[HISTORY: Adopted by the Board of Trustees of the Village of Massena 9-22-1969 as Ch. 73 of the 1969 Code; amended in its entirety 4-4-2017 by L.L. No. 2-2017. Subsequent amendments noted where applicable.]
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given to them by this section:
- Includes any person or entity who files an application for a vehicle for hire license as an owner, driver, or both.
- MEDICAL TRANSPORTATION VEHICLE
- Includes any motor vehicle engaged in the business of carrying persons for hire, or otherwise operated for hire, except vehicles subject to the provisions of the Transportation Corporation Law.
- Includes any person owning or having control of the use of one or more vehicles for hire used for hire upon the streets of the Village of Massena or engaged in the business of operating a vehicle for hire.
- A member of the public who engages the use of a vehicle for hire.
- Includes one or more persons of either sex, natural person, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
- Includes any street, alley, avenue, court, bridge, lane or public place in the Village of Massena.
- Includes any motor vehicle engaged in the business of carrying persons for hire, or otherwise operated for hire, except vehicles subject to the provisions of the Transportation Corporation Law, or used by undertakers in carrying on their business.
- TAXICAB DRIVER
- Any person who drives a taxicab, whether such person be the owner of such taxicab or employed by a taxicab owner or operator.
- TAXICAB OR MEDICAL TRANSPORT VEHICLE OWNER
- A. A person in whose name a taxicab or medical transport vehicle is lawfully registered under New York State Vehicle and Traffic Law; or
- B. A person who, by contract, lease, or other lawful agreement, has possession and control of a taxicab or vehicle for hire lawfully registered under New York State Vehicle and Traffic Law to another person.
- VEHICLE FOR HIRE
- Includes any motor vehicle used in the transporting of a passenger or passengers, for hire or for compensation of any kind, upon the public streets, roads and highways within the Village of Massena.
- VEHICLE FOR HIRE DRIVER'S LICENSE
- Includes permission granted by the Village of Massena to any person to drive upon the streets of such Village any licensed vehicle for hire.
- VEHICLE FOR HIRE REGISTRATION LICENSE
- Includes permission granted by the Village of Massena to any person to operate or keep for hire any vehicle for hire in such Village.
The operation or running of taxis, liveries, public cabs, carriages, hacks, automobiles or other vehicles for the transportation of persons for hire over and upon the streets of the Village of Massena, New York, or the use of such vehicles for soliciting fares within or upon the public streets or public places in the Village of Massena, the operation thereof for or on behalf of any hotel, lodging house or garage, either on private or public highways within said Village, and regardless of whether such operation extends beyond the boundaries of the Village of Massena, is hereby prohibited unless carried on pursuant to Village license as hereinafter provided.
It shall be unlawful for any operator, driver or owner of any vehicle required to be licensed hereunder to operate or drive such vehicle or any sort for transportation of persons for hire within the Village of Massena without obtaining a license therefor.
Each applicant for a vehicle for hire driver's license must comply with the following to the satisfaction of the Chief of Police:
Must first have obtained a New York State chauffeur's license.
Be of the age of 21 years or over.
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/her unfit for the safe operation of a vehicle for hire.
Be able to read and write the English language.
Be clean in dress and person and not addicted to the use of intoxicating liquors or drugs.
Fill out, upon a blank form to be provided by the Village Clerk, a statement giving his/her full name, residence, age, height, color of eyes and hair, whether a citizen of the United States, places of previous employment, whether (s)he has ever been arrested or convicted of a felony or misdemeanor, whether (s)he has been previously licensed as a driver or chauffeur, and if so, whether his/her license has ever been 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 Village Clerk as a permanent record. The Chief of Police is hereby authorized and empowered to require such additional information as he may deem necessary.
Presents to the Chief of Police a statement of any physical conditions or impairments or any regularly prescribed medication. For any such condition, impairment or medication, the applicant shall submit a physician's certification that such conditions, impairments or medication does not impair the applicant's ability to drive a vehicle for hire.
Has tendered with his or her application the license fee prescribed pursuant to § 270-8 of this chapter.
The drug screening test must be performed within five days of vehicle for hire application submission and preapproval by the Chief of Police. Drug testing is to be submitted to a laboratory certified to perform toxicology tests and certify the results thereof by the New York State Department of Health and which performs drug abuse testing, indicating the applicant does not use amphetamines, barbiturates, benzodiazepines, benzoylecgonine, ethanol, fentanyl, methadone, opiates, phencyclidine, propoxyphene, THC-cannabinoids, and tricyclic antidepressants, unless prescribed by a licensed health care provider who attests, in writing, that such drug, when consumed by the applicant, in no way impairs the applicant's ability to operate a motor vehicle. The owner/employer shall be responsible for all costs associated with the test required for application, renewal or as required by the Chief of Police. Results must be given to the Chief of Police within five days of completing the drug screening.
