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Town/Village of Harrison, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Harrison 3-6-1957; amended in its entirety 1-4-1995. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks (village) — See Ch. 32.
Vehicles and traffic — See Ch. 38.
Appearance tickets — See Ch. 47.
Fees — See Ch. 137.
Licensing and permit investigation — See Ch. 171.
Streets and sidewalks (town) — See Ch. 201.
The following words and phrases, when used in this chapter, have the meanings set forth herein:
CRUISING
The driving of a taxicab upon the streets, highways or other public places of the Town of Harrison in search of or soliciting prospective passengers for hire.
HOLDER OF A TAXICAB DRIVER'S LICENSE
The person who applied for and to whom was issued a taxicab driver's license.
HOLDER OF A TAXICAB OWNER'S LICENSE
The person who applied for and to whom was issued a taxicab owner's license.
ON CALL
To meet or pick up a specified passenger at a designated place in response to a prior request.
OPERATE AS A TAXICAB
To regularly engage in the business of carrying passengers for hire in a vehicle having a seating capacity of less than eight passengers and not operated on a fixed route. It shall not include the rental of cars on an hourly, daily or weekly basis.
PERSON
An individual, partnership, unincorporated association, joint-stock company, corporation or other legal entity.
SOLICIT PASSENGERS
Any word or act intended to persuade or induce a person to hire a taxicab.
TAXICAB
A motor vehicle regularly operated in the business of carrying passengers for hire, having a seating capacity of less than eight passengers and not operated on a fixed route.
TAXICAB DRIVER
A person who is driving or in control of a taxicab while it is awaiting passengers, transporting passengers or otherwise available for hire by passengers.
TAXICAB DRIVER'S LICENSE
A license issued by the Town Clerk of the Town of Harrison, authorizing the holder to drive a taxicab within the limits of the Town of Harrison.
TAXICAB OPERATOR
Any person owning or otherwise controlling the operation of one or more taxicabs.
TAXICAB OWNER'S LICENSE
A license issued by the Town Clerk of the Town of Harrison, authorizing the holder to operate taxicabs for hire within the limits of the Town of Harrison.
A. 
A public place in the Town of Harrison which has been designated by the Chief of Police as exclusively reserved for taxicabs.
It shall be unlawful for any person to operate or permit a vehicle owned or controlled by him to be operated as a taxicab within the limits of the Town of Harrison without first having obtained a taxicab owner's license for such vehicle(s) under the provisions of this chapter and having the same in full force and effect. These licensing requirements shall not apply to taxicabs registered or licensed in or operated from other municipalities that come into the Town of Harrison on call only.
A. 
An application for a taxicab owner's license shall be made upon forms provided by the Town of Harrison and shall be filed with the Town Clerk. A single application may include all of the taxicabs to be operated by the applicant. The application shall be verified under oath and shall contain information as the Town Clerk may require to achieve the purposes and objectives of this chapter.
B. 
Every application for a taxicab owner's license shall be referred to the Police Department for the processing of a criminal history investigation. The applicant will be required to provide a $50 postal money order, or such other form of payment acceptable by the New York State Division of Criminal Justice Services, made payable to the New York State Division of Criminal Justice Services. A written report of such investigation shall be made to the Town Clerk.
No taxicab owner's license shall be issued unless there is in full force and effect an indemnity bond or a liability insurance policy for each vehicle to be operated under the taxicab owner's license in the amount of $10,000 for bodily injury to one person, $20,000 for bodily injuries to more than one person which are sustained in the same accident and $5,000 for property damage resulting from any one accident. If a bond is in force, it shall be filed in the office of the Town Clerk, shall have as surety thereon a surety company authorized to do business in the State of New York and shall inure to the benefit of any person who shall be injured or shall sustain damage to property caused by the negligence of the holder of the taxicab driver's license, his servants, employees or agents. If a liability insurance policy is in force, the policy shall be filed in the office of the Town Clerk, and the insurer shall be an insurance company authorized to do business in the State of New York.
