[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic
Beach 6-22-1981 by L.L. No. 4-1981. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
An identification of legality, issued by the Village of Atlantic
Beach, to be affixed to the licensed vehicle.
The registered owner, according to the New York State Department
of Motor Vehicles, and/or the lessee of the motor vehicle sought to be used
as a taxicab within the confines of the Incorporated Village of Atlantic Beach.
A license issued by the Village of Atlantic Beach to operate a taxicab
business, under the provisions of the taxicab ordinances.
Any natural person, corporation, partnership, form of business entity
and any other form of organization.
Any street, avenue, bridge, highway, public way or public place within
the confines of the Village of Atlantic Beach.
Any motor vehicle engaged in the business of transporting persons
for hire, except vehicles subject to the provisions of the Public Service
or Transportation Corporation Laws or vehicles under an express written contract
to provide transportation for weddings, funerals or similar functions.
It shall be unlawful for any person to engage in the business of transporting
people for hire by taxicab, from a point originating within the confines of
the Village of Atlantic Beach, without having first obtained a license to
conduct such business from the Village Clerk.
A.
To obtain an owner's license required by this section,
or any renewal thereof, a verified application shall be made to the Village
Clerk, upon a form to be furnished by the Village Clerk, which application
shall set forth the following information:
(1)
The name and address of the applicant and of all officers,
partners, directors and stockholders, if there are any, and that they number
10 or less of the applicant.
(2)
The make, model, year, seating capacity, vehicle identification
number and license plate number of each vehicle to be used in said taxicab
business.
(3)
The registered owner of each such vehicle.
(4)
The business address of the applicant.
Prior to the issuance of an owner's license pursuant to this chapter,
the Village Clerk shall forward a copy of the application to the Board of
Trustees. The Board of Trustees may meet with the applicant, and all other
persons affected by such application, and determine the need for the operation
of a taxi company within the village. If it shall determine that there is
no need or necessity for a taxi company within the village, the application
shall be denied by the Board of Trustees.
A.
No fares greater than the fares approved by the Village
Board of Trustees shall be charged by any person licensed under this chapter.
A schedule of the fares shall be posted in the office of the Village Clerk.
The Village Board of Trustees shall have the authority to adjust the fares
from time to time upon 10 days' written notice to the owners before the
fares become effective.
B.
Form. An owner's license shall state the name and
address of the licensee and a listing of all the taxicabs used in said business
by license plate numbers and the dates of the issuance and expiration of said
owner's license.
C.
Fee and term. The license fee for each owner's license
under this section, or renewal, shall be $50 per year, and no license fee
shall be prorated. The renewal of each additional medallion shall be $20 per
year, and no medallion fee shall be prorated. The term of the owner's
license and medallions shall be from June 1 to the following May 31.
D.
Posting of fares and business office. An owner's
license and schedule of fares shall be conspicuously posted, in full public
view, in the main office of the licensee. Each applicant for an owner's
license shall maintain an office which will remain open seven days a week,
24 hours a day.
E.
Renewal. Application for renewal of any owner's license shall be filed no later than May 1 of each year. The application shall be verified and shall set forth the information listed in § 215-3A(1) through (4) of this chapter. Forms for the renewal application shall be supplied by the Village Clerk, no later than April 15 of each year.
A.
It shall be unlawful for any person to operate, or permit
to be operated, a taxicab, from a point originating within the confines of
the Village of Atlantic Beach, without first having obtained therefore a taxicab
medallion from the Village Clerk, which medallion shall be paid for by the
licensee. All taxicabs medallioned by the Village of Atlantic Beach, shall
have "T-" or taxicab license plates, as issued by the New York Department
of Motor Vehicles.
B.
To obtain a taxicab medallion as required by this section,
or any renewal thereof, a verified application shall be made to the Village
Clerk, which application shall set forth the following information:
(1)
The name and resident address of the applicant and the
registered owner of the vehicle.
(2)
The business address from which the taxicab will be used
and the owner's license under which it will be used.
(3)
The make, model, year, seating capacity, vehicle identification
number and the license plate number.
(4)
A New York State Inspection pertaining to the vehicle.
(5)
Proof of liability and property damage insurance, the
amount of insurance, the insurance company and the policy number and expiration
date. The policy must also contain a clause stating that the Village of Atlantic
Beach is to be notified of any change in the policy, its terms or its status.
Said notice must be filed with the Village Clerk.
C.
When issuing a taxicab license, the Village Clerk shall
also deliver to the licensee a medallion bearing the taxicab license number
and the expiration date of the taxicab medallion. Each such medallion must
be securely affixed to the left front quarter panel near the driver's
door. The medallion is to remain there and shall be kept clearly visible at
all times.
