[HISTORY: Adopted by the Board of Trustees
of the Village of Hempstead 4-21-1981 by L.L. No. 20-1981. Amendments noted
where applicable.]
GENERAL REFERENCES
Licensing provisions and fees — See Ch. 86.
Unless otherwise expressly stated, whenever
used in this chapter, the following words shall have the following
meanings:
A single act of transporting a passenger or passengers for
hire.
[Added 4-15-2008 by L.L. No. 8-2008[1]]
Any person actually engaged in the driving of a for-hire
vehicle.
[Amended 4-15-2008 by L.L. No. 8-2008]
A taxicab, limousine or private livery vehicle carrying passengers
for hire.
[Added 4-15-2008 by L.L. No. 8-2008]
A taxicab, private livery vehicle and/or limousine that picks
up a passenger or passengers from a predetermined location in the
Village of Hempstead and subsequently transports that same passenger
or passengers in the Village of Hempstead.
[Added 4-15-2008 by L.L. No. 8-2008]
Any person, firm, partnership, association or corporation,
whether owner or lessee, engaged in the business of operation of one
or more for-hire vehicles. Service shall be deemed proper service
on the vehicle owner if sent to the registrant or the lessee of the
vehicle.
[Amended 4-15-2008 by L.L. No. 8-2008]
A person who has engaged a for-hire vehicle for the purpose
of being transported to a destination or a person who is awaiting
the arrival of a dispatched for-hire vehicle.
[Amended 4-15-2008 by L.L. No. 8-2008]
Any for-hire vehicle, other than a private livery vehicle
and/or limousine, having a seating capacity of not more than eight
persons, including the driver, carrying passengers for hire.
[Amended 4-15-2008 by L.L. No. 8-2008]
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.
A fixed base of operation for the owner of a taxicab.
[Amended 4-15-2008 by L.L. No. 8-2008]
A document known as a trip sheet carried by a driver and
setting forth the time and place each passenger or passengers engaged
the for-hire vehicle and the time and location when the passenger
reached his/her destination.
[Added 4-15-2008 by L.L. No. 8-2008]
[1]
Editor's Note: This local law also amended
the chapter title, which formerly appeared as "Taxi Service."
[Amended 4-15-2008 by L.L. No. 8-2008]
No taxicab shall be operated wholly within the
jurisdiction of the Village of Hempstead ("the Village") and/or be
utilized at any taxi stand within the Village unless the owner and/or
the driver thereof shall have first obtained and have then in force
licenses as herein required and have complied with the provisions
and regulations contained in this chapter. Such license shall be issued
any time during the year and shall expire on the 31st day of January
next succeeding, unless sooner suspended or revoked by the Board of
Trustees.
A.
Issuance. Licenses for the operation of taxicabs shall
be issued by the Board of Trustees of the Village upon the filing
of an application therefor upon forms to be furnished by the Village
Clerk.
B.
Application; contents. Such application shall be submitted
under oath and shall contain the trade name, if any, under which said
business will be operated; the full name, age, citizenship and address
of the owner, and, if a firm, association or corporation, the names,
ages, citizenship of each applicant and addresses of the members or
officers thereof; and shall designate the agent, if any, to be in
charge of the business of the owner in the Village. Such application
shall further contain the number, make and description of each vehicle
to be licensed; the factory or serial number and State of New York
registration number of each vehicle; and such other information as
may be required by the Village Clerk. Said application will also provide
the address of a designated location at which the for-hire vehicles
will be parked and/or stored when not being used for hire and will
further state that the owner acknowledges that the public parking
lots cannot be used for this purpose. Said application shall further
state the peculiar or distinguishing color scheme or design, including
monograms or other distinguishing features, intended to be used on
such vehicles.
[Amended 4-15-2008 by L.L. No. 8-2008; 6-15-2010 by L.L. No.
12-2010]
C.
Each applicant for an owner's license, and if an unincorporated association, any member thereof, and any officer, director or stockholder, if a corporation, any partner, if a partnership, shall, at the time of submitting his/her application, also submit photographs as required pursuant to § 86-3H of this Code. Each applicant shall submit to fingerprinting by the Nassau County Police Department, on forms to be provided by the Village Clerk, and shall pay, by bank check or money order drawn to the order of the New York State Division of Criminal Justice Services, any fee for such service. The photographs and fingerprinting may be specifically waived by the Village Clerk upon showing facts which in his/her discretion warrant the waiving of these requirements.
