[Adopted 7-2-1986 by Ord. No. 86-6 (Ch.
23 of the 1975 Municipal Code)]
Unless otherwise expressly stated or unless
the context otherwise requires, whenever used in this article, the
following words shall have the following meanings:
The Chief of Police or his/her designee.
Any person owning or having control of the use of one or
more taxicabs used for hire upon the streets of the City of Ithaca
or engaged in the business of operating a taxicab.
The person in whose name the New York State license is issued
pursuant to the Vehicle and Traffic Law.
Where used in the rate schedule,[1] refers to parties together and with the same points of
origin and destination.
Any highway, street, alley, avenue, court, bridge, lane or
public highway or any other public way in the City of Ithaca.
Any motor vehicle engaged in the business of carrying persons
for compensation, whether the same is operated from a street stand
or subject to calls from a garage or radio station or otherwise operated
for compensation, except vehicles subject to the provisions of the
Transportation Law or used by undertakers in carrying on their undertaking
service.
Any such person who drives taxicabs, whether such person
is the owner of such taxicab or is employed by a taxicab owner or
operator.
Permission granted by the City of Ithaca to any person to
drive upon the streets of such City by any licensed taxicab.
Permission granted by the City of Ithaca to any person to
operate or keep for hire any taxicab in such city.
Any place alongside the curb of a street or elsewhere which
is designated for the use of taxicabs.
[1]
Editor's Note: The Taxicab Zones and Rates
Schedule is located at the end of this chapter.
[Amended 2-3-2016 by Ord.
No. 2016-03]
No person shall operate or drive a taxicab without having in
force and effect a taxicab driver's license in accordance with the
provisions of this article. No person shall be issued a taxicab driver's
license unless such person:
A.
Has a valid New York State chauffeur's license.
B.
Is over the age of 18 years.
C.
Is of sound mind and body, with good eyesight and not subject to
any infirmity of mind or body which renders the applicant incapable
or unfit to safely operate a taxicab. Each applicant shall produce
a medical certificate signed by a licensed physician, physician's
assistant, or nurse practitioner dated not more than 30 days prior
to the application certifying that the applicant is physically qualified
to operate a motor vehicle.
D.
Is clean in dress and person and is not addicted to either intoxicating
liquor or to the use of drugs.
E.
Meets the standards embodied in Article 23-A of the New York Correction
Law if he or she has previously been convicted of one or more criminal
offenses.
[Amended 8-5-1992 by L.L. No. 3-1992; 3-6-2013 by Ord. No.
2013-01; 2-3-2016 by Ord. No. 2016-03]
A.
Contents.
(1)
Every applicant for a taxicab driver's license shall submit a signed
and sworn application upon such forms as shall be required by the
Chief of Police, showing compliance with the requirements hereinabove
set forth and such other information as shall be deemed necessary
and reasonable by the Chief of Police in the interest of safety, health
and welfare. Such information that is required by the Chief of Police
shall include but not be limited to a statement giving:
(a)
The full name and place of residence of the applicant.
(b)
The applicant's date of birth, height, color of eyes and hair,
and place of birth.
(c)
Whether or not the applicant is a citizen of the United States.
(d)
Places of employment for the previous five years.
(e)
Whether the applicant has ever been convicted of a felony or
misdemeanor.
(f)
Whether the applicant's driver's license has ever been suspended
or revoked and, if so, for what cause.
(g)
The chauffeur's license number issued by the state.
(2)
Submit a certification of physical examination to be signed by a
licensed physician, physician's assistant, or nurse practitioner.
(3)
Such statement shall be signed and sworn to by the applicant and
filed with the Chief of Police.
B.
False information; effect and action thereon. Any false statement
by the applicant for a taxicab driver's license shall be cause for
refusing the license or revoking the license after it is issued, and
any such false statement shall be promptly reported by the Chief of
Police to the District Attorney.
C.
