[HISTORY: Adopted by the Town Board of the
Town of Rotterdam 7-17-1974 by L.L. No. 10-1974; amended in its entirety
11-20-1974 by L.L. No. 16-1974. Amendments noted where applicable.]
It is hereby declared and found that the taxicab
industry in the Town of Rotterdam is vested with a public interest
as a vital and integral part of the transportation facilities of the
Town and that its regulation is necessary to secure adequate and safe
transportation for the inhabitants of the Town and to prevent undue
aggravation of the traffic and parking problems of the Town.
Unless otherwise expressly provided, the following
words, for the purpose of this chapter, shall have the meaning herein
indicated:
Includes a single act of transporting a passenger or passengers
for hire.
The driving of a taxicab on the streets, highways, avenues
or public places of the Town of Rotterdam in search of soliciting
or plying of prospective passengers for hire.
Any person driving a taxicab or limousine upon the public
highways for hire.
Includes the running of taxicabs within the Town of Rotterdam
for hire, soliciting either on private property or on the public highway
or running therefor.
A person owning or controlling one or more taxicabs and driving
or causing any such vehicle to be driven upon the public highway for
hire.
Includes a person other than the driver who is an occupant
of a taxicab and, for the purpose of this chapter, such person or
persons shall be presumed to be a passenger for hire.
Includes an individual, a partnership, any unincorporated
association, a corporation and any outer legal entity.
A vehicle engaged in the business of carrying passengers
for hire, having a seating capacity of less than eight persons and
not operated on a fixed route.
A public place alongside the curb of a street or elsewhere
which has been so designated as reserved exclusively for the use of
all taxicabs licensed hereunder.
Includes a fixed base of operation of the owner of the taxicab.
The entire area of the Town of Rotterdam.
An area within the Town established by the Town Board for
the purpose of determining the rates to be charged for the hiring
of taxicabs and within which an operator may be licensed to establish
depots or terminals and pick up passengers.
The Town Board may, from time to time, after
public notice and a public hearing, establish rates, or increase or
decrease rates so established, either by zones, meters or by the hour
as in the case of taxicabs, and shall also establish rates for the
transportation of baggage.
A.
It shall be unlawful for any owner of any taxicab
to permit the same to be operated upon the public highways of the
Town of Rotterdam without having first obtained and having then in
force an owner's license therefor, as hereinafter provided.
B.
Every owner's license issued hereunder shall be issued
as of the first day of February or subsequent date of issue and shall
expire on the 31st day of January next succeeding such date, unless
sooner revoked by the Town Board.
C.
Every person who desires to operate a taxicab or taxicabs
owned or controlled by him, upon the public highways within the Town,
shall file with the Town Clerk a written application upon forms to
be furnished by the Town Clerk, verified under oath, stating:
(1)
The name and address of the applicant, specifying
in the case of any unincorporated association the names and addresses
of each member thereof, and in the case of any corporation the names
and addresses of each officer, director and stockholder thereof.
(2)
A complete statement by the applicant, specifying
the amounts of all unpaid judgments against the applicant and the
nature of the transaction or acts giving rise to said judgments and
the name and location of the court in which and the date on which
each was entered.
(3)
All misdemeanors or felonies of which the applicant,
and any member thereof if an unincorporated association, and any officer,
director and stockholder thereof if a corporation, has been convicted,
stating the name and location of the court in which and the date on
which such convictions were held and the penalties imposed therefor.
(4)
The experience of the applicant, and each member thereof
if an unincorporated association, and each officer, director and stockholder
thereof if a corporation, in the transportation of passengers.
(5)
Any facts which the applicant believes tend to prove
that the public convenience and necessity require the granting of
a license.
(6)
The number of vehicles to be operated by the applicant
and a description of each such vehicle, including the make, model,
passenger seating capacity, year of manufacture, New York State registration
number and a copy of the current New York State registration, the
motor vehicle identification number (VIN), the date of current New
York State inspection and, if it has ever been in any accident, the
date and nature of the accident and a description of the damage done
to such vehicle.