[Amended 4-15-2008 by L.L. No. 8-2008]
D.
Number limited. The Board of Trustees shall limit
the number of taxicab owners' licenses in effect at any time to 100.
[Amended 6-18-1985 by L.L. No. 3-1985]
(1)
Any owner's license issued by the Village subsequent
to the date of the enactment of this subsection shall not be transferable
by the individual to whom the Village issues such owner's license
to a third party or entity for a period of three years from the date
of issuance. The foregoing, however, shall not restrict the individual
to whom the owner's license is issued from returning said owner's
license to the Village within the three-year period.
(2)
Any owner's license issued by the Village subsequent
to the date of the enactment of this subsection shall be issued only
one to an applicant.
(3)
Priority for issuance of owners' licenses pursuant
to this subsection shall be determined based upon those applicants
whose request shall have been on file in the Village Clerk's office
for the longest period of time.
E.
No owner and/or operator shall operate a for-hire-vehicle
wholly within the Village unless the driver of said vehicle has:
[Added 6-18-1985 by L.L. No. 3-1985;
amended 2-5-2002 by L.L. No. 1-2002; 4-15-2008 by L.L. No. 8-2008]
(1)
A valid New York driver's license or a valid license
from the state in which the autocab service is located and his/her
privilege to drive in New York is not revoked or under suspension.
(2)
A valid Village of Hempstead operator's license or,
where the operator merely discharged a passenger(s) within the Village
of Hempstead and did not pick up or attempt to pick up a passenger(s),
a valid license from the municipality in which the taxi service is
located.
A.
Certificate to be furnished. Before a license shall
be issued for any taxicab, the applicant therefor shall furnish a
certificate to the Village Clerk, signed by the Chief of Police, certifying
that said vehicle has been inspected and examined and found to be
in a safe condition for the transporting of passengers and is clean,
fit and of good appearance.
B.
Inspections. All taxicabs licensed hereunder shall
be inspected at least once in every 12 months by a New York State-licensed
motor vehicle inspection station, and a certificate of such inspection,
showing compliance with all state safety inspection rules, must be
filed with the Chief of Police. Such certificate must be properly
signed and stamped in accordance with the requirements of the Motor
Vehicle Safety Inspection Law of the State of New York. Unless such
certificate is furnished as herein required, the license for such
taxicab shall stand suspended until such time as such taxicab is placed
in proper condition and such certificate thereof is filed with the
Chief of Police.
C.
Any New York State-licensed motor vehicle inspection
station which is affiliated with or owned by a taxicab company or
is affiliated with any owner of any taxicab company shall be prohibited
from making taxicab or limousine inspections pursuant to this section.
D.
The Chief of Police is hereby authorized and empowered
to establish reasonable rules and regulations for the inspection of
taxicabs and for the enforcement of the provisions of this chapter,
and to cause inspections of licensed taxicabs to be made from time
to time to see that they are kept in a condition of continued fitness
for public use. He shall keep written reports of all inspections made.
E.
Vehicle identification.
(1)
When an applicant seeks to license more than one taxicab
or a number of separate owners conduct their taxicab business in affiliation
with each other, each vehicle of such individual owner or affiliated
owners shall be painted, in color and design, identically with each
other.
(2)
The taxicabs of one owner or those owned by affiliated
owners as described above shall be numbered consecutively with each
other, beginning with the number one. Numbers shall be at least four
inches in height and at least 1/2 inch in width (block letters) and
shall be affixed conspicuously to the right front and left rear portions
of the body of each taxicab. The company or corporate name must be
affixed to both front doors and the letters must be easily discernible.
Each applicant shall, before the issuance to
him of a license under this chapter, file with the Village Clerk a
memorandum of insurance that the applicant and each motor vehicle
licensed is insured against public liability in the minimum limits
required by the laws of the State of New York for personal injury
and property damage, which insurance shall be maintained in force
during the period covered by the license. Such insurance policy or
certificate shall provide that the Village will be given 10 days'
prior notice of cancellation.