Photographs of drivers. Each applicant for a taxicab driver's license
must file with his/her application two unmounted, unretouched, good-likeness
photographs of the applicant, full face size, two inches by two inches.
The face portion shall not be less than 1 3/4 inches high, with
the balance in normal perspective proportion. The photograph shall
be taken within 30 days of the date of the application by means of
a permanent, nonfading process. The applicant shall be hatless in
the photograph. A copy of the photograph shall be filed with the application
and another copy attached to the license to be issued hereunder. If
the applicant does not have the means to produce such photograph,
the Ithaca Police Department will make arrangements to have the photograph
taken.
D.
Fingerprinting of drivers. The applicant shall have fingerprints
taken every three years. The criminal history report that is returned
with the fingerprints shall be submitted to the Ithaca Police Department
as part of the application.
E.
Authorization for investigation. Accompanying each application, the
applicant shall furnish to the Chief of Police, on a form provided
by the Chief of Police, a signed authorization by the applicant permitting
any person to divulge and report to the Chief of Police any matter
which might otherwise be confidential, without limitation except as
required by law.
F.
Investigation. After receipt of an application, the Chief of Police
shall institute an investigation of the applicant, including the applicant's
driving record, and no license shall be issued under the provisions
of this article until the Chief of Police has indicated, in writing,
approval thereof after such investigation has been completed.
G.
Refusal of license. If the results of the investigation are unsatisfactory,
in the opinion of the Chief of Police, the applicant shall be refused
a license, subject to the provisions hereof for hearings.
A.
Upon the approval by the Chief of Police of the application
for the taxicab driver's license in accordance with the foregoing
procedures, the Chief of Police is authorized to issue a taxicab driver's
license to the applicant. The license shall be in a form to be prescribed
by the Chief of Police and shall contain thereon adequate identification,
a photograph and the signature of the driver. The photograph shall
be so attached to the license that it cannot be removed and another
photograph substituted without detection. Each license shall be stamped
by the Seal of the City upon a portion of the photograph. All licenses
shall be numbered in the order in which they are issued and shall
contain the name of the licensee and the expiration date of the license.
A license shall be rendered invalid if defaced, altered or obliterated
in any way or if any entry is made thereon by other than the Chief
of Police.
B.
Such license shall be for a period to expire one year
from the date of issuance, unless sooner suspended or revoked.
The taxicab driver's license shall be displayed
by the licensee at all times when driving or operating or while in
charge of any taxicab. The driver shall not permit the license to
be used by any other person.
Renewals shall be upon the same basis as a new
application, provided that the application is filed not less than
30 days nor more than 60 days prior to the expiration of the current
license on forms supplied by the Chief of Police.
A.
Upon the filing of an application, as partial reimbursement
to the City for the cost of investigation and processing of the license,
there shall be paid $10 upon the filing of an original application
and $5 for the application for renewal of an existing license. Such
application fees will not be refunded in the event that the application
is denied.
B.
In the event that a license described in this article
has been lost, destroyed or stolen, the Chief of Police shall cancel
the particular license number on the records of the Department and,
upon the payment of a replacement fee of $5, issue a new license.
It shall be unlawful for any person to use or
keep for hire within the City any taxicab without first having obtained
a license therefor and having the same in force and effect in accordance
with the provisions of this article.
[Amended 2-4-1998 by Ord. No. 98-2; 2-3-2016 by Ord. No. 2016-03]
A.
Taxicab license application. Application for taxicab licenses shall
be made by the owner of each business on forms to be furnished by
the Chief of Police. The completed application shall contain:
(2)
Prior license history of owner: whether the owner has been previously
licensed to operate a taxicab in the City or elsewhere and, if so,
the particulars thereto.
(3)
Vehicle information required for each operating taxicab: the make
of the motor vehicle, the year, the engine and body serial number,
the state registration number, the length of time and mileage that
the vehicle has been driven, and the seating capacity according to
its trade rating.
