[HISTORY: Adopted by the Town Board of the Town of Yorktown 4-29-1975 as Ch. 84 of the 1975 Code. Amendments noted where applicable.]
For the purposes of this chapter, the terms used herein are defined as follows:
TAXICAB
Any motor vehicle regularly engaged in the business of carrying persons for hire, except vehicles subject to the provisions of the Transportation Law or used by undertakers in carrying on their undertaking business.
TAXICAB DRIVER
Any person who operates a taxicab.
It shall be unlawful for any person to keep any taxicab for hire within the Town of Yorktown without first having obtained under the provisions of this chapter a taxicab license in full force and effect, and for any person to drive or operate such taxicab without having obtained a taxicab driver's license in force and effect.
Except in the year in which this chapter shall be enacted, such taxicab licenses shall be issued as of the first day of January of each year and shall be valid until the following December 31, unless sooner revoked as hereinafter provided. The fee for such license shall be $25 for each taxicab if issued before July 1 and $12.50 if issued thereafter. Where a motor vehicle licensed under this chapter is sold or otherwise disposed of by the holder of such license, the license may be surrendered to the Town Clerk for cancellation; if within 30 days thereafter the holder of the license applies for the issuance of a license for another vehicle, such license shall be issued without fee, but otherwise on the same conditions as an original license. Applications for licenses shall be made upon forms supplied by the Town Clerk and shall be accompanied by the required fee and a certificate of the Chief of Police that the vehicle sought to be licensed has been examined by a licensed New York State inspection service and certified to be in good mechanical condition and clean and sanitary. Such certificate shall expire on December 31 of each year and be renewed annually thereafter. Licenses shall be issued by the Town Clerk and shall be affixed to the windshield of the vehicle for which issued at all times.
The Town Board shall in its discretion determine the number of taxicab licenses to be issued. When in any year the number of applications for such licenses shall exceed the number authorized by the Town Board, the Chief of Police shall determine which applicants shall be licensed, such determination being based on the previous record, if any, of the applicants with respect to conditions of the vehicle, observance of the provisions of laws and ordinances affecting their operation and character of service, if any, rendered by each applicant. The determination of the Chief of Police with respect to each application shall be subject to review by the Town Board upon application by the prospective licensee.
A. 
Application. Each applicant for a taxicab driver's license must comply with the following to the satisfaction of the Town Clerk:
(1) 
Must first have obtained a New York State chauffeur's license;
(2) 
Must be of the age of 18 years or over;
(3) 
Must be of sound physique with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him unfit for the safe operation of a public vehicle;
(4) 
Must be able to read and write the English language;
(5) 
Must be clean in dress and person and not addicted to the use of liquor or drugs;
(6) 
Must produce, on forms to be provided by the Town Clerk, affidavits of good character from two reputable citizens of the Town of Yorktown who have known him personally and have observed his conduct for at least one year next preceding the date of his application and a further testimonial on a form provided for that purpose from his employer; and
(7) 
Must fill out, upon a blank form to be provided by the Town Clerk, a statement giving his full name, residence, places of residence for five years previous to moving to his present address, age, color, height, color of eyes and hair, place of birth, whether a citizen of the United States, places of previous employment for the last five years, whether married or single, whether he has ever been arrested or convicted of a felony or misdemeanor, whether he has been previously licensed as a driver or chauffeur, and if so whether his license has ever been suspended or revoked, and for what cause, and the number of the chauffeur's license issued by the state, which statement shall be signed and sworn to by the applicant and filed with the Town Clerk as a permanent record. The Town Clerk is hereby authorized and empowered to require such additional information as he may deem necessary.
B. 
Examination of drivers.
(1) 
Each application shall be accompanied by a certificate from a physician duly licensed by the State of New York certifying he has examined the applicant within the thirty-day period prior to filing of the application and that in his opinion the applicant is not afflicted with any disease or physical or mental condition or infirmity which might make him an unsafe or unsatisfactory driver.
(2) 
If the results of any of the examinations are unsatisfactory in the opinion of said Chief of Police, the applicant shall be refused the license.