Present licenses. All licenses of vehicles for hire pursuant to the provisions of this chapter which are in operation at the time of the passage of this chapter shall be renewed annually as a matter of right upon compliance with the other provisions of this chapter.
Licenses of vehicles for hire for which the owner has no vehicle for hire in operation at the time of the enactment of this chapter shall be deemed abandoned for nonuse and shall not be renewed.
All licenses shall pertain not only to the vehicles for hire which are in operation at the time of the passage of this chapter, but shall also pertain to any replacement of such vehicle for hire, provided that such replacement complies with the provisions of this chapter and the regulation of the Police Department, and further provided that, prior to the granting of a license for any such replacement, the owner thereof shall file an application for such replacement on forms to be provided by the Village Clerk for such purpose.
Upon satisfactory compliance with the foregoing requirements, there shall be issued to the applicant a license stamped with the Seal of the Village of Massena, which shall be in such form as to contain the signature of the licensee, a copy of his/her most recent New York State driver's license photograph, and blank spaces upon which a record may be made of any arrests of or serious complaints against him/her. Such card shall be conspicuously posted in any vehicle for hire, while the licensed driver is operating the same so that such card is visible to any passenger in said vehicle.
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.
Vehicle for hire driver's licenses shall be issued as of May 1 in each and every year and shall be valid to and including the last day of April next succeeding, unless previously suspended or revoked.
No temporary permit shall be issued except when an extraordinary public emergency arises affecting transportation of the public upon the streets within the Village. Such temporary permits, when issued, shall be upon such terms and conditions as the Chief of Police shall provide, but such temporary permits shall in no event be granted for a longer period than 20 days and may be renewable for a similar period, from time to time as may be necessary, only upon the written recommendation of the Chief of Police made to the Board of Trustees and approved by it. The fee for such temporary permits shall be $1.
Such license or permit shall be carried by the licensee at all times when operating or in charge of any vehicle for hire.
The Village Clerk may renew a driver's license from year to year upon review and approval by the Chief of Police.
A driver will be disqualified to operate a vehicle for hire in the Village of Massena if (This list is not inclusive of all the determining factors to be considered by the Chief of Police for disqualifying an applicant.):
He or she has been convicted of, pleaded guilty to, or forfeited bond or collateral for any felony offense by New York State statute or for any offense committed in another state which would constitute a felony in the State of New York.
He or she has accumulated, within the past 24 months, eight or more points on his or her driver's license (points as determined by the Department of Motor Vehicles of the State of New York or the state in which the offense was committed).
He or she, within the past two years, had his or her license to operate a vehicle for hire in the Village of Massena revoked pursuant to the provisions outlined in this chapter.
The following license fee shall be paid for a driver's license or renewal thereof: $20.
A vehicle for hire driver's license or permit may at any time be suspended for a period not to exceed three months or revoked for cause after a hearing by the Chief of Police. Any such suspension shall be noted on the license, together with a statement of the reasons therefor, and the driver shall be deprived of his license by the official suspending or revoking such license. When the license or permit is suspended or revoked, a note of the revocation or suspension shall be forthwith sent to the Village Clerk, the license to be returned at the expiration of the period for which the license was suspended. A second suspension for the same reason or, in any case, a third suspension of a driver's license shall revoke the license. No driver whose license or permit has been revoked shall be again licensed as a vehicle for hire driver in the Village of Massena unless upon the presentation of reasons satisfactory to the Board of Trustees. The Police Department shall notify the Village Clerk whenever such a license or permit is suspended or revoked.
There shall be kept, in the office of the Village Clerk, a complete record of each license or permit 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.
It shall be unlawful for any person to operate or permit to be operated a vehicle for hire upon the streets of the Village of Massena without first having obtained therefor a vehicle for hire registration license under the provisions of this chapter from the Village Clerk. Such license shall be issued as of May 1 and shall expire on the last day of April next succeeding unless sooner suspended or revoked. Application for a vehicle for hire registration license shall be made by the owner upon blank forms furnished by the Village Clerk. Such application shall contain:
The name and age and residence of the person applying for the license and what, if any, previous experience (s)he has had in such business.
The name, age and residence of the person to be in immediate charge of any such vehicle for hire.
The type of motor car to be used, the horsepower, the factory number, the state license number, the number of years the vehicle has been driven, and the seating capacity according to its trade rating.
Whether previously licensed to operate a vehicle for hire and, if so, where.
Whether license to operate a vehicle for hire has even been revoked and, if so, for what cause.
Such other information as the Chief of Police may deem necessary.