(4)
Vehicle inspection: Proof of New York State inspection made within
30 days of the license application shall be submitted by the applicant
for each vehicle in operation. In addition, the Chief of Police, or
his/her designee, shall inspect said vehicles to ensure that the interior
and exterior of each vehicle is maintained in a clean and sanitary
condition, and that the signage requirements of this article are complied
with, and reinspection of each vehicle may be made from time to time
by the Chief of Police or his/her designee. Each vehicle shall be
submitted to a New York State inspection annually.
(5)
Vehicle liability insurance: proof of insurance in accordance with
the minimum amounts as specified by the City, which such minimum levels
shall be updated from time to time, and shall be available for review
on the City's website and/or in person at the Ithaca Police Department.
B.
Vehicle type authorized. All taxicabs shall be of vehicle types approved
by the New York State Department of Motor Vehicles for use as a taxicab.
C.
Investigation. After receipt of an application, the Chief of Police
shall institute an investigation of the applicant, including the applicant's
driving record, and no license shall be issued under the provisions
of this article until the Chief of Police has indicated, in writing,
approval thereof after such investigation has been completed.
D.
Issuance of license.
(1)
Upon completion of the investigation aforesaid, the Chief of Police
is authorized to issue a taxicab license upon determining:
(a)
That there are no false statements or concealed facts in the
application.
(b)
That all application requirements have been satisfied.
(c)
That each and every applicant, as specified in Subsection A(1) of this section, meets the standards embodied in Article 23-A of the New York Correction Law if he or she has previously been convicted of one or more criminal offenses.
(d)
That there are no other grounds for refusal. In this regard,
the license may be refused for any reason which, in the opinion of
the Chief of Police, may be detrimental to the best interest of the
general public both in welfare and safety, provided that, in the making
of such determination, the Chief of Police shall set forth specific
reasons for such disapproval. Such findings shall be subject to hearings
as provided by this article.
(2)
Such license shall be for a period of 12 months from the date of
issuance, unless sooner revoked.
E.
Renewal of taxicab license. The same procedures shall be followed
as for original applications. Every person to whom an owner's license
is issued shall have the right to renew said license within 30 days
of the expiration date, provided that the other requirements of this
article are complied with.
A.
A fee of $25 per vehicle per 12 calendar months from
date of issuance shall be levied, payable upon application. No reimbursement
shall be made in the event of disapproval.
B.
In the event that a licensed vehicle is removed from
service and a substitute vehicle meets all other requirements of this
article, a vehicle substitution license may be issued by the Chief
of Police for a fee of $5. The term of this substitute vehicle license
will coincide with that of the original taxicab license.
No taxicab license is assignable from one person,
company or corporation to another person or entity.
Notwithstanding the foregoing, any holder of an existing taxicab license may be issued thirty-day temporary licenses for leased or owned taxicabs, provided that these taxicabs are otherwise in compliance with § 232-64A(3), (4), (5) and (6) above. The fee for each temporary license shall be $25.
A.
Grounds. A taxicab license may be revoked or suspended
at any time at the discretion of the Chief of Police if the vehicle
is used for criminal business or purposes or if the licensed owner
is convicted of a violation of this article.
B.
Surrender of license. Whenever any taxicab license
is revoked, the same shall be surrendered to the Chief of Police.
If a taxicab license is suspended, the same shall be surrendered to
the Chief of Police and retained by him/her until the suspension period
expires.
C.
Automatic revocation. In the event that any person
to whom a taxicab license is issued has such license suspended on
three occasions, such owner's license shall be revoked.
A.
Drivers' rules. Every person operating a taxicab for business purposes
licensed pursuant to this article shall:
[Amended 3-6-2013 by Ord. No. 2013-01]
(1)
Nondiscrimination: not refuse or neglect to convey any orderly person
upon request in the City unless previously engaged or unable or forbidden
by the provisions of this article or any other applicable law. Notwithstanding
the foregoing, no driver licensed under this chapter shall discriminate
on the basis of actual or perceived age; creed; color; disability;
domestic violence victim status; ethnicity; familial status; gender;
gender identity or expression; height; immigration or citizenship
status; marital status; military status; national origin; predisposing
genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; weight; or location within the City of Ithaca.