[Amended 10-28-2015 by L.L. No. 4-2015]
(7)
The age and citizenship of the applicant and each
member thereof, if an unincorporated association, and each officer,
director and stockholder thereof, if a corporation.
(8)
The location of any and all depots and terminals proposed
to be used by the applicant.
(9)
Any other relevant information which the Town Clerk
may require.
D.
Issuance.
(1)
If the Town Clerk shall find that further taxicab service in the Town, and particularly in the area in which the applicant proposes to operate, is required by public convenience and necessity and, from the statements contained in the application for a taxicab owner's license, that the applicant is qualified and able to perform such public transportation and to conform to the provisions of this chapter and the rules and regulations adopted under this chapter, then the Town Clerk, upon the certification of each taxicab proposed to be operated by the applicant pursuant to Subsection J hereof and the furnishing by the applicant of proof of insurance as hereinafter provided, shall issue a license stating the name and address of the applicant, the date of the issuance thereof, the number of vehicles the applicant is authorized to operate and the numbers of the licenses assigned to such vehicle; and at the same time, the Town Clerk shall issue for each vehicle licensed hereunder a license card bearing the words "Licensed Taxicab," an assigned number and the date of expiration of such license, otherwise such application shall be denied.
(2)
Before making any finding as to whether public convenience
and necessity justify the issuance of a taxicab owner's license or
the licensing of additional taxicabs, the Town Clerk shall cause to
be published in a newspaper of general circulation in the Town of
Rotterdam a notice stating that application has been made for the
licensing of a vehicle or vehicles as taxicabs, the number of vehicles
for which such application has been made and containing a statement
that written arguments as to whether public convergence and necessity
require the licensing of such vehicles must be filed with the Town
Clerk on or before the date fixed therein, which date must be not
less than eight days after the date of such publication. Any arguments
so filed must be considered by the Town Clerk in making his findings
as to public convenience and necessity.
E.
In making the findings, required by Subsection D(1) hereof, the Town Clerk shall take into consideration the number of taxicabs already in operation in the Town, particularly in the area in which the applicant proposes to locate his depots and terminals, whether existing transportation is adequate to meet the public need, the probable effect of additional taxicabs on local traffic conditions and the character, experience and responsibility of the applicant and the adequacy of the service which the applicant proposes to give.
F.
The Town Clerk may, in his discretion, before the
issuance of a license under this section, require the applicant and
any others having knowledge of the facts to submit to an examination
under oath and to produce evidence relating thereto, or hold a hearing
upon such application as hereinafter provided.
G.
Every owner licensed under this section who shall
desire to add to the number of taxicabs he is then operating shall
file with the Town Clerk a written application under oath stating:
(1)
The name and address of the applicant.
(2)
The applicant's owner's license number.
(3)
Any facts which the applicant believes tend to prove
that the public convenience and necessity require such addition.
(4)
A description of each such additional taxicab including
the make, model, passenger seating capacity, year of manufacture,
state registration number and motor number.
(5)
If the Town Clerk shall find that the addition of
such taxicab or taxicabs is required by the public convenience and
necessity, then he shall issue a supplementary owner's license stating
the name and address of the applicant, the numbers of the licenses
assigned to such vehicles and the date of issuance thereof; otherwise
such application shall be denied.
I.
Any license issued under this section may be renewed annually for additional periods of one year each from the date of expiration upon the filing of an application containing all the information required by Subsection C hereof, except the facts with respect to public convenience and necessity which are required by Subsection C(5) thereof, and upon the approval of the Town Clerk pursuant to Subsections D and E except as to the finding of public convenience and necessity.[1]
[1]
Editor’s Note: Former Subsection J, which required inspection of any vehicle used as a taxicab before issuance or renewal of a license, was repealed 10-28-2015 by L.L. No. 4-2015. Said local law also redesignated former Subsections K through N as Subsections J through M, respectively. For current provisions on inspection of taxicab vehicles, see Subsection C(6).
J.
