[HISTORY: Adopted by the City Council of the City of Jamestown 3-26-1962 as Ch. 28 of the 1962 Code; amended in its entirety 7-31-2017. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 175.
Vehicles and traffic — See Ch. 290.
Unlicensed vehicles — See Ch. 292.
As used in this chapter, the following terms shall have the meanings indicated:
DISPATCHER
An individual or individuals who operate pursuant to federal law governing communications on two-way radios and dispatch various liveries and/or taxicabs to locations pursuant to requests by potential passengers.
DRIVER
A person licensed to drive a taxicab or livery in the City of Jamestown.
FLEET OPERATOR
A person, firm or corporation owning and operating five or more taxicabs or liveries.
INDIVIDUAL OPERATOR
A person, firm or corporation owning and operating fewer than five taxicabs or liveries.
LIVERY
A passenger automobile with an interior seating capacity for seven or fewer passengers which transports fares for hire. However, a livery service shall not secure business by cruising the streets or by soliciting fares in public places. A "livery" may have the word "livery" and the name of the owner or company on the vehicle. A "livery" shall not, however, have placed upon it a dome light or other lights located on the roof of the vehicle or the words "taxi," "taxicab" or words of similar import or any other distinctive or unusual equipment, device, design, color, numbers or lettering liable to deceive the public that such a vehicle is a taxicab.
OWNER
Includes any person, firm, corporation or association owning and operating one or more taxicabs or liveries.
OWNER DRIVER
A person who owns a taxicab or livery and drives his own vehicle exclusively.
PERSON
Includes individuals, firms and corporations.
TAXICAB
A passenger automobile with a seating capacity in the interior thereof for seven or fewer passengers, operated for the purpose of transporting persons for hire from points of origin within the City of Jamestown which either cruises the streets of the City of Jamestown for the purpose of securing passengers or receives calls from individuals or from dispatchers for the purpose of transporting passengers for hire.
Every taxicab shall have affixed in a conspicuous place inside the cab, in such a manner as to be clearly visible, a detailed schedule of rates[1] which, prior to becoming effective, shall be approved by the Public Safety Committee of the City Council and such approval noted by the signature of the Chairman thereof.
[1]
Editor's Note: The current schedule of rates is on file and available for inspection in the office of the City Clerk/Treasurer.
No taxicab shall charge more than the sum specified, and any charge or collection in excess of the amounts specified by § 274-2 shall be sufficient grounds for a revocation of the licenses or permits issued under this chapter.
A. 
The operator of each taxicab shall carefully inspect the cab after the discharge of each passenger and if articles are found therein shall immediately deliver such articles either to the passenger or turn them in to the cab company office. Any valuable articles will be reported to the Police Department.
B. 
The operator of a taxicab shall not stop to pick up any additional passengers while proceeding to the destination of any passenger then occupying the taxicab, without the consent of all such passengers.
C. 
The operator of a taxicab shall not blow his horn, shout or use a loud tone to solicit a fare.
D. 
The operator of a taxicab shall not permit more persons to be carried in his/her taxicab than the number for which he/she has seating facilities.
E. 
The operator of a taxicab shall proceed with passengers to the destination by the shortest possible route, unless requested otherwise by said passengers.
Every taxicab exercising a permit granted under this chapter shall when standing in an assigned space display a sign showing that it is a public taxicab or for hire. Such sign may be removed or covered at the election of the driver when the taxicab is under way.
A. 
License required. No person shall drive a taxicab/livery and no person shall permit another to drive a taxicab/livery within the City without first having obtained and paid for a license from the City Clerk/Treasurer under the provisions of this section.
[Amended 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
B. 
Submission of and information required by application.
(1) 
Application for a license to drive a taxicab/livery within the City shall be made to the Chief of Police/Director of Public Safety upon a blank form to be furnished by the City Clerk/Treasurer. The applicant for such license shall be at least 18 years of age, shall have obtained a New York State Class A commercial driver license (CDL), Class B commercial driver license (CDL), Class C commercial driver license (CDL), or Class E driver license, shall be able to read and write the English language and shall be of sound body and mind. He shall furnish such other information relating to his character and fitness as the Chief of Police/Director of Public Safety may require. Any change in the information provided must be reported to the City Clerk/Treasurer within 10 days after the change occurs.