A.
It shall be unlawful for any person to drive or operate
or, as an owner, to allow any person to drive or operate a taxicab, or other
motor vehicle engaged in the transportation of persons, for hire, from point
originating within the confines of the Village of Atlantic Beach, without
having first obtained a taxi driver's hack license to drive or operate
such a taxicab from the Village Clerk.
B.
Application. To obtain a driver's hack license required
by this section or any renewal thereof, a verified application shall be made
to the Village Clerk, upon a form furnished by the Village Clerk, which application
shall set forth the following information:
(1)
The name and resident address of the applicant.
(2)
Any other names ever used by the applicant.
(3)
The applicant's place of residence for the past
five years.
(4)
The applicant's age, date of birth, color, height,
weight, color of eyes, color of hair, place of birth and citizenship.
(5)
Whether or not the applicant has ever been convicted
of a crime and, if so, the details of such conviction. Any conviction for
a felony or any conviction for a violation of § 1192 or 1190 of
the Vehicle and Traffic Law or of any conviction under Articles 120, 125,
130, 135, 155 or 160 of the New York State Penal Law may act as a bar to the
granting of a taxicab driver's license.
(6)
The applicant's chauffeur's license classification
and license number.
(7)
The applicant's marital status.
(8)
Whether or not the applicant has been previously licensed
in such occupation, and, if so, the details of where, when and for what period.
If such license was ever suspended or revoked, the reason therefore and the
date thereof.
C.
Driver's photograph. All license applications shall
be accompanied by two unmounted, unretouched photographs of the applicant,
showing head and shoulders, taken within 30 days of the date of the application.
Said photographs shall be 2 inches by 2 inches in size.
D.
Form. The driver's license shall contain the name,
address, date of birth, signature and photograph of the licensee. It shall
state the dates of issuance and expiration of the license.
E.
F.
Posting. The driver's license shall be conspicuously
posted in or about the vehicle the driver is operating.
G.
Renewal. Application for renewal of a driver's license shall be filed no later than May 1 of each year. The application shall be verified on a form furnished by the Village Clerk and shall contain the information listed in Subsection B(1) through (8) of this chapter, and must be in the Village Clerk's office no later than April 15 of each year.
A.
The Village Clerk may issue a temporary license to an
applicant who is otherwise qualified, pending the investigation of the applicant's
application for a full taxicab driver's license. Such a temporary license
should only be issued when the applicant has demonstrated an immediate need
and after a full application has been filed.
B.
The holder of a temporary license shall be subject to
all the provisions of this chapter. In no event shall a temporary license
remain in effect for more than 45 days, and said temporary license may be
revoked by the Village Clerk, for cause shown, at any time.
A driver shall:
A.
Keep the interior and exterior of his taxicab clean at
all times.
B.
Transport all orderly persons upon request, unless already
under hire.
C.
Inform the Village Clerk, in writing, of any change in
address within 72 hours.
D.
Thoroughly search his taxicab for lost or misplaced items
after the end of each shift.
E.
Inform the Village Clerk, in writing, within 24 hours,
of the loss or theft of his or her driver's license.
F.
Not transport a greater number of persons than the rated
capacity of the taxicab, as listed on the license.
G.
Maintain a written record of all trips, showing the time
and place he leaves the taxicab, as well as the fare charge. The driver shall
deliver a copy of this record to the owner of the taxicab company or his appointed
representative.
H.
Not conduct himself or herself in any manner or way that
is either dangerous or offensive to the general public.
It shall be the duty of every owner or lessee of a taxicab subject to
the provisions of this chapter to:
A.
Not allow the taxicab to be used in business if not in
proper working condition.
B.
Equip and maintain each taxicab with the following:
(1)
Interior lights, under the control of the driver, which
shall fully illuminate the passenger area when a passenger is boarding or
alighting from the vehicle.
(2)
Vehicle identification, the exact name of the owner's
license under which the taxicab is being operated shall be conspicuously lettered
on each longitudinal side of the exterior of the vehicle in letters at least
four inches in height, unless otherwise authorized by the Village Clerk.
(3)
Not allow any unlicensed taxicab driver or other unauthorized
person to operate the taxicab.
(4)
Maintain the driver's fare record, which has been
delivered to him or her for a period of one month.
(5)
Report to the Village Clerk the loss or the theft of
the owner's license or taxicab medallion, in writing, within 24 hours.
A.
Each license issued pursuant to the provisions of this
chapter shall be stamped with the Seal of the Village of Atlantic Beach.
B.