Such policy of insurance required in § 121-5 shall not be cancelled or suspended either by the insured or the insurer unless at least 10 days' notice in writing of the intention to cancel or suspend such policy has been filed with the Village Clerk, and upon such suspension or cancellation of insurance, the license of said owner shall stand suspended until such time as an acceptable policy or certificate of insurance shall be on file with the Village Clerk.
A.
Inspection. If upon inspection a taxicab is found and certified by the Chief of Police to be in proper condition and in accordance with the provisions of this chapter and the rules and regulations established hereunder, then, upon payment to the Village Clerk of the license fee described in Subsection D following, the said taxicab shall be licensed in the manner prescribed by this chapter.
B.
Medallion. For each vehicle licensed pursuant to this
chapter, the Village Clerk shall issue a medallion which shall bear
the word "taxicab," the number of the medallion and the calendar year
for which such medallion is issued, in figures plainly discernible.
Said medallion shall be attached to the upper left corner of the driver's
door so that it may not be removed and shall be kept clean and legible
at all times.
[Amended 12-16-1986 by L.L. No. 10-1986]
Every owner, before the sale, lease or other
disposition of a licensed taxicab, shall notify the Police Department
30 days prior to such sale or disposition. The purchaser, lessee or
transferee of any taxicab shall not operate the same in the Village
until he has obtained the appropriate license as required pursuant
to this chapter.
[Amended 4-15-2008 by L.L. No. 8-2008]
The Village Clerk and Police Department shall
keep a record of every taxicab owner's license issued under this chapter,
showing the date and number of such licenses and all renewals, suspensions
and revocations thereof, and a record of each taxicab license, stating
the make, model, passenger seating capacity, name of manufacturer,
New York State registration number, motor number and the name and
address of the person or persons owning said taxicab. Such registration
shall also show each driver's license issued hereunder, showing the
name and address of such driver, his/her New York State chauffeur's
license number, the number of his/her taxicab license issued hereunder
and the date of issue and of renewal of such driver's license.
Every person desiring to obtain a taxicab driver's
license shall comply with the following:
A.
Contents of application. The applicant shall make
application for license on forms furnished by the Village Clerk, which
application shall state the full name and residence of the applicant;
applicant's place of residence during the five years previous to applicant's
present address; applicant's age, height, weight, color of eyes, color
of hair, place of birth and whether a citizen of the United States
either by birth or naturalization; places of previous employment;
whether applicant is married or single; whether applicant has been
convicted of a felony, misdemeanor or offense; whether applicant has
previously been licensed as a driver or chauffeur and, if so, when,
where and whether applicant's license has ever been revoked or suspended
and for what cause; and the number of applicant's state driver's license.
B.
State license. The applicant shall exhibit his/her
current New York State chauffeur's license for inspection.
[Amended 4-15-2008 by L.L. No. 8-2008]
C.
Character reference. The applicant shall file testimonials
of at least two reputable persons as to good character and reliability
with his/her application.
[Amended 4-15-2008 by L.L. No. 8-2008]
D.
Photographs. The applicant shall file with the application two photographs as required pursuant to § 86-3H of this Code. One of the photographs shall be attached to his/her license and the other shall be filed with his/her application. Such photograph shall be attached to the license in such a manner that it cannot be removed and another photograph substituted without the probability of detection.
[Amended 4-15-2008 by L.L. No. 8-2008]
E.
Fingerprinting and examination. The applicant shall
submit to fingerprinting by the Nassau County Police Department, on
forms to be provided by the Village Clerk, and shall pay, by bank
check or money order drawn to the order of the New York State Division
of Criminal Justice Services, any fee for such service.