Each applicant shall, before the issuance to him of
a license under this section, file with the Town Clerk a certificate
of insurance that he is insured against public liability in the minimum
limits set forth by the Vehicle and Traffic Law of the State of New
York, which insurance shall be maintained in force during the period
covered by the license. Such certificate shall provide that notice
of cancellation shall be given to the Town Clerk.
K.
The owner's license issued hereunder shall not be
transferable. However, the Town Clerk, in his discretion, may dispense
with the advertising and other conditions required prior to the issuance
of an owner's license or owner's supplementary license when one owner
already licensed by the Town of Rotterdam sells a taxicab or taxicabs
to another owner who has an owner's license issued by the Town of
Rotterdam. All licenses shall be returned to the Town Clerk prior
to the sale and new licenses shall be issued.
L.
Licenses issued hereunder shall not be transferable.
M.
The owner of more than one taxicab licensed by the
Town of Rotterdam shall have a permanent operating location or terminal
within the Town of Rotterdam for such taxicabs when such taxicabs
are not actually in operation. Such location or terminal shall be
registered by the owner of the taxicabs with the Town Clerk and the
owner shall notify the Town Clerk of any change in the location or
terminal of the taxicabs. Such location or terminal shall be of sufficient
size to accommodate all taxicabs assigned to such location or terminal.
A.
License required.
(1)
No person shall operate any taxicab upon the public
highways of the Town without having first obtained and having then
in force a New York State chauffeur's license and driver's license,
issued as hereinafter provided.
(2)
No person shall operate a taxicab on the public highways
of the Town of Rotterdam unless such taxicab shall be duly licensed
as herein provided.
B.
Every driver's license issued under this section shall
be issued as of the date of the granting thereof and shall expire
on the 31st day of January next succeeding unless sooner revoked by
the Town Board.
C.
Every person desiring to drive a taxicab for hire
upon the streets of the Town shall file an application for a license
so to drive, with the Town Clerk, which application shall be in writing
upon forms to be furnished by the Town Clerk and verified under oath
and shall state:
(1)
The name, address and age of the applicant.
(2)
A full description of the applicant, including his
height, weight, color of eyes and hair, any scars or marks and the
nature of any physical infirmity from which he may suffer.
(3)
Recommendation by three residents of Albany, Rensselaer,
Saratoga or Schenectady Counties, not related to the applicant, who
have known the applicant for a period of one year or more and who
will vouch for the applicant's sobriety, honesty and general good
character.
(4)
Whether or not he is a citizen of the United States.
(5)
The names and addresses of the applicant's employers
during the last 10 years prior to his application.
(6)
All violations of any traffic law, ordinance or regulation
for which the applicant has been arrested or convicted within 18 months
prior to the date of the application and all crimes of which the applicant
has ever been arrested or convicted, stating the date and place of
each such arrest and the name and location of the court in which and
the date on which each such conviction was had and the penalty imposed
therefor.
(7)
The number and date of issuance of the applicant's
New York chauffeur's license.
(8)
Whether or not an operator's or chauffeur's license
held by the applicant has ever been revoked or suspended by the State
of New York, or any other state, and if so, by what court or other
authority, on what date, for what cause, and if suspended, the period
of such suspension.
(9)
Any other relevant information which the Town Clerk
may require.
D.
Every applicant for a driver's license shall, at the
time of submitting his application, also:
(1)
Submit three individual photographs of himself taken
within 30 days prior to the date of the application, 1 1/2 inches
by 1 1/2 inches in size, and such pictures must be a true likeness
of the applicant and must show only neck, shoulders and uncovered
head.
(2)
Submit a certificate from a physician, duly licensed
to practice in the State of New York, certifying that, in his opinion,
the applicant is not afflicted with any physical or mental disease
or infirmity which might make him an unsafe or unsatisfactory driver.
(3)
Exhibit his current New York State chauffeur's license
for inspection.
(4)
Be fingerprinted under the direction and supervision
of the Town Clerk.
E.
Upon the receipt of any application, the Town Clerk
shall refer the same to the Town of Rotterdam Police Department for
such investigation as it shall deem necessary or desirable and report
thereon.
F.