[Amended 2-21-2007 by L.L. No. 1-2007]
The annual calendar year fee for a taxicab owner's license shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code. This annual calendar year fee shall be in the full amount regardless of the time of year that the taxicab owner's license is applied for.
A. 
Upon an applicant's compliance with the conditions of this chapter and payment of the annual fee herein specified, the Town Clerk shall have authority to issue a taxicab owner's license to such applicant. A taxicab owner's license may not be refused to an applicant except for a specific reason and for the protection of the public safety, good order and morals, including the prevention of traffic hazards or the undue congestion of open taxicab stands or streets in the Town of Harrison. The Town Clerk shall act upon every application for a taxicab owner's license within 30 days after it is filed. An applicant whose application is denied may appeal from such denial to the Town Board, which may, in its discretion and after a public hearing, grant or deny such application.
B. 
All taxicab owner's licenses shall be consecutively numbered in the order of issuance, shall show the date on which they were issued, the date on which they shall expire and the name and business address of the holder of the license. The license shall be displayed upon the premises of the holder.
C. 
Each vehicle listed on any taxicab owner's license application shall bear an up-to-date New York State inspection certificate. The holder of a taxicab owner's license shall keep any and all taxicabs listed on the taxicab owner's license application in good, safe working order and in a clean and sanitary condition.
D. 
A taxicab owner's license shall not be assigned or otherwise transferred.
A. 
The holder of a taxicab owner's license shall advise the Town Clerk, in writing, of any change in any fact stated in the application for such license within 10 days after such change occurs.
B. 
When a taxicab operated under a taxicab owner's license is sold or otherwise disposed of, the taxicab owner's license issued for such vehicle(s) shall be surrendered by the holder thereof to the Town Clerk. Such license may be transferred to another taxicab operated by the holder of the taxicab owner's license upon payment of a fee as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code.
[Amended 2-21-2007 by L.L. No. 1-2007]
Every taxicab owner's license shall expire on December 31 of each year. The taxicab owner's license may be renewed by making written application therefor and by providing such information as the Town Clerk may require and paying the annual fee for the license and each taxicab to be operated under the license.
A. 
A taxicab owner's license may be suspended by the Town Clerk, pending revocation by the Town Board after a public hearing if the holder:
(1) 
Has permitted one or more taxicabs operated under the taxicab owner's license to be used for illegal or immoral purposes.
(2) 
Has violated any of the provisions of this chapter or of any other ordinance or law, the violation of which reflects unfavorably upon the fitness of the holder to offer public transportation.
(3) 
Has failed to maintain the indemnity bond or liability insurance required by this chapter.
(4) 
Has discontinued operations for more than 30 days.
(5) 
Has refused to accept a call when required to do so by § 210-24 of this chapter.
(6) 
Has had his New York State vehicle registration suspended or revoked by the Department of Motor Vehicles.
(7) 
Has been arrested for any Vehicle and Traffic Law misdemeanor or Penal Law offense.
B. 
A taxicab driver's license that is suspended, or registration that is suspended or revoked, and the taxicab owner's license issued under it shall be delivered by the holder thereof into the custody of the Town Clerk.
A. 
No vehicle shall be driven for hire as a taxicab within the limits of the Town of Harrison, and no person who owns or controls a vehicle shall permit it to be so driven, unless the driver of such vehicle shall have first obtained and have then in full force and effect a taxicab driver's license issued under the provision of this chapter.
B. 
This licensing requirement shall not apply to the drivers of taxicabs registered or licensed in or operated from other municipalities that come into the Town of Harrison on call only.
A. 
An application for a taxicab driver's license shall be made upon forms provided by the Town of Harrison and shall be filed with the Town Clerk. The application shall be verified under oath and shall contain information as the Town Clerk may require to achieve the purposes and objectives of this chapter.
