose of transporting passengers f or hire.
(d)
The dates of issuance and expiration of such
license and the number thereof.
B.
Vehicle's certificate of operation.
(1)
Issuance. Upon approval of an application, the Town
Clerk shall issue for each vehicle a certificate bearing the title
"Certificate Of Operation: Transportation For Hire."
(2)
Posting. Owners at all times and operators while in
possession of a vehicle are responsible for keeping said certificate
conspicuously posted and securely fastened in the interior of said
vehicle in a clear and readable manner.
(3)
Contents. The certificate shall set forth the following
information:
(a)
The name and business address of the owner of
the vehicle and the business which is certified to use said vehicle
for the purpose of transporting passengers for hire.
(b)
The name and business address of the certificate
of operation holder if different.
(c)
The signature and seal of the Town Clerk imprinted
thereon.
(d)
A statement certifying that the vehicle to which
such certificate is issued is authorized to be used for the purpose
of transporting passengers for hire by said business.
(e)
A statement certifying that the business to
which such certificate is issued is authorized to engage in the business
of transporting passengers for hire.
(f)
The dates of issuance and expiration of such
certificate and the numbers thereof.
(g)
The make, type, seating capacity, name of owner,
New York State vehicle registration number, vehicle identification
number, license plate number and fleet number, if applicable, of said
vehicle.
C.
Vehicle operator's permit.
(1)
Issuance. Upon approval of an application, the Town
Clerk shall issue to the vehicle operator a permit bearing the title
"Operator Permit: Transportation For Hire."
(2)
Posting. Operators at all times are responsible for
keeping said permit conspicuously posted and securely fastened in
the interior of a vehicle while in possession thereof, in a clear
and readable manner.
(3)
Contents. The permit shall set forth the following
information:
(a)
The name of the permit holder.
(b)
The signature and seal of the Town Clerk imprinted
thereon.
(c)
A statement certifying that the operator to
which such permit is issued is authorized to operate a motor vehicle
for the purpose of transporting passengers.
(d)
The dates of issuance and expiration of such
permit and the number thereof.
A.
Filing. Owners must file with the Town Clerk a copy
of the current, valid schedule of fares to be charged for the transportation
of passengers for hire in their vehicles, including refund and cancellation
policy.
B.
Posting. Owners at all times and operators while in
possession of a vehicle are responsible for keeping said schedule
conspicuously posted and securely fastened in the interior of each
vehicle in a clear and readable manner.
D.
Restrictions. No fare may be charged in excess of
the rates fixed on the schedule of fares on file in the office of
the Town Clerk, and no fare may be charged whatsoever if said schedule
is not posted as required herein.
A.
Issuance. Upon approval of an application for a certificate
of operation, the Town Clerk shall issue a placard for each vehicle
bearing the title "Passenger Regulations, Rights and Complaints."
B.
Posting. Owners at all times and operators while in
possession of a vehicle are responsible for keeping said placard conspicuously
posted and securely fastened in the interior of each vehicle in a
clear and readable manner.
C.
Contents. The placard shall set forth the activities
by passengers that are prohibited, their rights and where to file
complaints as prescribed by this chapter.
A.
Maintenance of dispatch logs. Owners at all times
are responsible for maintaining and immediately updating a written
log, recording all engagements of all vehicles used in said business,
the time and place each passenger engaged each vehicle, the time and
place each passenger terminated the engagement of each vehicle and
the fares charged for each engagement, including the name of the driver.
B.
Maintenance of trip logs. Owners at all times and
operators while in possession of a vehicle are responsible for maintaining
and immediately updating a written log of all trips for and in each
vehicle, recording all engagements of all vehicles used in said business,
the time and place each passenger engaged each vehicle, the time and
place each passenger terminated the engagement of each vehicle and
the fares charged for each engagement, including the name of the driver.
C.
Inspections. Such records must be kept for six years
from the date of the transactions and must be available for inspection
by the Town, upon request, at all times during said period.
A.
Public properties. Owners or operators involved in
transportation for hire shall not have exclusive rights to any location
on any street, road or highway or on any public property unless so
prescribed by a contract or franchise agreement with the public entity
owning said property.
B.
State highways. Owners or operators involved in transportation
for hire shall not occupy any part of a state highway for the purpose
of soliciting passengers for so long as the same is governed and regulated
by New York State Vehicle and Traffic Law § 1157(c) and
§ 1800.
A.
Business owners.
(1)
Filing. Owners shall, prior to issuance of their licenses
and/or certificates of operation, file with the Town Clerk memoranda
of insurance for the business and each vehicle used therein and workers
compensation insurance.
(2)
Contents. The memoranda shall set forth the following
information:
(a)
That the business and each vehicle is insured
against public liability in the minimum amounts of $100,000 for injuries,
including wrongful death to any person, $300,000 to cover any accident
involving more than one person and property damage insurance in an
amount not less than $10,000.
[Amended 3-27-2001 by L.L. No. 4-2001]
(b)
Each applicant shall, before the issuance to him of a license under this chapter or any renewal thereof, file with the Town Clerk a certificate of insurance that the applicant and each motor vehicle is insured against public liability in the amounts set forth in Subsection A(2)(a) above for personal injury and property damage, which insurance shall be maintained in force during the period covered by the license. Such certificate and insurance policy shall provide that the Town of Babylon shall be given 30 days' prior written notice of cancellation. Such policy shall not be canceled or suspended either by the insured or the insurer unless at least 30 days' notice, in writing, of the intention to cancel.
[Amended 3-27-2001 by L.L. No. 4-2001]
(c)
That said insurance company shall provide the
Town of Babylon with 30 days' prior written notice of cancellation.
(d)
The name, local address and telephone number
of the insurance agent.
(3)
Cancellation. If said insurance is suspended or canceled
for any reason whatsoever, the business license and all certificates
of operation for each vehicle shall be suspended until such time as
a reinstatement of said policy or memorandum of an acceptable, current
and valid policy is filed with the Town Clerk.
B.
Vehicle operator. Operators while in possession of
a vehicle are responsible for having the valid, current insurance
card for said vehicle issued to the business and/or vehicle owner
with them at all times.
A.
Disapproval, suspension or revocation. Holders of
licenses, certificates and/or permits issued pursuant to this chapter
must surrender same to the Town Clerk immediately upon demand after
the disapproval, suspension or revocation thereof.
B.
Sales. Holders of licenses and/or certificates issued
pursuant to this chapter must surrender same to the Town Clerk immediately
upon and in no case later than seven days from the sale or other disposition
of a business or any vehicle.
C.
State actions. Holders of licenses, certificates and/or
permits issued pursuant to this chapter must surrender same to the
Town Clerk immediately upon and in no case later than seven days from
suspension or revocation by the State of New York of any relevant
license, permit or registration.