[Amended 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
(2) 
No application for a taxicab/livery operator's license shall be approved by the Chief of Police/Director of Public Safety where it is determined that the applicant for such license has been convicted of a sex offense as such is defined by § 130 of the Penal Law or has been convicted within the 10 years immediately preceding the date of application for a taxicab operator's license of a felony or where the applicant for a taxicab/livery operator's license has been convicted within the five years immediately preceding the date of application for a taxicab/livery operator's license of violation of § 1192, Subdivision 2, 3 or 4, of the Vehicle and Traffic Law of the State of New York, or has been convicted within five years immediately preceding the date of application for any drug or marijuana related misdemeanor.
C. 
Approval and filing of application; issuance; expiration. If the Chief of Police/Director of Public Safety approves an application, such approval must be in writing and filed with the Police Department. Upon the filing of the application, together with the approval of the Chief of Police/Director of Public Safety, the City Clerk/Treasurer shall issue a taxicab/livery operator's license. Each license shall be stamped by the Seal of the City and shall expire on December 31 after the date of issue, unless previously suspended or revoked, as provided in this section.
[Amended 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
D. 
Photographs required; display of license and photograph. Each applicant, upon filing the application with the City Clerk/Treasurer, must file therewith two unmounted unretouched photographs of the applicant taken within 30 days preceding the filing of the application. One such photograph shall be attached to the license issued by the City Clerk/Treasurer, and such license and photograph shall be displayed by the licensee at all times in a conspicuous place inside the cab when engaged in operating such cab.
[Amended 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
E. 
Renewal. The City Clerk/Treasurer may renew a taxicab/livery operator's license or taxicab/livery license only after application for renewal has been approved by the Chief of Police/Director of Public Safety. No application of a taxicab/livery operator's license shall be approved by the Chief of Police/Director of Public Safety where it is determined that the applicant for such license has been convicted of a sex offense as such is defined by § 130.00 of the Penal Law or has been convicted within the 10 years immediately preceding the date of application for a taxicab/livery operator's license of a felony or where the applicant for a taxicab/livery operator's license has been convicted within the five years immediately preceding the date of application for a taxicab/livery operator's license of violation of § 1192, Subdivision 2, 3 or 4, of the Vehicle and Traffic Law of the State of New York, or has been convicted within five years immediately preceding the date of application for any drug or marijuana related misdemeanor.
[Amended 8-28-2017]
F. 
Suspension; revocation. A driver's license may at any time be suspended or revoked for cause after a hearing by the Chief of Police/Director of Public Safety. Any violations of any of the provisions of this chapter or any law regulating traffic or the operation of motor vehicles or the commission of any misdemeanor or felony or any conduct which might tend to render the operation of any motor vehicle unsafe or failure to provide reasonable service to the public shall be considered cause for the revocation or suspension of a license under this subsection.
A. 
License required. It shall be unlawful for any person to own and operate or permit the operation of a taxicab/livery upon the streets of the City without first having obtained a taxicab/livery license therefor under the provisions of this section.
B. 
Expiration. Such taxicab/livery license shall expire on December 31 after the issuance thereof.
C. 
Application. Application for a taxicab/livery license shall be made by the owner of the taxicab to the City Clerk/Treasurer. Such application shall contain the owner's name, age and residence of the person applying for the license, the type of motorcar to be used, the horsepower, the factory number, the state license number, the number of years the vehicle has been driven, the seating capacity, whether the applicant has been convicted of a crime, whether the vehicle was previously licensed as a taxicab and, if so, where and whether any license to operate a taxicab/livery has ever been revoked or suspended and, if so, for what cause and shall be accompanied by proof that the applicant has in force and effect workers' compensation insurance and disability benefits insurance or, if the applicant has no employees, submission of Workers' Compensation Board Form, C.E. 200, together with such other information relating to the qualifications and fitness of the applicant which the Chief of Police/Director of Public Safety may deem necessary.
[Amended 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
D. 