Upon the receipt of the report provided for in this
section the Town Clerk shall issue a taxicab driver's license to the
applicant if he shall find that the applicant holds a New York State
chauffeur's license and is a fit and proper person to drive such vehicle
considering his age, experience, police and accident records, character
and driving ability; otherwise such application shall be denied.
G.
At the time of issuance of such license, the Town
Clerk shall also furnish to the applicant a numbered badge containing
a photograph of the applicant, which must be conspicuously placed
on the outer clothing in the hollow of the left shoulder of each licensed
driver. Such badges shall be returned to the Town Clerk upon suspension
or revocation of the taxicab or limousine driver's license.
H.
The driver's license issued hereunder shall not be
transferable.
I.
The Town Clerk may issue a driver's license without
the application required under this section to any person who shall
submit a certified copy of a driver's license issued by any other
municipality within the Counties of Albany, Rensselaer, Saratoga or
Schenectady whose licensing requirements are substantially the equivalent
to those established by this chapter; provided, however, that such
municipalities extend similar reciprocity to licensees of the Town
of Rotterdam expressed in writing to the Town Clerk.
Any applicant who shall have been denied a license
under this chapter may apply to the Town Board for a review of the
action of the Town Clerk as hereinafter provided:
A.
Such application to the Town Board shall be in writing,
signed and acknowledged by the applicant and shall state the ground
or grounds on which the applicant claims that the determination of
the Town Clerk was erroneous.
B.
Such application shall be filed with the Town Clerk
by the applicant within 20 days after notice of denials of his application
by the Town Clerk has been mailed to him or delivered to him in person.
C.
Upon the filing of such application, the Town Board shall hold a hearing thereon pursuant to the provisions of § 257-7 hereof.
D.
At such hearing the Town Board shall consider the
applicant's application upon the record before the Town Clerk in connection
with the Town Clerk's consideration thereof and in its discretion
may receive new or additional evidence in support thereof or in opposition
thereto.
E.
The Town Board, after such hearing, may affirm the
action of the Town Clerk or direct the Town Clerk to issue a proper
license, pursuant to the Town Law.
Whenever it shall be provided herein that a
hearing shall or may be held by the Town Board with respect to any
matter:
A.
Such hearing shall be held on a date and at a place
and hour designated by the Town Board.
B.
The Town Clerk shall give notice thereof, stating
the name and address of the applicant or license holder concerned,
the subject matter of the hearing, and the date, place and hour thereof
designated therefor by mailing a copy thereof to the applicant or
license holder concerned at the address shown upon the most recent
application of such applicant or licensee, at least 10 days before
such hearing.
C.
In the case of a public hearing, the notice required in Subsection B of this section shall also be published at least once a week for two successive weeks in a newspaper of general circulation in the Town of Rotterdam, the first publication to be at least 10 days before the date fixed for such public hearing.
D.
The applicant or license holder involved shall be
entitled to be represented by legal counsel and to present such competent
and material testimony or other evidence in his own behalf as may
be relevant to the subject matter of the hearing.
E.
All witnesses shall be sworn and examined under oath.
A.
The fees for filing applications hereunder, which shall be paid to the Town Clerk at the time the application is filed, shall be as set forth in Ch. 126, Fees.
[Amended 1-25-1989 by L.L. No. 1-1989]
B.
Every license issued hereunder shall be signed at
the direction and in the name of the Town Clerk and sealed with the
Seal of the Town of Rotterdam.
C.
The Town Clerk shall keep a record of the name and
address of each person to whom a taxicab owner's license has been
issued under this chapter showing the date and number of such license
and all renewals, suspensions and revocation thereof, and a record
of each taxicab licensed hereunder, stating the make, model, passenger
seating capacity, year of manufacture, New York State registration
number and the name and address of the person owning said taxicab,
and a record of each driver's license issued hereunder showing the
name and address of such driver, his New York chauffeur's license
number, his driver's license issued hereunder and the date of issuance
of such driver's license.
[Amended 3-12-1986 by L.L. No. 4-1986]
A violator of this chapter shall be guilty of
a violation and, upon conviction thereof, shall be punishable by a
fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or both.