Acceptable certificate of automobile insurance issued by a carrier and with such liability limits as are acceptable to the Village of Massena; New York State statutory workers' compensation, unemployment registration number and disability insurance for each driver employed by the applicant; and commercial automobile livery and taxi insurance in the amount mandated by New York State law. A valid copy of all documents must be forwarded to the Village Clerk and approved by the Village Attorney.
It shall be the duty of the owner and/or the registrant to immediately report to the Clerk any cancellation or revocation of insurance, or any change in the availability of the licensed vehicle to operate as a vehicle for hire, or any change in the company dispatching said vehicle.
A licensed vehicle owner may replace the licensed vehicle for hire with another vehicle if the vehicle for hire shall become disabled, disqualified for service, or the like, provided that the license holder makes prior application to the Clerk, and that said replacement vehicle complies with the requirements of this chapter, and makes payment of a fee in the amount as set forth from time to time by resolution of the Board of Trustees.
No vehicle shall be licensed until it has been thoroughly and carefully inspected and examined and found to be in a thoroughly safe condition for the transportation of passengers, clean, fit, and of good appearance.
Mechanical inspection. The Chief of Police or his designee shall refuse a license to or, if already issued, revoke or suspend a license of any vehicle found to be unfit or unsuited for public patronage. A vehicle shall not pass inspection unless it is in a thoroughly safe condition for the transportation of passengers and in good repair. Inspection of vehicles shall be annually. The inspection shall be performed by a mechanic at the Village Garage, the cost of which is to be borne by the applicant. The fee for such inspection shall be as set forth from time to time by resolution of the Board of Trustees. A mechanical inspection shall include, but not be limited to, a review of the following items:
Physical inspection. The Chief of Police or his designee shall maintain constant vigilance over all vehicles for hire to see that they are kept in a condition of continued fitness for public use, and to this end, (s)he shall inspect or cause to be inspected all vehicles for hire from time to time, as hereinbefore provided for, or on the complaint of any citizen as often as may be necessary. Reports, in writing, of all inspections shall be promptly filed in the office of the Village Clerk. A vehicle shall not pass a physical inspection unless it is free from excessive auto body and paint damage, clean, fit, uniform in color, or good appearance and in a thoroughly safe condition. A physical inspection shall include but not be limited to a review of the following items:
General condition of vehicles.
Every vehicle shall be well painted and in good appearance, interior and exterior.
Any vehicle damaged in any way must be reported to the Clerk within 24 hours of the accident, at which time a form will be provided to the owner of said vehicle which must remain in the vehicle until such time as repairs are made. The vehicle must be repaired no later than 30 days from the date of the accident. When repairs are made, the vehicle must be inspected to the satisfaction of the Chief of Police or his/her designee.
The baggage compartment of every vehicle shall be clean and capable of holding passengers' baggage.
Maximum age of the vehicle shall be no more than 12 years of the present year of manufacture.
Vehicles for hire shall be kept clean. Every vehicle for hire operated in the Village of Massena shall be kept in a sanitary condition and shall be swept and dusted at least once a day. The interior dash, glass and floor shall be cleaned thoroughly with suitable antiseptic solution.
Vehicles shall be kept in repair. Every vehicle for hire shall be kept in such condition of repair as may be reasonably necessary to provide for the safety of the public and for continuous and satisfactory operation.
All taxicabs and medical transport vehicles shall have printed lettering on both the left and right front doors at least three inches high in a color contrasting to that of the cab, setting forth the name of the company or person owning or dispatching said taxicab or medical transport vehicle.
All taxicabs shall be equipped with a roof light of a minimum size of 12 inches in length and three inches in height which shall contain the word "taxi" and/or the name of the applicable livery company.
If, upon inspection, a vehicle for hire is found to be of lawful construction and in proper condition, in accordance with the provisions of this chapter, and upon the approval of the application and the payment of the license fee hereinafter set forth, the same shall be licensed by delivering to the owner a card of such size and form as may be prescribed by the Village Clerk. The card shall contain the official license number of the vehicle for hire, and the name and address of the licensed owner thereof, together with the date of inspection of the vehicle and a statement to the effect that in case of any complaints, the Village Clerk shall be notified giving the license number of the vehicle. Such card shall be signed by the licensing official and shall contain blank spaces upon which an entry shall be made of the date of every inspection of the vehicle by the Village Mechanic or his representative. Such license card shall be conspicuously posted in the cab so that the same is visible to any passengers in said cab.
The following license fee shall be charged: $25 for each car licensed. No license fee shall be prorated for a period of less than six months.