Approval of application; issuance. After an investigation and inspection of the vehicle, if such application for a taxicab/livery license is approved by the Chief of Police/Director of Public Safety, such approval shall be made, in writing, and the application, together with the approval, filed with the City Clerk/Treasurer. The City Clerk/Treasurer shall thereupon issue a taxicab/livery license and a decal to be placed upon such taxicab/livery by the Police Department.
[Amended 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
E. 
Display of license. Such taxicab/livery license shall be displayed at all times in a conspicuous place on the inside of the vehicle. The decal shall be displayed on the left lower corner of the left front window of the taxicab/livery.
F. 
Transferability. The taxicab/livery license issued pursuant to this section shall be transferable to another vehicle of the holder only upon application approved by the Chief of Police/Director of Public Safety. Upon approval of such application, the Chief of Police/Director of Public Safety shall remove the decal from the taxicab/livery from which the license is being transferred and place a new decal upon the taxicab/livery to which the license is being transferred.
G. 
Revocation; suspension. A taxicab/livery license may be revoked or suspended at any time for cause after a hearing by the Chief of Police/Director of Public Safety. The use of the vehicle licensed with knowledge for immoral or illegal purposes or in violation of any section or law governing the operation of motor vehicles or use of a taxicab/livery which is not kept in proper repair or failure to provide adequate service to the public are sufficient causes for the suspension or revocation of such license.
H. 
Effective January 1, 2018, the maximum allowable vehicle age in order to obtain a taxicab and/or livery vehicle license shall be a 10 model-year age from the current licensing year.
Holders of taxicab/livery licenses pursuant to this chapter shall not remove such licensed taxicabs/liveries from service at any time without prior approval of the Chief of Police/Director of Public Safety. Failure to comply with this section shall be cause for revocation or suspension of the license pursuant to § 274-7G.
Every taxicab/livery and the equipment used in connection therewith shall at all times be clean and sanitary and shall be kept in proper physical condition to the satisfaction of the Chief of Police/Director of Public Safety so as to render safe, adequate and proper public service and so as not to be a menace to the safety of passengers or of the general public.
A. 
The Chief of Police/Director of Public Safety may at any time compel a taxicab/livery permit holder to submit any taxicab/livery owned by such holder to an inspection of its mechanism and equipment by an official inspection station designated by the Chief of Police/Director of Public Safety. The Chief of Police/Director of Public Safety shall compel such inspection at least two times in each year of 12 consecutive months and shall designate the station at which such inspections shall be made. The taxicab/livery owner shall be responsible for the inspection fee charged by the inspection station. No taxicab/livery shall be operated and driven after each such inspection until all defects found in its mechanism or equipment by such inspection have been corrected and the operator of such station certifies, in writing, to the Chief of Police/Director of Public Safety, that the taxicab/livery was inspected at such station and that all defects in its mechanism and equipment have been corrected. A fee as indicated in § 175-3A(1) of this code, payable to the City of Jamestown, shall be added to said inspection fee for each additional inspection required to correct defects in mechanism or equipment following a failed inspection.
B. 
The Chief of Police/Director of Public Safety shall have the power at any and all times to inspect any taxicab/livery or other equipment used in connection therewith, and the permit holder shall make such repairs and adjustments or cause such repairs or adjustments to be made when ordered so to do by the Chief of Police/Director of Public Safety.
[Amended 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
License fees to be paid to the City Clerk/Treasurer at the time of the issuance of licenses shall be as provided in Chapter 175, Licenses and Permits.
No taxicab/livery license shall be issued to any person unless he has fully complied with the provisions of § 370 of the State Vehicle and Traffic Law relating to posting of a bond, required insurance, notice in case of accident, etc. Failure to comply with such section shall be sufficient cause for the suspension or revocation of the license.
[Amended 8-28-2017; 11-25-2019 by L.L. No. 1-2020]
The provisions of this chapter shall not apply to common carriers or other vehicles displaying livery license plates which have previously filed with the City Clerk/Treasurer satisfactory proof of current, up-to-date New York State Department of Transportation inspections for each vehicle for hire and current, up-to-date Article 19-A Vehicle and Traffic Law certification for each operator of said vehicle for hire. In the event that this documentation is not provided to the City Clerk/Treasurer a minimum of every six months, the provisions of this chapter shall be applicable as otherwise stated.