B. 
Each application shall be accompanied by a certificate from a reputable physician licensed by the State of New York certifying that, in his opinion, the applicant is not afflicted with any disease, infirmity or habit which might make him an unsafe or undesirable taxicab driver.
C. 
Every application for a taxicab driver's license shall be referred to the Police Department for the processing of a criminal history investigation. The applicant will be required to provide a $50 postal money order made payable to the New York State Division of Criminal Justice Services. A written report of such investigation shall be made to the Town Clerk within 15 days.
Before any applicant shall receive a taxicab driver's license, he shall satisfactorily demonstrate his ability to read and write the English language and his knowledge of the geography of the Town of Harrison and immediately surrounding areas and shall show that he has a current chauffeur's license issued by the State of New York.
[Amended 2-21-2007 by L.L. No. 1-2007]
The annual calendar year fee for a taxicab driver's license shall be as set forth in the most current resolution of the Town Board fixing the fee pursuant to § 137-1 of the Town Code and shall be nonrefundable. This annual calendar year fee shall be in the full amount, regardless of the time of year that the taxicab driver's license is applied for.
A. 
Upon an applicant's compliance with the conditions of this chapter and payment of the annual fee herein specified, the Town Clerk shall have authority to issue a taxicab driver's license to such applicant. A license may not be refused to an applicant except for specific reason and for the protection of the public safety, good order and morals. The Town Clerk shall act upon every application for a taxicab driver's license within 30 days after it is filed. An applicant whose application is denied may appeal from such denial to the Town Board, which may, in its discretion and after a public hearing, grant or deny such application.
B. 
All taxicab driver's licenses shall be consecutively numbered in the order of issuance, shall show the date on which they were issued, the date on which they shall expire, the holder's name and address, a description of the holder by age, sex, color of hair and eyes and the signature of the holder. A recent unretouched photograph of the head and shoulders of the holder, at least 2 1/2 x 2 1/2 inches in size, with the features of the holder clearly discernible, shall be affixed to the license in such manner that it cannot be removed without detection. If the state chauffeur's license of the holder requires that he wear glasses while operating a motor vehicle, that fact shall be noted on his taxicab driver's license, and the aforementioned photograph of the holder shall be taken while he is wearing glasses. The driver of a taxicab shall display his taxicab driver's license in the interior of the vehicle, in a place where it is clearly visible to any passenger therein.
The holder of a taxicab driver's license shall advise the Town Clerk, in writing, of any change in fact stated in the application for such license within 10 days after such change occurs.
Every taxicab driver's license shall expire on December 31 of each year. The license may be renewed by making written application therefor and providing such information as the Town Clerk may require and paying the annual fee for the license.
A. 
A taxicab driver's license may be suspended by the Town Clerk, pending revocation by the Town Board after a public hearing if the holder:
(1) 
Has driven a taxicab used for illegal or immoral purposes.
(2) 
Has violated any of the provisions of this chapter or of any other ordinance or law, the violation of which reflects unfavorably upon the fitness of the holder to transport passengers or to drive a vehicle operated for hire.
(3) 
Has had his New York State driving privilege suspended or revoked by the Department of Motor Vehicles.
(4) 
Has been arrested for any Vehicle and Traffic Law misdemeanor or Penal Law offense.
B. 
A taxicab driver's license that is suspended or revoked shall be delivered by the holder thereof into the custody of the Town Clerk.
A. 
Each vehicle operated under any taxicab owner's license or taxicab driver's license shall bear an up-to-date New York State inspection certificate. The holder of a taxicab owner's license or the holder of a taxicab driver's license shall keep any and all taxicabs in good, safe working order and shall keep any and all taxicabs in a clean and sanitary condition.
B. 
Prior to the operation of any vehicle as a taxicab under the provisions of this chapter, such vehicle shall be inspected by the Police Department. Individual taxicabs may be inspected at any time by the Chief of Police, or his designee, and shall require such inspection to ensure that all provisions of this chapter are complied with.