[Amended 5-16-1989 by L.L. No. 3-1989; 2-2-1993 by L.L. No. 1-1993; 5-4-1993 by L.L. No. 5-1993]
The Chief of Police or Commanding Officer (a
police officer) of the Village Licensing Bureau shall cause an inquiry
to be made to the New York State Division of Criminal Justice Services
as to the applicant's past criminal history. In the event that an
applicant has been convicted of one or more violent felonies at any
time previously or convicted within the last five years of more than
one nonviolent felony, or one nonviolent felony and one or more misdemeanors,
or two or more misdemeanors, the Chief of Police shall certify the
applicant as being unfit for a taxicab driver's license. If the Chief
of Police shall certify the applicant as fit to receive a taxicab
driver's license, a license shall be issued upon payment to the Village
Clerk of the license fee hereinbefore set forth.
[Amended 3-20-2002 by L.L. No. 2-2002]
A.
Every taxicab driver licensed pursuant to this chapter
shall, within 48 hours, notify the License Bureau of any change of
address or loss of his/her taxicab driver's license.
[Amended 4-15-2008 by L.L. No. 8-2008]
B.
Whenever a license shall be lost or destroyed without
fault on the part of the holder, a duplicate license in lieu thereof
under the original application and bond may be issued by the License
Bureau in its discretion for a fee of $50.
It shall be unlawful for any owner or driver
to refuse the surrender of a license and medallion to the Police Department
upon demand after such license has been suspended, revoked or expired.
[Amended 3-20-2002 by L.L. No. 3-2002]
A.
Procedure. The License Bureau, upon receipt of the
annual fee, may renew a taxicab driver's license from year to year
by appropriate endorsement thereon, provided that the Chief of Police
shall certify as to the driver's skill, fitness and ability and as
to whether the applicant is a person of good moral character. Application
for renewal of license shall be made by the driver upon a form to
be furnished by the License Bureau, which shall be filled out with
the applicant's full name, address, original license number and date
upon which the original license was granted.
B.
Penalties for failure to timely renew. A driver will
be penalized $60 for his/her failure to timely file an application
for renewal of the license.
The Chief of Police shall keep a register of
the name of each person owning or driving a taxicab licensed under
this chapter, together with the license number, the New York State
registration number and the description, make and motor number of
such vehicle; a complete record of each license issued to a driver
or owner; and a record of all renewals, suspensions and revocations
of license.
Every person licensed as a taxicab owner under
this chapter shall maintain continuous service seven days each week,
24 hours each day from at least one terminal, except that individual
owner-drivers shall maintain continuous service at least eight hours
per day and at least five days each week.
[Amended 4-15-2008 by L.L. No. 8-2008]
There shall be posted conspicuously on the back
of the front seat behind the driver of any and all for-hire vehicles,
the license, the driver's license and a photograph of the driver.
In addition to the aforementioned requirements, taxicabs must also
include a schedule of the maximum fares.
[Amended 8-5-2008 by L.L. No. 9-2008]
A.
Use required. No taxicab shall stand on any public
street or public place other than at or upon a public taxicab stand
designed and established by the Board of Trustees, nor shall any driver
solicit employment by driving through the public streets or by oral
solicitation of any kind either on the public streets or upon private
property.
B.
Sitting in taxicab. No person other than the driver
or a passenger shall be allowed to sit in the taxicab while waiting
at a public taxicab stand.
C.
No taxicab shall stand on any public street and/or
public place, within the Village of Hempstead, other than at or upon
a public taxicab stand as designated by the Hempstead Police Department,
except for the purpose of expedient passenger pickup and/or discharge.
[Amended 4-15-2008 by L.L. No. 8-2008]
A taxicab driver shall have the right to stop
and take his/her position at any public taxicab stand where there
is a vacancy. Closed taxicab stands are prohibited. A taxicab driver
desiring to enter a taxicab line shall do so by taking his position
at the rear thereof.
[Amended 4-15-2008 by L.L. No. 8-2008]
No taxicab driver is to leave his/her taxicab
unattended at a public taxicab stand. If a taxicab driver is forced
to leave his/her taxicab for any reason whatsoever, he shall remove
or cause to be removed his/her taxicab from the public taxicab stand,
and any other licensed taxicab may then move into the space thus vacated.
[Amended 4-15-2008 by L.L. No. 8-2008]
No taxicab driver shall be more than six feet
away from his/her taxicab while at a public taxicab stand.
Overcrowding or skipping over any other taxicab
already in line at a public taxicab stand shall not be permitted.
