Unless otherwise expressly provided, the following words, whenever used in this chapter, shall have the meanings herein indicated:
BUSINESS
One or more acts of transporting a passenger or passengers for hire.
COMMISSION
The Taxicab Commission of the village, hereinafter established.
CRIMES OF MORAL TURPITUDE
Any felony offense designated as a violent felony offense, as now or hereafter designated by the Penal Law of the State of New York, and, in addition thereto, any of the following felony offenses, regardless of degree, as defined therein; Any Class A-1 felony or an attempt to commit a Class A-1 felony, arson, burglary, coercion, conspiracy, criminal possession of stolen property, criminal trespass, any felony drug (controlled substance) or marijuana offense, enterprise corruption, issuing a false certificate, offering a false instrument for filing, forgery, criminal possession of a forged instrument, grand larceny, insurance fraud, menacing, money laundering, obscenity, obstructing governmental administration, perjury, promoting prison contraband, hindering prosecution, promoting prostitution, tampering with public records, rape, reckless endangerment, riot, robbery, sodomy, criminal tampering, tampering with a witness, unlawful imprisonment, usury, vehicular assault, vehicular manslaughter, criminal possession of a weapon, criminal use of a firearm, criminal sale of a firearm, any attempt to commit any of the foregoing felonies, any crime, however designated and in whatever jurisdiction, which, if committed within the jurisdiction of this state, would be classified as one of the foregoing felonies.
[Added 7-15-1993 by L.L. No. 2-1993]
CRUISING
The driving of a vehicle upon streets, highways or public places located within the village for the purpose of soliciting or plying of prospective passengers for transportation for hire.
DRIVER
Any person driving a taxicab or prearranged for-hire vehicle upon the streets, highways or public places located within the Village.
[Amended 11-2-2006 by L.L. No. 5-2006]
OPERATE
The picking up and conveyance by taxicab or prearranged for-hire vehicle of a passenger for hire within the Village, whether such passenger is discharged at a destination within or outside the Village. Nothing in this chapter shall apply to, abridge, limit or regulate the right of any person not licensed hereunder to convey passengers by taxicab or prearranged for-hire vehicle from points of origin outside the Village to points within the Village or through the Village but shall not pick up any passengers within the Village.
[Amended 7-20-2006 by L.L. No. 3-2006; 11-2-2006 by L.L. No. 5-2006]
OWNER
Any person owning or having control of the use of one or more taxicabs and/or prearranged for-hire vehicles and driving or causing such taxicab or taxicabs and/or prearranged for-hire vehicle or vehicles to be driven for hire upon the streets, highways and public places located within the Village.
[Amended 11-2-2006 by L.L. No. 5-2006]
OWNER'S LICENSE
Permission granted by the Village to any person to operate one or more taxicabs and prearranged for-hire vehicles upon the streets, highways and public places located within the Village.
[Amended 11-2-2006 by L.L. No. 5-2006]
PASSENGER
An individual, other than the driver, who is an occupant of a taxicab or prearranged for-hire vehicle, and, for the purposes of this chapter, such individual shall be presumed to be a passenger for hire.
[Amended 11-2-2006 by L.L. No. 5-2006]
PERSON
An individual, firm, partnership, unincorporated association, corporation or any other legal entity.
PREARRANGED FOR-HIRE VEHICLE
A motor vehicle used in the business of carrying passengers for hire and not operated on a fixed route, other than a taxicab or other vehicle operating on state highways pursuant to a certificate or permit granted to a common or contract carrier for transportation on state highways issued under the Transportation Law of the State of New York which is maintained either at a residence within the Village of Westbury or at a terminal or base station within the Village of Westbury as described herein. An owner of a prearranged for-hire vehicle, licensed by the Village of Westbury, who has been issued a prearranged for-hire vehicle owner's license may maintain said vehicle subject to the Village's zoning laws,[1] at a premises where he resides which is located in a residential zone within the Village of Westbury. The operator of more than one prearranged for-hire vehicle licensed by the Village of Westbury, or separate operators of prearranged for-hire vehicles licensed by the Village of Westbury who happen to reside at the same address, may not maintain said vehicles in a residential zone within the Village of Westbury and must maintain a terminal or base station within the Village of Westbury for the storage of said prearranged for-hire vehicles.
[Added 11-2-2006 by L.L. No. 5-2006; amended 1-2-2014 by L.L. No. 1-2014]
PREARRANGED FOR-HIRE VEHICLE TERMINAL OR BASE STATION
A fixed base of operation within the Village of Westbury, maintained by the owner of two or more prearranged for-hire vehicles or by more than two owners owning one or more vehicles who reside at the same residence within or outside the Village of Westbury, with sufficient storage for all vehicles.
[Added 1-2-2014 by L.L. No. 1-2014]
TAXICAB
A motor vehicle used in the business of carrying passengers for hire and not operated on a fixed route, other than a limousine or other vehicle operating on state highways pursuant to a certificate or permit granted to a common or contract carrier for transportation on state highways issued under the Transportation Law of the State of New York.
[Amended 7-20-2006 by L.L. No. 3-2006]
TAXICAB AND PREARRANGED FOR-HIRE VEHICLE DRIVER'S LICENSE
Permission granted by the Village to any person to drive a taxicab or prearranged for-hire vehicle upon the streets, highways or public places located within the Village.
[Amended 12-2-1999 by L.L. No. 3-1999; 11-2-2006 by L.L. No. 5-2006]
TAXICAB STAND
Any place alongside the curb of a street or elsewhere which has been reserved by the village or a public authority or subsidiary thereof exclusively for the standing and use of taxicabs.[2]
TAXICAB TERMINAL OR BASE STATION
A fixed base of operation within the Village, maintained by the owner of one or more taxicabs, with sufficient storage for all vehicles and open to the public as a location at which passengers may be picked up and conveyed by taxicab. A taxicab terminal or base station must be manned and accessible to the public at all times that taxicabs are being operated for hire and shall be equipped with equipment capable of providing communication between the operators of the licensed taxicabs operated by the owner and the dispatcher.
[Added 1-2-2014 by L.L. No. 1-2014; amended 10-3-2019 by L.L. No. 6-2019]
VILLAGE
The Incorporated Village of Westbury.
[1]
Editor's Note: See Ch. 248, Zoning.
[2]
Editor's Note: The former definition of “terminal,” as amended, which immediately followed this definition, was repealed 1-2-2014 by L.L. No. 1-2014.