Vehicle for hire registration licenses may be revoked or suspended at any time for cause after a hearing by the Chief of Police if the vehicles shall be used for immoral or illegal business or purpose, for a violation of any ordinance or state law governing the operation of motor vehicles, for a lapse in the insurance requirements set forth in § 270-11A(7) above, or for other good cause. When the license is suspended or revoked, the same shall be retained by the Village Clerk and shall be returned only after the expiration of the suspension period.
The Village Clerk shall keep a register or card index of the name of each person owning or operating a vehicle for hire licensed under this chapter, together with the license number and the description and make of such vehicle, with the date and complete record of inspection made of it. Such record shall be open to the inspection of the public at all reasonable times.
The number of taxicabs for which licenses may be issued under this chapter of the Village of Massena shall be limited to 10 in number.
Charges for taxicab transportation of passengers within the limits of the Village of Massena shall be at the following rates:
A maximum of $5.25 for one to five passengers, and a maximum of $4.50 for disabled and senior citizens for one to five passengers.
Waiting time may be charged after five minutes at the rate of $0.25 per minute.
No person shall be allowed to ride in a vehicle for hire with a person or persons who have previously engaged such vehicle for hire without the consent of such person or persons.
Every driver of a vehicle for hire, immediately after the termination of any hiring or employment, must carefully search such vehicle for any property lost or left therein, and any such property, unless sooner claimed or delivered to the owner, must be taken to the police station and deposited with the officer in charge within 24 hours after the finding thereof.
Every person to whom a license has been issued under the provisions of this chapter shall, upon discontinuing or abandoning the operation or driving of a vehicle for hire, return such license or permit to the Village Clerk unless such license or permit has been lost or for other reasons cannot be restored. Such license and permit shall not be assigned or transferred to any other person, or be applicable to any other motor vehicle than the one specified therein except as hereinafter set forth: assignable if approved by the Village Board of Trustees, provided that all herein licenses held by the owner are surrendered by the assignee and later meet the approval of this chapter. Transfer shall cost $1 per cab. Any licensee who unlawfully permits his license or permit to be used by any other person, and any person who unlawfully uses such license or permit granted or given to any other person, shall each be guilty of a violation of this chapter. Whenever a license or permit shall be lost, stolen or destroyed, without fault on the part of the holder, his agent or employee, a duplicate in lieu thereof under the original application may be issued by the Village Clerk upon the filing of a sworn statement containing the facts of such loss or theft.
Vehicle for hire registration licenses may be transferred and assigned to any person who does not hold any vehicle for hire registration license, provided application shall be made to the Board of Trustees and said Board consents to such transfer and assignment, and provided further that the assignor shall surrender to the assignee all of the vehicle for hire registration licenses issued to him. There shall be charged a transfer fee of $1 for each license so transferred.
Every holder of a vehicle for hire license shall always keep the inside of the cab operated by him/her in a clean and sanitary condition and shall at least once a day thoroughly clean the inside of such vehicle.
No vehicle for hire shall be used to convey any person affected with a contagious disease. Should it be found by the owner or driver that a vehicle for hire has been so used, (s)he shall immediately report to the health authorities, and such vehicle shall not again be used until it has been thoroughly cleaned and fumigated under the direction of the health authorities.
Every owner of a vehicle for hire shall provide windows in the tonneau of each vehicle sufficient in number and of such size and dimensions that always persons may be readily seen through such window with sufficient distinctness to identify such person.
No owner or driver of a vehicle for hire shall at any time so fasten or lock the doors on a vehicle that it is impossible for a passenger to open the same from the inside. Every owner shall provide means for unfastening doors on such vehicle so that such doors may be readily opened on the inside by a passenger.
The Board of Trustees shall designate the location of a cab stand or cab stands at its discretion in the Village of Massena.
Each cab stand shall be appropriately marked by signs erected under the supervision of the Chief of Police. It shall be unlawful to park any vehicle, other than a licensed taxicab, in any cab stand.
A licensed taxicab may be parked in any cab stand while such taxicab is in charge of its driver on duty awaiting a fare.
Any owner or driver of a vehicle for hire not licensed or equipped in accordance with the provisions of this chapter, or of a vehicle for hire license of which has been suspended or revoked, who engages in the business of a vehicle for hire as defined herein, or attempts to engage in such business, or solicits passengers for hire, or any person not having been duly licensed as a vehicle for hire driver, or any person whose license as such driver has been revoked, or any person whose license has been suspended, and who, during the term of suspension, drives for hire a vehicle for hire upon the streets shall, upon conviction, be liable to a penalty of not more than $250 for each offense or by imprisonment for not more than 15 days, or both.
Suspension and revocation of license. In addition to the fine and imprisonment, or both, authorized by this chapter, any licensee shall be subject to the suspension or revocation of his/her 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 provisions of this chapter, pending or in advance of the criminal prosecution of the licensee.