No taxicab driver shall sit in the passenger
compartment of a public taxicab or permit anyone who is not a passenger
to do so while at a public taxicab stand.
A taxicab driver, after completing a trip, shall
inspect the passenger compartment to ascertain whether any property
or personal effects have been left in the taxicab. Any and all articles
found in said taxicab shall be taken to Village police headquarters
within a reasonable time.
[Amended 4-15-2008 by L.L. No. 8-2008]
No taxicab driver shall leave the doors of his/her
taxicab open while such taxicab is at a public taxicab stand, except
for the purpose of receiving or discharging passengers.
[Amended 7-6-1982 by L.L. No. 3-1982; 6-2-1987 by L.L. No. 2-1987; 11-20-1990 by L.L. No. 15-1990]
A.
Passengers. No fares shall be charged for transportation
greater than the following prescribed and fixed rates:
(1)
Five dollars for a person riding to a destination
within the Village.
[Amended 2-20-1996 by L.L. No. 1-1996; 9-28-2005 by L.L. No.
2-2005]
(2)
Three dollars for each additional passenger riding
to the same destination within the Village.
[Amended 12-20-2005 by L.L. No. 6-2005]
(3)
Any person over the age of 62 years or any disabled
person shall pay the sum of $3 per person riding to a destination
within the Village.
[Amended 12-20-2005 by L.L. No. 6-2005]
B.
Children. No additional charge shall be made for children
under the age of four years when accompanied by an adult passenger.
The additional charge for children between the ages of four years
and 12 years, inclusive, shall be $1 when accompanied by an adult.
[Amended 12-20-2005 by L.L. No. 6-2005]
C.
Baggage. There shall be an additional charge of $1
per passenger for said passenger carrying two or more packages.
[Amended 12-20-2005 by L.L. No. 6-2005]
D.
Bulky items. There shall be an additional charge of
$1 for the carrying of each bulky item, such as baby carriages, suitcases,
strollers or wagons, with the exception of wheelchairs, Seeing Eye
dogs and other necessary aids to the handicapped.
[Amended 12-20-2005 by L.L. No. 6-2005]
E.
Waiting time. There shall be an additional charge
of $22 per hour, prorated, for waiting time, which charge shall be
in addition to the regular fare for the trip.
[Amended 12-20-2005 by L.L. No. 6-2005]
F.
Rental of taxicab. It shall be permissible to charge
the sum of $22 per hour for the private, exclusive rental of a taxicab.
[Amended 12-20-2005 by L.L. No. 6-2005]
It shall be unlawful for any taxicab driver
to charge or attempt to charge any passenger a greater rate of fare
than as provided in this chapter.
[Amended 4-15-2008 by L.L. No. 8-2008]
All drivers shall keep a written trip record
of all trips, showing the time and place each passenger engaged the
for-hire vehicle and the time and place the passenger terminated the
said for-hire vehicle, on a form approved by the licensing jurisdiction.
Such records shall be retained by the owner of such for-hire vehicle
for at least one year.
It shall be unlawful to keep a passenger waiting
longer than three minutes before proceeding to the passenger's announced
destination.
[Amended 4-15-2008 by L.L. No. 8-2008]
No orderly passenger shall be refused transportation
to his/her announced destination within the Village.
[Amended 6-18-1985 by L.L. No. 3-1985]
No person shall be allowed to sit on the front
seat with the driver unless the number of passengers being transported
from one destination to another destination exceeds the back seat
capacity or a passenger is a senior citizen, handicapped, disabled
or infirm so that it is not practicable to transport such passenger
in the back seat.
[Amended 4-15-2008 by L.L. No. 8-2008]
No taxicab driver shall permit more persons
to be carried in his/her taxicab than the number for which the taxicab
has seating facilities.
[Amended 4-15-2008 by L.L. No. 8-2008]
The first passenger in a taxicab may, in his/her
discretion, refuse to allow the driver to take on additional passengers.
Every taxicab driver shall obey all laws and
ordinances, rules and regulations while driving such vehicle, and
upon conviction for any felony, misdemeanor or offense, shall report
the same within five days to the Village Clerk, advising him of the
nature of the offense, the name and location of the court and the
date on which such conviction occurred.