[Amended 2-3-2016 by Ord.
No. 2016-03; 1-4-2017 by Ord. No. 2017-02]
(2)
Multiple passengers: not carry any other person than the first person
employing the taxicab unless the person first employing the taxicab
shall not object to the acceptance of each additional passenger.
(3)
Trip records: keep a written record in ink of all trips on a form
approved by the Chief of Police. Entries on such forms shall be made
as each trip is completed.
(4)
Lost articles: examine the interior of the vehicle after the termination
of each trip for any articles left or lost in the vehicle and immediately
take such property to the desk officer at the Police Department, in
compliance with Article 7-B of the Personal Property Law.
(5)
Accident reports: report all accidents as required by the Vehicle
and Traffic Law to the Police Department. The Chief of Police may
require that a taxicab be reinspected prior to its return to service.
(6)
Change of residence: report each change of residence within 10 days
after such change to the Chief of Police.
(7)
Smoking or drinking on duty: not smoke while the vehicle is carrying
passengers, unless smoking is permitted by the passenger, and not
drink alcoholic beverages during any tour or shift of duty.
(8)
Rate cards for passengers: at all times while on duty have available
in the taxicab a supply of rate cards issued pursuant to this article,
which rate cards shall be furnished to any passenger requesting the
same and be displayed in a place designated by the Chief of Police.
(9)
Work schedule: not operate any vehicle:
(10)
Cooperation with police: not conceal any evidence of crime nor
voluntarily aid violators to escape arrest. A driver shall report
as soon as possible to the police any unlawful act connected with
such driver's vehicle or any attempt to use that vehicle to commit
a crime or escape from the scene of a crime.
(11)
Receipts to passengers: upon request of a passenger, issue a
receipt for fares paid by the passenger.
(12)
Nonpaying passengers: not permit any passengers in a taxicab
except a paying-fare passenger during such time as the taxi is being
used for business purposes or is being made available for the carrying
of paying passengers.
(13)
Locked doors: not operate a taxicab in which the doors in each
compartment cannot be unlocked from the inside.
B.
Duties of owner. The owner of every vehicle license
under the provisions of this article shall:
(1)
Vehicle cleanliness: maintain the interior and exterior
of the taxicab in a clean and sanitary condition.
(2)
Safety inspection: inspect the vehicle and its equipment
at least daily and make such repairs as may be required by the condition
of the vehicle and not allow any vehicle to be operated until repairs
are made to maintain safety of passengers and the public in general.
(3)
Authorized driver employees: employ only drivers who
present and have with them during the time of employment a currently
valid City of Ithaca taxi driver's license.
(4)
Work shift limitation: prohibit any taxi driver from
operating any vehicle:
(5)
Report on driver: report any driver to the Chief of
Police who would, in the opinion of the owner, not be qualified to
hold a driver's license, stating the reason therefor.
(6)
Municipal inspections: submit vehicles for inspection
whenever required by the Chief of Police.
(7)
Rate cards for passengers: maintain a supply of City
taxicab rate cards to be furnished to drivers in such owner's employ
in sufficient quantities so that the driver of a taxicab may be able
to deliver a rate card to each passenger that requests the same.
(8)
Operation records:
(a)
Provide each driver with a manifest and require
the following entries to be recorded thereon in ink during the course
of daily operation:
[1]
The make, year and vehicle registration number.
[2]
The name of the driver.
[3]
The time the vehicle commenced operation.
[4]
A record of all trips made in chronological
order, showing the destination, the time dispatch, the time returned
and the amount of the fare.
[5]
A statement of the licensee whether or not the
vehicle is clean and in safe operating condition at the start and
end of each work tour.
