[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.]
The following words and phrases, when used in this chapter, have the
meanings set forth herein:
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.
The person who applied for and to whom was issued a taxicab driver's
license.
The person who applied for and to whom was issued a taxicab owner's
license.
To meet or pick up a specified passenger at a designated place in
response to a prior request.
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.
An individual, partnership, unincorporated association, joint-stock
company, corporation or other legal entity.
Any word or act intended to persuade or induce a person to hire a
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.
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.
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.
Any person owning or otherwise controlling the operation of one or
more taxicabs.
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.
OPEN TAXICAB STANDA 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.
(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.
