Unless otherwise expressly stated, whenever used in this chapter,
the following words shall have the meanings given to them by this
section:
APPLICANT
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.
OPERATOR
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.
PASSENGER
A member of the public who engages the use of a vehicle for
hire.
PERSON
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.
STREET
Includes any street, alley, avenue, court, bridge, lane or
public place in the Village of Massena.
TAXICAB
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
Either:
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.
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:
A. Must first have obtained a New York State chauffeur's license.
B. Be of the age of 21 years or over.
C. 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.
D. Be able to read and write the English language.
E. Be clean in dress and person and not addicted to the use of intoxicating
liquors or drugs.
F. 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.
G. 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.
H. Is not disqualified pursuant to the provisions of §
270-7 of this chapter.
I. Has tendered with his or her application the license fee prescribed pursuant to §
270-8 of this chapter.
J. 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.
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.
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.
A. 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:
(4) Shock absorbers and springs.
B. 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:
(10)
Spare tire, jack, lugs and lug wrench.
C. General condition of vehicles.
(1) Every vehicle shall be well painted and in good appearance, interior
and exterior.
(2) 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.
(3) The baggage compartment of every vehicle shall be clean and capable
of holding passengers' baggage.
(4) Maximum age of the vehicle shall be no more than 12 years of the
present year of manufacture.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
Charges for taxicab transportation of passengers within the
limits of the Village of Massena shall be at the following rates:
A. A maximum of $7 for one to five passengers, and a maximum of $6 for
disabled and senior citizens for one to five passengers.
[Amended 5-17-2022 by L.L. No. 4-2022]
B. Waiting time may be charged after five minutes at the rate of $0.25
per minute.
C. 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.