[6]
A record of all accidents and any other incident,
such as lost property or assistance to police, including all times
and places.
(b)
These records shall be retained by the owner
for at least three years and shall be furnished to the Chief of Police
within five working days after written request.
(9)
Color schemes and trademarks: maintain a licensed
taxicab with the colors with which it is registered at the time of
issuing of the license for the taxicab and avoid the use of any colors
which may tend to confuse the public as to the identity of the taxicab
or which might tend to cause unfair competition.
(10)
Interior light: provide each taxicab with sufficient
interior light so that when any door of the taxicab is open the light
shall automatically operate.
(11)
Seat belts: provide each taxicab with seat belts
in a number sufficient for each passenger therein.
(12)
Driver employees list: furnish current lists
of driver employees with the Chief of Police upon demand.
(13)
Driver delinquency reports: furnish reports
to the Chief of Police upon the discharge of any driver where the
discharge is based on the conduct of the driver in violation of this
article.
(14)
Driver hiring procedure: inquire at the office
of the Chief of Police prior to hiring any driver in order to ascertain
that the driver has a current Ithaca taxi driver's license.
(15)
Vehicle transfer: promptly report to the Chief
of Police the transfer of ownership of any vehicle licensed hereunder
and concurrently turn in to the Chief of Police the taxicab license
issued for the use of such vehicle.
(16)
Supervisory responsibility: be responsible for
diligently supervising all employees to assure compliance by them
with this article. The failure to do so may be cause for revocation
or suspension of the owner's taxicab license or licenses.
[Amended 3-5-1997 by Ord. No. 97-3; 2-4-1998 by Ord. No. 98-2; 5-3-2000 by Ord. No.
2000-5; 8-6-2003 by Ord. No. 2003-14; 4-5-2006 by Ord. No. 2006-8; 9-6-2006 by Ord. No. 2006-12; 2-3-2016 by Ord. No. 2016-03; 7-7-2021 by Ord. No. 2021-04]
A.
The rate for taxicab fares that originate and terminate within the
City of Ithaca between the daytime hours of 6:00 a.m. and 6:00 p.m.
shall be $8.50. The rate for taxicab fares that originate and terminate
within the City of Ithaca between the nighttime hours of 6:00 p.m.
and 6:00 a.m. shall be $9.00.
B.
Except as otherwise provided in Subsection D below, the prices that may be charged by the owners or drivers of taxicabs for the transportation of a passenger within the City shall not exceed the cumulative, applicable amounts. Taxicab rates shall be reviewed by Common Council at the request of an owner of a licensed taxicab company but not more than once every calendar year. The following notice shall be conspicuously posted in full view of passengers: "Rate maps and schedules for fares that originate in the City of Ithaca are available upon request from the driver of this taxicab, according to City ordinance."
C.
Rates for trips outside of the City of Ithaca. The taxicab rate for
standard fares that originate within the City but terminate outside
of the City shall be as follows:
D.
Rate rules.
(1)
Children. One child five years of age or under shall ride free if
accompanied by an adult passenger. No driver shall be required to
convey any child under the age of five years unaccompanied by an adult.
(2)
Seniors. Passengers 65 years of age or older shall be granted a discount
of $1.50.
(3)
Additional passengers. A taxicab driver may charge a fare of $1.50
for each additional passenger of the same party and same destination.
(4)
Baggage. A surcharge of $3 will be charged for oversized luggage
and trunks that weigh 50 pounds or more.
(5)
Tip solicitation. No driver shall solicit tips, gratuities or any
additional charges other than those authorized by this article. However,
nonsolicited voluntary tipping is permitted.
(6)
Out-of-town flat rates. If the taxicab is engaged for an out-of-town
trip originating or terminating in the City of Ithaca, the taxicab
driver shall agree with the passenger prior to the commencement of
the trip for the rate to be charged, which shall include all tolls
required to be paid.
