[HISTORY: Adopted by the City Council of the City of Ogdensburg 12-15-1975 as Ch. 23 of the 1975 Ogdensburg Municipal
Code.[1] Amendments noted where applicable.]
As used in this chapter, unless the subject matter or context
otherwise requires, the following terms shall have the meanings indicated:
Includes permission granted by the City of Ogdensburg, New
York, to any person to drive upon the streets of such City any licensed
livery/limo/taxicab.
Includes any motor vehicle engaged in the business of or
at any time used to carry persons for hire except vehicles subject
to the provisions of the Transportation Corporations Law.
[Amended 2-28-2022 by Ord. No. 2-2022[1]]
Any person who drives a livery/limo/taxicab whether such
person is the owner of such livery/limo/taxicab or employed by a livery/limo/taxicab
owner or operator.
Includes permission granted by the City of Ogdensburg, New
York, to any person to operate or keep for hire any livery/limo/taxicab
in such City.
Includes the owner of any livery/limo/taxicab or livery/limo/taxicabs
for which a livery/limo/taxicab license has been issued hereunder.
Includes any place which is exclusively reserved by the City
Council for the use of livery/limo/taxicabs.
Includes any person owning or having control of the use of
one or more livery/limo/taxicabs for hire upon the streets of the
City of Ogdensburg, New York, or engage in the business of operating
a livery/limo/taxicab or which is at any time used to carry passengers
for hire.
Includes any street, alley, avenue, bridge, lane or public
place in the City of Ogdensburg, New York.
[1]
Editor's Note: This ordinance also repealed the definition
of "livery," which immediately followed this definition.
No person shall operate or keep for hire or pay within limits
of the City of Ogdensburg, New York, any livery/limo/taxicab without
first having obtained and paid for a livery/limo/taxicab license and
having the same in force and effect under the provisions of this chapter.
No person shall drive a livery/limo/taxicab and no person shall
permit anyone to drive a livery/limo/taxicab within the limits of
the City of Ogdensburg, New York, without such driver having first
obtained and paid for and having in force and effect a driver's license
under the provisions of this chapter.
A.
General requirements. Each applicant for a driver's license must
comply with the following to the satisfaction of the Chief of Police:
(1)
Must first have obtained a state chauffeur's license.
(2)
Must be of the age of 18 years of age or over.
(3)
Must be of sound physique with good eyesight and not subject to any
infirmity of body or mind which might render him unfit for the safe
operation of a public vehicle.
(4)
Be able to read and write the English language.
(5)
Be clean in dress and person and not addicted to the use of intoxicating
liquors or drugs.
(6)
Produce affidavits of good character from two reputable citizens
of the City of Ogdensburg, New York, who have known him personally
and have observed his conduct for at least one year preceding the
date of his application.
(7)
Furnish the Chief of Police with a statement giving his full name,
residence, places of residence for five years previous to moving to
his present address, age, whether a citizen of the United States,
places of previous employment, whether he has ever been arrested or
convicted of a felony or a misdemeanor, whether he has ever had a
driver's or chauffeur's license revoked and for what cause and the
number of the chauffeur's license issued by the state.
B.
Chief of Police; powers and duties. This statement shall be signed
and sworn to by the applicant if the Chief of Police so requires.
Any false or misleading statement of the applicant shall be grounds
for withholding or revocation of a driver's license. The Chief of
Police is also hereby authorized and empowered to require such additional
information from applicants as he may deem necessary. The Chief of
Police may, in his discretion, examine any applicant for a driver's
license as to his knowledge of the provisions of this chapter, the
Vehicle and Traffic Law of the State of New York and as to the applicant's
skill and ability to safely handle his vehicle.
A.
Citizenship required. No person shall be issued a driver's license
unless such person is a citizen of the United States.
B.
Convictions. No driver's license shall be issued to any applicant
who has, within five years prior to the date of the application, committed
a felony or is, at the time of the application, under indictment for
a felony, nor shall any license be issued to any person who has been
convicted of two misdemeanors within the two years next preceding
the application for said license.
C.
Issuance; term; display. Upon fulfillment of the foregoing requirements
to the satisfaction of the Chief of Police and upon the conclusion
of said Chief of Police that the applicant is a proper person to be
given a driver's license, there shall be issued to the applicant a
license stamped by the Seal of the City. Each driver's license shall
be issued as of July 1 of each and every year, and shall be valid
to and including June 30 next succeeding, unless previously suspended
or revoked. The chauffeur's license of the driver shall be displayed
by the licensee at all times when driving or operating or while in
charge of any livery/limo/taxicab and the driver's license shall be
carried by the licensee and displayed when requested by patrons or
the police authorities.
The Chief of Police may renew a driver's license from year to
year upon payment of the fee as prescribed in this chapter.
A driver's license may at any time be suspended or revoked for
cause after a hearing by the Chief of Police. Any violation of any
of the provisions of this chapter or of 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 a motor vehicle unsafe, improper or unpleasant for the public or
any failure to provide prompt, efficient service to the public shall
be considered cause for the revocation or suspension of a driver's
license under this chapter.
A livery/limo/taxicab license shall be issued as of July 1 and
shall expire June 30 next succeeding unless suspended or revoked.
Application for a livery/limo/taxicab license shall be made by the
owner upon a blank form furnished by the City Clerk. Such application
shall contain:
A.
