Unless otherwise expressly stated, whenever used in this chapter, the
following words shall have the meanings given to them by this section:
Permission granted by the Village to any person to drive a licensed
taxicab upon the streets of the Village.
Any person owning or having control of the use of one or more taxicabs
used for hire upon the streets of the Village or engaged in the business of
operating a taxicab.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
A card on which is printed the tariff rates in the Village as provided
by this chapter.
Any street, alley, avenue, court, bridge, lane or public place in
the Village.
Any motor vehicle engaged in the business of carrying persons for
hire, whether the same is operated from a street stand or subject to calls
from a garage or otherwise operated for hire, except vehicles subject to the
provisions of the Transportation Corporation Law or used by undertakers in
carrying on their business.
Any person who drives a taxicab, whether such person is the owner
of such taxicab or employed by a taxicab owner or operator.
Permission granted by the Village to any person to operate or keep
for hire a taxicab in the Village.
Any place alongside of the curb of a street or elsewhere which is
exclusively reserved by the Board of Trustees for the use of taxicabs.
A mechanical instrument or device by which the charge for hire of
a taxicab is mechanically calculated, whether for distance traveled or waiting
time or for both and upon which such charge shall be indicated by means of
figures or designs.
It shall be unlawful for any person to drive, operate or keep for hire
or pay within the limits of the Village any taxicab without first having proven
public safety and convenience to the Board of Trustees and without having
obtained and paid for a license to drive, a license for operating or keeping
for pay or hire or both and having the same in force and effect, under the
provisions of this chapter.
In determining whether or not public safety and convenience will be
promoted by the issuing of licenses to operate taxicabs for which applications
may be made, the Mayor and Board of Trustees shall take into consideration
the following:
A.
The fiscal responsibility of the applicant.
B.
The number and type of vehicles the applicant will station
within the Village.
C.
The type and extent of service the applicant will offer
within the Village and proposed insurance coverage for its vehicles and drivers.
D.
Whether or not increased traffic congestion and demand
for increased parking space on the streets of the Village will result.
E.
Whether or not the safe use of the streets by the public,
both vehicular and pedestrian, will be endangered by the granting of such
additional license.
F.
Such other relevant facts, if any, as the Mayor and Board
of Trustees may deem advisable or necessary.
No person shall be allowed to operate a taxicab business within the
Village without first proving public safety and convenience as hereinbefore
provided, obtaining a license to operate such business from the Village and
paying a license fee of $100.
A.
Submission of fee. A certified check in the amount of the fee required in § 225-4 shall accompany any application for a license to operate a taxicab business, which application shall be presented only at a regular meeting of the Board of Trustees.
B.
Referral of application; report of findings; recommendations.
On receipt of the application for such license and the accompanying fee, the
Board of Trustees shall refer such application to the Police Committee of
the Village and to the Chief of Police of the Village. Within 60 days thereafter,
the Police Committee and the Chief of Police shall separately report their
findings and make their recommendations to the Board of Trustees at a regular
meeting thereof.
C.
Acceptance of application; notification to applicant
of hearing. If the Board of Trustees, after hearing the recommendations and
reports of the Police Committee and Chief of Police, does not reject the application,
it shall, within 10 days, notify the applicant that a public hearing will
be held in the matter of said application, which public hearing shall be held
not less than 30 nor more than 60 days from the date of this notification.
D.
Rejection of application. If the Board of Trustees, after
hearing the recommendations and reports of the Police Committee and the Chief
of Police, rejects said application, it shall, within 10 days, notify the
applicant that said application has been rejected, and the applicant may then,
and within 20 days from the date of said notice, apply for a public hearing
in the matter of said application, which said public hearing shall be held
not less than 30 days nor more than 60 days from the date such application
for such hearing is received by the Clerk of the Board.
E.
Publication of notice of hearing. In any case where a
hearing has been appointed, the applicant may be required to publish at his
own cost and expense a notice of said hearing in such newspapers and at such
times as may be designated by the Board of Trustees.
A.
Issuance of license. If the Mayor and Board of Trustees
find, after investigation and hearing, that the public safety and convenience
justify the granting of the license desired, they shall notify the applicant
of their finding. Within 60 days thereafter, the applicant shall furnish to
the Mayor and Board of Trustees any and all additional information which may
be required, and, if the Mayor and Board of Trustees then find that the applicant
is the owner of the vehicles for which license is desired and that such vehicles
comply with all of the legislation of the Village, a business license shall
thereupon be issued to the applicant after resolution by the Board that public
safety and convenience will be served by the proposed taxicab service.
B.
Refusal to issue license; return of fee. If the Mayor
and Board of Trustees find, after such investigation and hearing, that the
public safety and convenience do not justify the issuance of the business
license desired, they shall forthwith notify the applicant of said finding
and return the fee submitted with the application to the applicant.
Except as otherwise provided in this chapter, badges, plates, licenses
and permits granted under the provisions of this chapter shall not be assigned
or transferred to any other person, nor shall such badges, plates, licenses
or permits be applicable to any motor vehicle other than the one specified
therein. Any licensee who permits his badge, plate, license or permit to be
used by any other person and any person who uses such badge, plate, license
or permit granted or given to any other person shall each be guilty of a violation
of this chapter.
Whenever a license, permit, badge or plate shall be lost, stolen or
destroyed, without fault on the part of the holder, his agent or employee,
a duplicate in lieu thereof under the original application and bond may be
issued by the Village Clerk upon the filing of a sworn affidavit containing
the facts of such loss or theft and upon the payment of the cost of such duplicate
badge or tag.
Changes of address of taxicab owners or drivers shall be reported to
the Chief of Police in writing within three days.
A person to whom a license has been issued to operate a taxicab business
shall regularly and daily operate his licensed taxicabs during the licensed
year to the extent reasonably necessary to meet the public demand for such
taxicab service. Upon complete abandonment of taxicab service for the period
of five consecutive days by the owner or operator of such taxicab service,
the Chief of Police, upon hearing after five days' notice to said owner
or operator, if the fact of abandonment is fully substantiated, shall recommend
to the Mayor that the license of such owner or operator shall be revoked covering
such taxicabs of said owner or operator, and the Mayor shall direct the Village
Clerk to cancel and revoke such license forthwith by notice in writing to
be served personally upon said licensee or posted upon the door of his place
of business if he cannot be found.
Any license issued under the provisions of this chapter shall be subject
to suspension or revocation upon conviction of the licensee for any violation
of this chapter. The Board of Trustees may, in its discretion, suspend or
revoke a license granted under any provision of this chapter, pending or in
advance of the criminal prosecution of the licensee.
Every holder of a taxicab license shall at all times keep the inside
of the cab operated by him in a clean and sanitary condition and shall, at
least once each day, thoroughly clean the inside of such taxicab.
