It shall be unlawful for any person to engage
in the business of transportation for hire within the Town of Huntington
without first having secured a license from the Town Clerk.
(A)
Application. Applications for a license or license
renewal required herein shall be filed with the Town Clerk, on a form
supplied by the Town Clerk. Said application shall be in the form
of a sworn affidavit by the applicant stating that all information
is true and accurate to the best of his or her knowledge and belief,
including the information set forth herein:
(1)
Personal information.
[Amended 8-15-2017 by L.L. No. 36-2017]
(a)
Name, address (local address and legal address, if different),
telephone number, including alias and/or maiden name where applicable.
(b)
Age, height, weight, eye color, hair color, place and date of
birth.
(c)
Any convictions for felonies or misdemeanors or violations of
any municipal ordinances (except with relation to municipal traffic
and/or parking violations) and, if so, in what court, when, where,
upon what charges and the sentence of the court, including the docket,
index, indictment or file number in such court.
(d)
A statement from a doctor licensed to practice medicine in the
State of New York stating that said doctor has thoroughly examined
the applicant within 30 days of the application, that said applicant
demonstrates no affliction of any physical or mental disease or infirmity
which might make him or her an unsafe or unsatisfactory license holder
and no drug or alcohol dependency or use other than by prescription,
together with the results of blood testing.
(2)
Business information.
(a)
The name, address and telephone number of the
business located within the Town of Huntington.
(b)
[1]Copies of any certificates on file with a County Clerk,
the New York State Secretary of State or other appropriate office,
if applicant employs a trade name or an assumed name, such as a doing/business/as
(DBA), corporate or partnership name, under which the business is
operated, as well as the New York State sales tax identification number
for all persons, corporations, partnerships, associations or other
business entities.
[1]
Editor’s Note: Former Subsection (A)(2)(b) and (c),
were repealed 8-15-2017 by L.L. No. 36-2017. This local law also redesignated
former Subsection (A)(2)(d) through (f) as Subsection (A)(2)(b) through
(d), respectively.
(c)
The names and addresses of all vehicle operators.
(d)
The name, address, telephone number and title
of the person designated to accept process or other legal notices.
(3)
Miscellaneous information. Any additional information
the Town Clerk shall deem necessary for the purpose of administering
the provisions of this chapter or to assist in determining the appficant's
fitness to engage in the business of transportation for hire.
(B)
Identification. Applicants shall also file the items
set forth herein with said application, unless specifically waived
by the Town Clerk upon a showing of facts which, in the discretion
of the Town Clerk, warrant the waiving of said requirements:
(1)
Fingerprints.
(a)
All applicants shall be fingerprinted through, and shall pay
the cost for the services of, a New York State Division of Criminal
Justice Service-approved statewide vendor-managed civil fingerprint
capture system.
[Amended 2-10-2015 by L.L. No. 12-2015]
(b)
Any felonies and/or misdemeanors on the applicant's record shall
disqualify the applicant from obtaining a license or permit, unless
after submission of a certificate of relief from disabilities as provided
for in Article 23 of the Correction Law, the Town Clerk determines
that issuance of a license would not endanger the health, safety and
welfare of the residents of the Town of Huntington.
[Amended 2-10-2015 by L.L. No. 12-2015]
(c)
The New York State Division of Criminal Justice
Services shall return such criminal history record information as
may exist in its files or a statement that no such relevant information
exists, such record to be filed with the Town Clerk.
(d)
Upon its return by the New York State Division
of Criminal Justice Services to the Town Clerk, if the application
is approved by the Town Clerk and upon payment of the prescribed license
fee, the Town Clerk shall prepare and deliver to the applicant therefor
the license required by this chapter.
(e)
New fingerprints for each renewal period may be waived by the
Town Clerk, unless the license issued under the provisions of this
chapter has lapsed for a period of time in excess of two (2) years.
[Amended 2-10-2015 by L.L. No. 12-2015]
(C)
Examination. At the discretion of the Town Clerk,
before the issuance of a license, the Town Clerk may require the applicant,
and any others having knowledge of any facts, to submit to an examination,
under oath, and to produce evidence relating thereto.
(D)
Modification. Any change in circumstance with regard
to the information required hereinabove shall be reported to the Town
Clerk within 30 days of occurrence.
Business owners are responsible for ensuring
that they and their agents (employees and operators) take such training
courses as may be prescribed, from time to time, by the State of New
York, County of Suffolk and/or Town of Huntington specifically designed
to educate and familiarize them with customary safety standards. Evidence
of the satisfactory completion of such courses shall be filed with
the Town Clerk with the license application. Current license holders
shall file with the Town Clerk proof that they are regularly attending
and/or have satisfactorily completed such courses.
The regulations set forth herein are mandatory
and are the responsibility of the owner as to themselves and their
vehicles, operators and/or employees during all times and operations
of the business.
A.
Compliance, generally. Owners must be in compliance
with all requirements of this chapter, all ordinances, local laws,
codes, laws, rules and regulations, including but not limited to those
concerning vehicles, traffic and parking, of the Town of Huntington,
County of Suffolk and State of New York.
B.
Compliance, vehicles. Owners must specifically be
in compliance with all vehicle regulations set forth in this chapter,
as they may apply to owners.
C.
Compliance, operators. Owners must specifically be
in compliance with all vehicle operator regulations set forth in this
chapter, as they may apply to owners.
D.
Business changes. Owners must report to the Town Clerk,
within seven days, any change of their business location or the name,
address or telephone number of the person designated for process of
legal service.
E.
Business offices. Owners must maintain a business
office within the Town of Huntington.
F.
Fares. Owners must file with the Town Clerk their
schedule of fares to be charged.
G.
Identification devices. Owners must post any and all
identification devices as required in this chapter and must report
to the Town Clerk, within 24 hours, the loss, theft, mutilation, marring
or alteration of any such documents.
H.
Written logs. Owners must keep, maintain and constantly
update all written logs prescribed in this chapter.
The activities set forth herein are unlawful,
are therefore prohibited and are the responsibility of the owner as
to themselves and their vehicles, operators and/or employees during
all times and operations of the business.
A.
Noncompliance, generally. Owners may not be in violation
of any requirements of this chapter, as they may apply to owners.
B.
Noncompliance, vehicles. Owners may not specifically
be in violation of any prohibited vehicle activities set forth in
this chapter, as they may apply to owners.
C.
Noncompliance, operators. Owners may not specifically
be in violation of any prohibited vehicle operator activities set
forth in this chapter, as they may apply to owners.
D.
Attention-seeking devices. Owners, or any person on
their behalf, may not use loudspeakers, noisemaking devices and/or
any other attention-seeking devices upon any street, road, highway,
alley, park or other public place within the town for the purpose
of attracting attention to solicitation of passengers or for any other
purpose.
E.
Invalid documents. Owners may not allow the operation
of their vehicles while their town license or any appropriate New
York State issued license is not in effect, has expired or has been
suspended or revoked; and may not allow the operation of their vehicles
by any operator whose town permit or any appropriate New York State
issued license is not in effect, has expired or has been suspended
or revoked.
F.
Unauthorized licensees. Owners may not allow the use
of their license by any unauthorized person.
G.
Unauthorized operators. Owners may not allow the operation
of their vehicles by any unauthorized person.