The name, age and residence of the person applying for the license.
B.
The make and type of vehicle to be used, the horsepower, the vehicle
identification number, the state license number, the model year and
the seating capacity.
C.
Whether previously licensed to operate a livery/limo/taxicab and,
if so, where.
D.
Whether the license to operate a livery/limo/taxicab has ever been
revoked or suspended and, if so, for what cause.
E.
A certificate of the State Commissioner of Motor Vehicles or other
evidence satisfactory to the Chief of Police that the applicant has
complied with the provisions of § 370 of the Vehicle and
Traffic Law of the State of New York.
F.
Such other information as the Chief of Police may deem necessary.
A.
Investigation. Upon the filing of an application the Chief of Police
shall thereupon make an investigation of the applicant and of the
vehicle to be licensed. The Chief of Police shall thereupon either
approve or disapprove of the issuance of a license, taking into consideration
the character of the owner and whether or not the vehicle is fit or
suitable for public patronage.
B.
Citizenship and residency. No person shall be issued a livery/limo/taxicab
license unless such person is a citizen of the United States and a
resident of the State of New York.
C.
Convictions. No livery/limo/taxicab licenses shall be issued to any
applicant who has, within five years prior to the date of the application,
committed a felony or is, at the time of the application, under indictment
for a felony, nor shall any license be issued to any person who has
been convicted of two misdemeanors within the two years preceding
the application for said licenses.
D.
Issuance; term. Upon fulfillment of the foregoing requirements to
the satisfaction of the Chief of Police and upon the conclusion of
said Chief of Police that the applicant is a proper person to be given
a livery/limo/taxicab license, there shall be issued to the applicant
a license stamped by the Seal of the City. Each livery/limo/taxicab
license shall be issued as of July 1 of each and every year and shall
be valid to and concluding June 30 next succeeding, unless previously
suspended or revoked.
Livery/limo/taxicab licenses may be revoked or suspended at
any time for cause after a hearing by the Chief of Police if the vehicle
shall be used for immoral or illegal business or purpose or for a
violation of any ordinance or a law governing the operation of motor
vehicles or for the failure to provide adequate service to the public.
A.
The following license fee shall be paid for a driver's license or
renewal thereof: $50 per driver, except that no license fee shall
be charged to an owner who exclusively drives his own livery/limo/taxicab.
B.
Owners who drive their own livery/limo/taxicabs shall, however, be
required to obtain a driver's license as provided herein except that
the same shall be issued without cost upon the payment of the license
fee of their vehicles.
The following license fee shall be charged for each livery/limo/taxicab
licensed: $75.
It shall not be lawful for any person to operate a livery/limo/taxicab
or permit a livery/limo/taxicab to be operated within the City of
Ogdensburg unless and until he fully complies with all provisions
and requirements of § 370 of the Vehicle and Traffic Law
of the State of New York nor shall any license hereunder be issued
until or unless an applicant therefor fully complies with the provisions
and requirements of said § 370. Upon noncompliance of any
licensee hereunder at any time with the provisions and requirements
of said § 370, the Chief of Police shall forthwith suspend
or revoke the license of such licensee.
A.
No person shall operate a livery/limo/taxicab stand within the City
of Ogdensburg unless such location is approved by the City Council.
B.
All persons or organizations desiring to operate a livery/limo/taxicab
stand within the City of Ogdensburg shall submit an application for
review by the City Council.
C.
All applications for permission to operate a livery/limo/taxicab
stand shall contain a written statement as to the proposed location
of said livery/limo/taxicab stand and the number of vehicles anticipated
to use such location as a livery/limo/taxicab stand.
D.
No real estate belonging to the City of Ogdensburg shall be used
for the purpose of operating a livery/limo/taxicab stand.
E.
The City of Ogdensburg shall not participate in the management or
operation of any livery/limo/taxicab stand in any location approved
by the City Council.
F.
This section shall not apply to any individual who uses his residential
driveway as a place of operating a livery/limo/taxicab if such use
is limited to that individual only.
G.
Any person violating any of the provisions of this section, other than Subsection D, shall be guilty of a violation and, upon conviction, shall be punished as follows:
H.
Any person who violates Subsection D of this section shall be punishable as follows:
(1)
First offense: a fine of not less than $75 and not more than $150.
(2)
Second offense: a fine of not less than $150 and not more than $300.
(3)
Third offense: a fine of not less than $250 and not more than $500.
(4)
Subsequent offenses: suspension of the offender's permit to operate
a livery/limo/taxicab within the City of Ogdensburg.
[Amended 6-10-2013 by Ord. No. 9-2013]
It shall be the duty of each livery/limo/taxicab driver to display
his/her livery/limo/taxicab license and the rates charged in a prominent
place in the cab in full view of all passengers.
[Added 6-10-2013 by Ord.
No. 9-2013]
Every livery/limo/taxicab licensed to conduct business in the
City of Ogdensburg shall be affixed with a sign identifying the company
name and telephone number. Such signs shall be attached to the vehicle
on both front doors and must be clean and readable at all times.
[Amended 6-10-2013 by Ord. No. 9-2013]
Any person who shall violate any provision of this chapter for
which no punishment is specifically provided shall be guilty of a
violation and, upon conviction for such violation, shall be punished
by a fine of not more than $250, or revocation of livery/limo/taxicab
license to conduct business in the City of Ogdensburg.
