It shall be unlawful for any person to engage
any vehicle in the business of transportation for hire within the
Town of Huntington without first having secured a certificate for
each vehicle used in and by said business from the Town Clerk.
A.
Application. Applications for a certificate or certificate
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 of the information
is true and accurate to the best of his or her knowledge and belief,
including the information set forth herein:
(1)
Vehicle information.
(a)
Copies of the current, valid title and New York
State Vehicle Registration (indicating make, type, seating capacity,
registration number, vehicle identification number and license plate
number) for said vehicle.
(b)
The fleet number of the vehicle, if applicable.
(c)
A copy of the current, valid New York State
inspection certificate for said vehicle.
[1]
Each application shall be accompanied by the
vehicle's New York State registration showing that the certificate
of inspection, as provided for in New York State Vehicle and Traffic
Law, has been issued for said vehicle.
[2]
The certificate of inspection shall not, however,
be conclusive against the town but shall be evidence merely that the
owner of the vehicle has had an inspection made as required by this
chapter.
[3]
Nothing herein shall prevent local police authorities
from making further inspections of said vehicles at any time, and
local police authorities are hereby given specific authority to make
inspections whenever they are deemed to be necessary by the police
for public health, safety and welfare.
(2)
Business information.
(a)
A copy of the applicant's license or license
application as filed with the Town Clerk, including all information
required to be included in said application.
(b)
The name, address (local address and legal address,
if different) and telephone number of the vehicle owner, if different
than the business owner, and all information regarding said owner
as if he or she were an applicant for a business owner's license.
(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 vehicle's
fitness to engage in the business of transportation for hire.
B.
Modification. Any change in circumstance with regard
to the information required herein shall be reported to the Town Clerk
within 30 days of occurrence.
A.
Conformance. No certificate shall be issued or renewed
unless and until said vehicle has been inspected by the town and found
to be in conformance with all the provisions of this chapter.
B.
Rules and regulations. The Town Clerk may establish
reasonable rules and regulations for vehicle inspections, including
but not limited to inspections performed at anytime under the direction
and supervision of or by any town employee or official designated
by the town.
C.
Scheduled inspections. In the event that any vehicle
is found to be in violation of any provisions of this chapter, pursuant
to a scheduled inspection, the applicant shall be issued a warning
summons which shall state the violation and the corrective measures
to be taken.
D.
Random inspections. In the event that any vehicle
is found operating while in violation of any provisions of this chapter,
pursuant to a random inspection, the driver shall be issued a warning
summons which shall state the violation and the corrective measures
to be taken.
E.
Compliance. Proof that the violations have been corrected
or repaired shall be filed with the Town Clerk within 48 hours of
the issuance of a warning summons. If not, the Town Clerk shall immediately
disapprove the application or suspend the certificate of said vehicle
and set the time and place for a revocation hearing, as prescribed
in this chapter.
F.
Waiver of disapproval or suspension. Any certificate
disapproved or suspended pursuant hereto, may be approved or reinstated
after the filing of a request for a waiver from the Town Clerk, based
on submission of proof within 10 days of the disapproval or suspension,
that corrective measures have been taken. If said proof is not submitted
in a timely manner and/or the Town Board revokes the certificate,
a new application, town inspection and fee shall be required.
Business owners are responsible for ensuring
that all vehicles possessing certificates are outfitted with such
equipment as may be prescribed, from time to time, by the State of
New York, County of Suffolk and/or Town of Huntington. Evidence of
the presence of such equipment in a vehicle shall be filed with the
Town Clerk with the certificate application. Current certificate holders
shall file with the Town Clerk proof of satisfactory installation
of such equipment.
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 and of the operator while in possession of a vehicle.
A.
Compliance, generally. Each vehicle 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, owners. Each vehicle must specifically
be in compliance with all business owner regulations set forth in
this chapter, as they may apply to vehicles.
C.
Compliance, operators. Each vehicle must specifically
be in compliance with all vehicle operator regulations set forth in
this chapter, as they may apply to vehicles.
D.
Accident reports. All accidents involving any vehicle
must be reported to the appropriate Police Department having jurisdiction
thereof within seven days of the occurrence thereof
E.
Identification devices. Each vehicle must have posted
therein any and all identification devices required in this chapter.
F.
[1]Maintenance. Each vehicle must be kept clean, sanitary,
fit, of good appearance and in a safe condition for the transportation
of passengers, including repair of all malfunctions and/or damages
and must comply with all alterations and/or additions that may be
required.
G.
Omnibus plates. Each vehicle having a seating capacity
for passengers of not more than seven, in addition to the driver,
and equipped with handles or other devices which shall permit the
door or doors to the passenger compartment to be readily opened from
the interior of the vehicle must bear omnibus registration plates
issued by the State of New York.
H.
Taxicab identification. Each vehicle used as a cab,
as defined hereinabove, must be equipped with a permanent raised dome
light affixed to the roof, with "taxi," "taxicab" or the business
name imprinted thereon, and must have "taxi" or "taxicab" and the
business telephone number permanently affixed to each side of the
exterior, not less than four inches in height, and the business name
and address must be permanently affixed to the lower portion of the
front door, on each side of the exterior, not less than one and one-fourth
(1 1/4) inches in height.
I.
Car top
advertising. Each vehicle used as a taxicab may, upon annual application
to the Town Clerk, be equipped with a car top advertising device no
greater in size than forty-nine (49) inches long by fifteen (15) inches
high.
[Added 2-1-2011 by L.L. No. 3-2011]
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 and of the operator while
in possession of a vehicle:
(A)
Noncompliance, generally. Each vehicle may not be
in violation of any requirements of this chapter, as they may apply
to vehicles.
(B)
Noncompliance, owners. Each vehicle may not specifically
be in violation of any prohibited business owner activities, as they
may apply to vehicles.
(C)
Noncompliance, operators. Each vehicle may not specifically
be in violation of any prohibited vehicle operator activities, as
they may apply to vehicles.
(D)
Attention-seeking devices. No vehicle may be operated
with the use of 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. No vehicle may be operated while
its certificate of operation, or any appropriate New York State issued
registration or inspection certificate, is not in effect, has expired
or has been suspended or revoked.
(F)
Liveries as taxis. No vehicle bearing private livery
registration plates may be used as a taxicab within the Town of Huntington.
(G)
Signs and/or displays. No vehicle may be operated
with the use of signs and/or displays, except as required by this
chapter.
(H)
Trailers. No vehicle may be operated to transport
passengers while a trailer or semitrailer is attached or secured thereto.
(I)
Temporary identification devices. No taxicab may be
operated with the use of magnetic or removable raised domes and/or
required identification markings on its exterior.
