There is hereby created a Commission known as
the "Westbury Taxicab Commission," consisting of three members appointed
by the Mayor with the approval of the Board of Trustees for a term
of three official years or until a member's successor is appointed
and qualifies, except that the members first appointed shall be appointed
for the official years expiring not more than one, two and three years,
respectively, subsequent to their initial appointments, and the term
of one member shall expire annually thereafter. Members shall be over
the age of 18 years and shall be selected for their interest in the
purposes and work of the Commission and for their ability. An official
year shall commence at 12:00 noon of the first Monday in April of
each year and shall expire at 12:00 noon of the first Monday in April
of the following year. Vacancies on the Commission shall be filled
in the same manner as the original appointees, except that a vacancy
occurring other than by expiration of term of office shall be filled
only for the remainder of the unexpired term. The Village Clerk-Treasurer
shall be an ex officio member of the Commission. The Mayor shall designate
the Chairman of the Commission in each official year, and the Commission
shall select a member thereof to act as secretary of the Commission
from time to time.
[Amended 12-2-1999 by L.L. No. 3-1999; 7-20-2006 by L.L. No.
3-2006; 11-2-2006 by L.L. No. 5-2006]
The purposes and duties of the Commission shall
be as follows:
A.
To conduct an ongoing examination of the structure
and functioning of the taxicab and prearranged for-hire vehicle industry
and business within the Village, with a particular view to:
(1)
The adequacy of service, including the adequacy of
the number of licensed taxicabs or prearranged for-hire vehicles authorized
by the Village Board.
(2)
The number, character and responsibility of the owners
licensed to render taxicab or prearranged for-hire vehicle business
and service within the Village.
(3)
The degree of competition among taxicab or prearranged
for-hire vehicle owners.
(4)
Their capability to render adequate, safe, reliable
and economical service.
(5)
The fairness and reasonableness of existing and proposed
rates and rate structures.
(6)
The manner of handling complaints from passengers
and the public.
(7)
The adequacy of existing and proposed rules and regulations
to ensure proper service at reasonable cost to the public.
(8)
The necessity of changes in such rules and regulations
to improve taxicab or prearranged for-hire vehicle business and service
and facilitate administration and law enforcement.
B.
To report periodically to the Village Board its findings
and recommendations with respect to the taxicab or prearranged for-hire
vehicle industry and business within the Village, including but not
limited to:
(1)
The number of taxicabs and prearranged for-hire vehicles
that should be authorized from time to time to operate within the
Village.
(2)
The appropriate rates and charges for taxicab or prearranged
for-hire vehicle service within the Village.
(3)
Amendments to this chapter necessary to the proper
regulation of taxicab or prearranged for-hire vehicle business and
service within the Village.
(4)
Number, size and location of taxicab stands within
the village.
C.
To issue and promulgate from time to time rules and
regulations.
(1)
These rules and regulations shall be in furtherance
of the objectives of this chapter, and not inconsistent therewith,
with respect to all matters of operation of, and licensing of persons
to own and drive, taxicabs or prearranged for-hire vehicles within
the Village, including without limitation the following:
(a)
The form, manner of execution, documentation,
verification, submission and processing of applications for, and issuance
of, licenses to owners and drivers of taxicabs or prearranged for-hire
vehicles within the Village and renewals thereof.
(b)
The procedure for receipt, processing and investigation
of complaints with respect to taxicab or prearranged for-hire vehicle
business and service and the conduct of hearings for suspension or
revocation of owner's and taxicab or prearranged for-hire vehicle
driver's licenses.
(c)
The rendition of taxicab or prearranged for-hire
vehicle business and service within the Village, including, without
limitation by reason of specification:
[1]
The establishment, location and operation of taxicab terminals, and making recommendations to the Village of Westbury Planning Board regarding the minimum off-street parking spaces required, as provided in the Zoning Code, Article XXXI, Comprehensive Off-Street Parking and Loading Regulations.
[2]
The type and adequacy of communications facilities
between terminals and the public and between and among taxicabs and
terminals.
[3]
The identification of licensed taxicabs or prearranged
for-hire vehicles; the size, content and manner of display license
cards and other information inside taxicabs or prearranged for-hire
vehicles necessary to inform passengers as to the rules and regulations
established by the Commission, including the maximum permitted fares.
[4]
The type and adequacy of taxicabs or prearranged
for-hire vehicles and equipment thereof.
[5]
The hours of operation.
[6]
The keeping of records by drivers and owners
and inspection thereof by the Commission.
[7]
Fare-handling practices of drivers.
[8]
The carriage of additional passengers and baggage
and the rendition of small delivery or other incidental services.
[9]
The dispatch of vehicles.
[10]
The maintenance and condition of vehicles.
[11]
The periodic inspection of vehicles.
[12]
All other matters pertaining to taxicab or prearranged
for-hire vehicle business and service.
(d)
The internal organization and procedures of
the Commission.
(2)
Such rules and regulations of the Commission shall
become effective 30 days after their adoption by the Commission, provided
that a copy thereof has been submitted to the Board of Trustees and
such Board has not, within such thirty-day period, adopted a resolution
at a regular or special meeting of the Board disapproving, in whole
or in part, such rule or regulation. A copy of such rule or regulation,
or a fair summary thereof, shall be published by the Village Clerk
in the official newspaper of the village promptly upon expiration
of said thirty-day period. In case of an emergency, as declared by
the Commission, such rules and regulations shall become effective
immediately upon filing a certified copy thereof with the Village
Clerk and delivery of copies thereof to all licensed owners, subject
to review of such adoption by the Board of Trustees, which may, by
resolution, disapprove such rule or regulation within 30 days after
its adoption by the Commission.
D.
To investigate complaints, examine books and records
of drivers and owners, conduct investigations on its own initiative
with respect to taxicab or prearranged for-hire vehicle business and
service; to prefer charges against drivers and owners, conduct hearings
on such charges and to suspend or revoke driver's and owner's licenses
in cases where violations of law or the rules and regulations of the
Commission have been established, subject to appeal to the Board of
Trustees as hereinafter provided.
E.
To make specific studies and investigations of the
taxicab or prearranged for-hire vehicle industry and business within
the Village as the Board of Trustees may from time to time require
and to make report of its findings thereon to the Board of Trustees.
F.
To cooperate with similar taxicab or prearranged for-hire
vehicle regulatory bodies in the County of Nassau in the gathering
and exchange of data as to licenses, rates, passengers carried and
other matters; to participate with such bodies in joint or cooperative
studies and to make joint recommendations with respect to operations
and improvements in the business and service.
[Amended 11-2-2006 by L.L. No. 5-2006]
The Commission shall meet at least quarterannually
and more frequently as its duties may require. It shall make an annual
report to the Board of Trustees not later than the first day of February
of each year, such report to contain, among other things, a concise
summary of the Commission's work during the preceding year, the number
of driver's and owner's licenses applied for, the number of such licenses
issued, the number of taxicab and prearranged for-hire vehicle licenses
issued to each owner, and such other information and such recommendations
as the Commission may include therein. The Commission shall submit
therewith to the Board its proposed budget for the next ensuing fiscal
year for approval by the Board. All expenses of the Commission shall
be paid from funds appropriated for that purpose.
The members of the Commission shall receive
as compensation for their services such sum of money as the Board
of Trustees of the village may from time to time fix by resolution.
Until such time as the Board may change such compensation, such compensation
shall be the sum of $25 per meeting of the Commission.
