[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
A person licensed to drive a taxicab or livery in the City
of Jamestown.
A person, firm or corporation owning and operating five or
more taxicabs or liveries.
A person, firm or corporation owning and operating fewer
than five taxicabs or liveries.
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.
Includes any person, firm, corporation or association owning
and operating one or more taxicabs or liveries.
A person who owns a taxicab or livery and drives his own
vehicle exclusively.
Includes individuals, firms and corporations.
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.
A taxicab/livery owner or operator stationed
outside of the City may discharge passengers within the City without
obtaining a 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.