C. 
A written record of each inspection shall be maintained by the Police Department.
Every taxicab that solicits passengers on streets, highways or public places shall bear, on each side, the name, address and telephone number of the person who holds the taxicab owner's license under which it is operated, in plain and distinct letters at least two inches high.
A. 
The holder of a taxicab owner's license shall file a schedule of rates with the Police Department and the Town Clerk.
B. 
The holder of a taxicab owner's license shall notify the Town Clerk, in writing, of any change in the schedule of rates.
C. 
The schedule of rates shall be displayed in the interior of the vehicle, in a place where it is clearly visible to any passenger therein.
A. 
Every taxicab driver shall have the right to demand payment of legal fare in advance and may refuse service unless so prepaid. No taxicab shall otherwise refuse or neglect to convey any orderly person or persons, upon request, anywhere in the Town of Harrison, unless previously engaged or unable to do so.
B. 
Whenever a passenger asks for a receipt, it shall be given him by the driver. The receipt shall show the name of the driver, the name of the person who owns or controls the taxicab, the taxicab owner's license number of the taxicab, the date and time of the trip and the amount of the fare.
A. 
No driver shall solicit passengers for a taxicab, except when sitting in the driver's seat of such taxicab or while standing immediately adjacent to such taxicab. No driver shall solicit patronage in a loud or annoying tone of voice or in any manner annoy any person or obstruct the movement of any person or follow any person for the purpose of soliciting patronage.
B. 
Taxicab drivers shall not receive or discharge passengers in the roadway but shall pull up to the right-hand sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except upon oneway streets, where passengers may be discharged at either the right or left-hand sidewalk or side of the roadway in the absence of a sidewalk.
C. 
No cruising shall be permitted. No taxicab, while awaiting employment by passengers, shall stand on any public street or place other than at a taxicab stand designated or established in accordance with this chapter.
D. 
No taxicab driver shall permit any other person to occupy or ride in said taxicab if the person or persons first employing the taxicab shall object to the acceptance of such additional passenger or passengers. No taxicab driver shall permit more persons to be carried in a taxicab than its rated seating capacity. For this purpose, a child-in-arms shall not be counted a passenger.
A. 
The Chief of Police is hereby authorized to establish open taxicab stands in such streets, highways or public places of the Town of Harrison as he shall deem necessary for the use of taxicabs operated in the Town of Harrison, taking into consideration the need for such stands by the operators and the convenience of the general public. The Chief of Police shall designate the number of cabs that shall occupy such open stands and the manner in which they shall enter, park and leave such stands. Other vehicles shall be excluded from such stands.
B. 
While parked in an open taxicab stand, drivers shall stay within five feet of their taxicabs, and they shall not solicit passengers or engage in loud or boisterous talk. Every passenger shall be allowed to board the cab of his choice while it is parked in an open stand.
Holders of taxicab owner's licenses shall maintain a central place of business and make provisions for receiving calls and dispatching cabs from such place of business. They shall answer all calls received by them for services within the limits of the Town of Harrison as promptly as possible, and if such services cannot be rendered within a reasonable time, they shall notify the caller how long it will be before the call can be answered and the reason therefor. A holder of a taxicab owner's license who shall refuse to accept a call anywhere within the limits of the Town of Harrison at a time when such holder has taxicabs available shall be liable to have his taxicab owner's license revoked in the discretion of the Town Board.
Every taxicab driver shall maintain a record book in which he shall record all trips made each day, showing the time and place of origin and destination of each trip, the number of passengers and fare charged. Such book shall be preserved by the taxicab operator for one year and shall be subject to inspection by the Police Department.
Any person violating any of the provisions of this chapter shall, upon conviction, be punishable by a fine not to exceed two $250 or by imprisonment for a term not to exceed 15 days, or both.