C. 
Photograph of driver. Each applicant for a driver's license must file with his application three unmounted, unretouched photographs of himself, in such position as the Town Clerk may direct, taken within 30 days preceding the filing of his application. Photographs shall be of a size which may be easily attached to his license, one of which shall be attached to the license when issued, and the others shall be filed with the application. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without detection. Each licensed driver shall exhibit his license and photograph for inspection. If the application for a license is denied, two copies of the photograph shall be returned to the applicant by the Town Clerk.
D. 
Fingerprints of driver.
(1) 
After filling out the application provided for by Subdivision A herein to the satisfaction of the Town Clerk, the applicant shall take said application, together, with the photographs of himself provided for by Subdivision C herein, and deliver the same to the officer in charge of fingerprinting at police headquarters. At the time of such delivery or at such time as the officer in charge of fingerprinting may direct, said applicant shall submit to having the impressions of the fingers of his right and left hands taken upon forms furnished by the town. A set of fingerprints, together with one of the photographs of said applicant, shall be kept on file at police headquarters as a permanent record. The Chief of Police shall cause an investigation to be made relative to the character and criminal record, if any, of said applicant. After completing such investigation, the Chief of Police shall forward said application and two photographs of said applicant to the Town Clerk, together with his recommendation as to either granting or denying said application. No license shall be issued under the provisions of this chapter until the Chief of Police has indicated, in writing, his approval thereof.
(2) 
No license shall be issued to any person who has been convicted of a felony, except by the majority vote of the Town Board of the Town of Yorktown.
E. 
Forms and terms of driver's license. Upon satisfactory fulfillment of the foregoing requirements, there shall be issued to the applicant a license which shall be in such form as to contain a photograph and signature of the licensee, and blank spaces upon which a record may be made of any convictions, arrests, serious complaints or reprimands against him. Each license shall be stamped by the seal of the town upon at least a portion of the photographs. All licenses shall be numbered in the order in which they are issued and shall contain the name and place of residence of the licensee and the dates of issuance and expiration of the license. Any licensee who defaces, removes or obliterates any official entry made upon his license shall be punished by the revocation of his license.
F. 
Renewal of driver's license. The Town Clerk may renew a driver's license from year to year by appropriate endorsement thereon. A driver, in applying for a renewal of his license, shall make such application not less than 30 days next preceding its expiration upon a form to be furnished by the Town Clerk entitled, "Application for renewal of license," which shall be filled out with the full name and address of the applicant, together with a statement of the date upon which his original license was granted and the number thereof, and such other information as the Town Clerk may deem necessary.
G. 
Driver's license fees. The following fees shall be paid for a driver's license or renewal thereof: $5 for the original license and $1 for each renewal thereof.
H. 
Suspension or revocation of driver's license. The Supervisor or Chief of Police shall take cognizance of any act, conduct or omission by those to whom these regulations are applicable which is prejudicial, offensive or detrimental to the best interests of the public, although not specifically mentioned in this chapter, and may as a result suspend the license. In addition, the Chief of Police may suspend a license issued hereunder immediately upon the preferring of a charge of violation of this chapter or of any law or ordinance affecting the operation of a motor vehicle. If the person or persons affected by such suspension desire a hearing thereon, application therefor shall be made within 10 days after such suspension to the Town Board, which shall thereafter hold a hearing thereon. The Town Board after such hearing may remove the suspension, continue the same for a period determined by it or revoke the license, and its determination shall be final.
I. 
Record of driver's licenses. There shall be kept in the office of the Chief of Police and the Town Clerk a complete record of each license issued to a driver, and of all renewals, suspensions and revocations thereof, which record shall be kept on file with the original application of the driver for a license.
A. 
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
Suspension and revocation of license. In addition to the fine, imprisonment, or both, authorized by this chapter, any licensee shall be subject to the suspension or revocation of his license upon conviction for any violation of this chapter. The Chief of Police may, in his discretion, suspend or revoke a license granted under any provision of this chapter pending, or in advance of, any criminal prosecution of the licensee or until the next meeting of the Town Board.