In addition, the Village Clerk shall keep a record of
all licenses issued pursuant to this chapter. Such record shall list complaints,
suspensions and revocations recorded against each licensee and shall be open
to view by the public during regular business hours.
It shall be a violation of this chapter for any person to transfer or
assign or to accept transfer or assignment of any medallion issued under this
chapter from vehicle to vehicle.
Should any license or medallion issued pursuant to this chapter be lost
or stolen, through no fault of the licensee, the Village Clerk shall issue
a replacement license or medallion for the fee of as set by resolution of
the Board of Trustees from time to time.
All property which is lost or misplaced in the taxicab shall be kept
at the address listed on the owner's license under which the taxicab
is operated for a period of 30 days. After this period, if the property is
still not claimed, it shall be brought to the Nassau County Police Department
and a receipt obtained.
Nothing in this chapter shall prevent the Nassau County Police Department
from making routine inspections of said taxicabs.
A.
A license issued pursuant to the provisions of this chapter
may be suspended or revoked for cause after a hearing, notice of which stating
the charges alleged, shall be mailed to the licensee by registered mail, at
the address listed on the license application at least 15 days prior to the
hearing.
B.
Said hearing shall be held before the Village Board of
Trustees. At the close of the hearing, the Village Board of Trustees may suspend
or revoke the owner's license or one or more of his medallions, or dismiss
the charges alleged. The Village Board of Trustees shall state the facts upon
which the ruling is based.
C.
Failure to comply with the provisions of this chapter
shall be seen as sufficient cause for revocation or suspension of such license.
Nothing proposed by this chapter shall apply to persons or taxicabs
engaged in the business of transporting persons, for hire or pay, from a point
outside the Village of Atlantic Beach, to a point within the village nor a
point outside the village and passing through the Village of Atlantic Beach.
The provisions of this chapter shall take effect immediately, except
that those licenses which have been duly issued and are presently in full
force and effect within the village, shall remain so until the expiration
date printed upon them.
The following regulations shall be observed in the operation and driving
of every taxicab upon the public highways of the village:
A.
Each taxicab operated hereunder shall have one securely
affixed roof light with only the word "taxicab" or "taxi" or "cab" and, in
addition, the telephone number or name of the licensee may be printed thereon
in such manner as to be visible at all times.
B.
At the time a taxicab owner submits his application and
on succeeding renewal applications, a schedule of rates for that license period
shall be filed with the Village Clerk of the Village of Atlantic Beach.
C.
On both rear doors in letters not more than two inches
in height, the full name of the owner.
D.
No taxicab driver shall solicit passengers except while
parked or standing at a taxi stand and except when sitting in the driver's
compartment of such taxicab or while standing immediately adjacent thereto,
nor in a loud or annoying tone of voice nor by sign nor in any manner annoy,
obstruct the movement of or follow any person for the purpose of soliciting.
E.
All taxicab driver's shall have the right to cruise
in search of passengers.
F.
All taxicabs operating under this chapter shall be used
in a shared-ride capacity, unless specifically hired for a designated period
of time.
G.
No taxicab shall permit more persons to be carried in
this taxicab than the number for which he has seating facilities.
H.
No taxicab driver shall refuse or neglect to convey any
orderly person upon request, unless previously engaged to full capacity or
unless transportation of such person shall substantially delay or inconvenience
passengers who have already engaged his taxicab.
I.
If a taxicab is carrying two or more persons to different
destinations, the driver shall be the sole judge of the order in which such
persons shall be delivered to their destination, and the shortest possible
route shall be followed.
J.
No passenger in a taxicab shall be kept waiting longer
than five minutes before proceeding to his announced destination.
K.
Every taxicab driver shall obey all laws and ordinances,
rules and regulations, while operating such vehicle, and upon conviction of
any misdemeanor or felony, shall report the same within five working days
to the Village Clerk, advising him or her of the nature of the offense and
the name and location of the court and the date on which such conviction was
held.
L.
Every taxicab driver licensed as such pursuant to this
chapter shall within 48 hours notify the Village Clerk of any change of his
address or loss of either his taxicab driver's license or his chauffeur's
license.
M.
Any taxi company licensed in the Village of Atlantic
Beach should be enrolled with the Anti-Crime Patrol program sponsored by Citibank.
N.
Consecutive and uninterrupted service shall be maintained
by each licensed owner from at least one depot or terminal as follows:
Every person convicted of a violation of any provision of this chapter
shall be punished by and subject to a fine of not more than $500 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment for each
violation. In addition to the penalties aforesaid, any person who shall violate
any provision of this chapter, who at the time of such violation shall be
the holder of any license issued hereunder, shall be subject to suspension
or revocation of such license.