(7)
Prepayment. A taxicab driver shall have the right to demand payment
of the legal fare in advance and may refuse employment unless so prepaid.
(8)
Exclusive rides. A passenger may request an exclusive ride through
dispatch when arranging for transportation. If a passenger is not
willing to share a ride with others, a surcharge of $3 will be applied
to the regular fare.
(9)
Waiting time. After a person has hired a taxicab, there shall be
no charge for up to five minutes during which the taxicab waits for
the passenger at the passenger's request. There shall be a charge
of $2.50 for each additional five minutes or any portion thereof.
The taxicab driver shall inform the passenger of the charge for waiting
time at the time of request.
(10)
Disputed fares. In the event that there is a dispute between
the taxicab driver and a passenger with respect to a fare, the taxicab
driver shall notify a police dispatcher so that a police officer can
respond to help mediate the dispute. If the passenger then makes payment
according to the amount determined by said police officer, the passenger
shall be given a receipt by the taxicab driver of the amount paid,
which shall be witnessed by the police officer. If the passenger pays
under protest, such fact shall be recorded by the police officer,
who shall make a memorandum of the dispute and the disposition made.
The disposition of the dispute shall not be binding in a court.
(11)
Taxicab owners shall furnish each driver with a copy of the
rate rules, supplied by the City Clerk, and shall instruct their drivers
to apply the rules fairly and consistently, advising them that charges
must not be exceeded under any circumstances.
(12)
Fuel surcharge. In the event of an energy/gasoline crisis or
when gasoline prices exceed $4 per gallon for a period of 30 days
or longer, a fuel surcharge may be implemented by Common Council.
This surcharge will be added to the base fare.
A.
Generally. It shall be unlawful for any taxicab not
licensed to operate in the City of Ithaca pursuant to this article
to occupy any portion of a taxicab stand in the City of Ithaca. No
taxicab shall stand within 10 feet of any crosswalk or remain unattended
at any taxicab stand.
B.
Number and location. The City Traffic Engineer and
the Chief of Police shall designate the location of taxicab stands
in the City using metal signs. They shall specify whether or not the
stands are for exclusive use by taxicabs.
[Amended 2-3-2016 by Ord.
No. 2016-03]
A.
Reasons. The Chief of Police may suspend, cancel or revoke a taxicab
driver's or taxicab license and may refuse to approve an application
or a renewal thereof for any of the following reasons:
(1)
Violations: The applicant or licensee has not satisfied or has violated
any of the provisions of this article.
(2)
Prior revocation or suspension: The applicant, any officer, director,
stockholder or partner or any other person directly or indirectly
interested in the application for a taxicab license was the former
holder or was an officer, director, partner or stockholder in a corporation
or a partnership which was the former holder of a taxicab license
which had been revoked or suspended.
(3)
Unfit applicant or licensee: The Chief of Police finds the applicant
or licensee not fit to be a licensee in the best interest of the public
welfare and safety.
(4)
If the vehicle is used for criminal business or purposes, the licensee
is convicted of a violation of this article, or the licensee is convicted
of a criminal offense such that he or she fails to meet the standards
as embodied in Article 23-A of the New York Correction Law.
(5)
In the event that any licensee has such license suspended on three
occasions, the license shall be revoked automatically.
B.
Surrender of license. Whenever a license is revoked, it shall be
surrendered to the Chief of Police. If a license is suspended, it
shall be surrendered to the Chief of Police and retained by him/her
until the suspension period expires.
C.
Hearing. Any taxicab driver or taxicab owner whose license has been
suspended or revoked or who has had a renewal refused or any individual
to whom an initial license has been refused shall be granted a hearing
before the Community Police Board within 30 days after written request
therefor has been made to the Chief of Police. At the hearing, such
person shall have an opportunity to rebut by evidence or testimony
such suspension, revocation or refusal. The Community Police Board
is authorized to affirm, reverse or modify in any respect the action
of the Chief of Police.
