Village of Elmsford, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 9-13-2004 by L.L. No. 8-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Traffic Violations Bureau — See Ch. 72.
Vehicles and traffic — See Ch. 316.
[1]
Editor's Note: This local law also repealed former Ch. 304, Taxicabs, adopted 5-15-1967, as amended.
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meaning given to them by this section:
BUS
Every motor vehicle having a seating capacity of 15 or more passengers in addition to the driver and used for the transportation of persons.
CRUISING
The operation of a taxicab or livery upon the streets of said Village when not employed by a passenger and, by words or actions, soliciting employment.
DISPATCHER
Includes any person owning or having control of the use of one or more taxicabs, or holding one or more taxicab permits and/or any person who controls or otherwise authorizes the dispatch of taxicabs.
DISPATCHER'S LICENSE
The written permission granted by the Village of Elmsford pursuant to this chapter for a person to control or otherwise authorize the dispatch of a taxicab within the Village.
HACKING
Any actions, words or gestures by which a driver of a taxicab or livery attempts to solicit or solicits a prospective passenger for hire.
LIVERY
Every motor vehicle other than a taxicab or a bus, used in the business of transporting passengers for compensation, including a limousine, which such motor vehicle is licensed by the County of Westchester as a livery. However, it shall not include vehicles which are rented or leased without a driver.
LIVERY DRIVER
Any person who drives a livery.
LIVERY LICENSE
Includes written permission granted by the County of Westchester to operate a specified livery upon the streets of said county.
MASTER FEE SCHEDULE
The Master Fee Schedule of the Village of Elmsford as maintained by the Village Clerk, as same may be amended from time to time by resolution of the Board of Trustees of the Village of Elmsford.
PERSON
Includes a corporation, partnership, association or other legal entity, as well as an individual.
POLICE DEPARTMENT
The Police Department of the Village of Elmsford.
STREET
Includes any street, highway, alley, avenue, court, bridge, lane or public place in the Village of Elmsford, within the corporate limits of said Village.
TAXICAB
Every motor vehicle, other than a bus or livery, used in the business of transporting passengers for compensation, and operated in such manner as to pick up passengers within the Village of Elmsford. However, it shall not include vehicles which are rented or leased without a driver, or vehicles subject to the provisions of the Transportation Law of the State of New York, or vehicles used by undertakers in carrying on their undertaking business.
TAXICAB DRIVER
Any person who drives a taxicab.
TAXICAB DRIVER'S CERTIFICATE
The written permission granted by the Village of Elmsford pursuant to this chapter to drive a taxicab upon the streets of said Village.
TAXICAB PERMIT
The written permission granted by the Village of Elmsford pursuant to this chapter to operate a specified taxicab upon the streets of said Village in such manner as shall include the pickup of passengers within said Village.
TAXICAB STAND
Includes any place alongside the curb of any street or elsewhere which is exclusively reserved for the use of taxicabs.
A. 
It shall be unlawful for any person to own or operate upon the streets within the Village of Elmsford any taxicab for purposes which include the pick up of passengers within the Village without first having obtained under the provisions of this chapter a taxicab permit in full force and effect under the provisions of this chapter from the Police Department.
B. 
It shall be unlawful for any person to drive or operate a taxicab upon the streets within the Village of Elmsford for purposes which include the pickup of passengers within the Village without first having obtained a taxicab driver's certificate in full force and effect under the provisions of this chapter from the Police Department.
C. 
It shall be unlawful for any person to dispatch a taxicab to any location within the Village to pick up passengers or to solicit or receive requests for taxicab service from within the Village without having first obtained a dispatcher's license in full force and effect under the provisions of this chapter from the Department.
D. 
All such approvals issued under this chapter shall be issued for a period of one year and expire one year from the date of issuance, subject to renewal as provided in this chapter.
A. 
Application. Application for a taxicab permit shall be made by the owner of the taxicab upon forms furnished by the Police Department. No permit shall be issued unless said person applying and said vehicle are affiliated with a dispatcher duly licensed under the provisions of this chapter. No permit shall be issued to a person convicted of a felony. Such application shall contain:
(1) 
The name, address and business office address of the owner of such vehicle.
(2) 
If the vehicle is registered to a person other than the owner, the name and address and place of business of the person, firm, partnership, corporation or other entity to whom the vehicle is registered.
(3) 
The make, model and year of the vehicle.
(4) 
Vehicle identification number (VIN) of the vehicle.
(5) 
Vehicle registration number and a copy of the current New York State vehicle registration.
(6) 
Evidence of current inspection and insurance in compliance with New York State law.
(7) 
A representation that the vehicle complies with all requirements and standards of the New York State Vehicle and Traffic Law.
(8) 
Place and date of any previous permits in the Village or similar approvals of other jurisdictions for the ownership or operation of a taxicab.
(9) 
Whether the applicant's license to own or operate a taxicab has ever been suspended or revoked and, if so, for what cause.
(10) 
The name of the dispatcher for the vehicle.
(11) 
Written consent of the dispatcher for said vehicle.
(12) 
A schedule setting forth the rates/fares to be charged for use of the taxicab.
(13) 
Such other information as the Police Department and/or the Village may deem necessary.
(14) 
The following statement: "It is a crime punishable as a Class A misdemeanor to knowingly make a false statement herein. Any false statements by the owner of a taxicab shall be promptly reported to the Village's Prosecuting Attorney."
B. 
Permit sticker. Upon the approval of the application for a taxicab permit and the payment of the nonrefundable permit fee hereinafter set forth, the subject taxicab shall be permitted by delivering to the owner a sticker of such size and form as may be prescribed by the Police Department. The sticker shall contain the official permit number of the taxicab, together with a statement to the effect that in case of any complaints, the Police Department shall be notified, giving the permit number of the taxicab. The permit sticker shall be affixed to the vehicle by an officer of the Police Department in the lower area of the driver's side of the rear window of such taxicab. Any permitee who defaces, obliterates or changes any official entry made upon the permit sticker shall have his permit revoked. If a taxicab shall be disabled, disqualified for service or sold, the permittee thereof shall promptly notify the Police Department, in writing, of said fact. In the event that a permitted taxicab is to be replaced by a new taxicab, the Police Department may, upon payment of a nonrefundable fee as set forth in the Master Fee Schedule as may be amended from time to time, remove the permit from the existing vehicle and issue a new sticker for the new taxicab upon proof submitted by the owner in the form of an affidavit that such formerly permitted taxicab has taken out of service and will not be used in connection with his operation.
C. 
Renewal. At least 30 days prior to the expiration date of a taxicab permit, the permittee shall apply for a renewal upon forms furnished by the Police Department and pay a nonrefundable renewal fee as set forth in the Master Fee Schedule as may be amended from time to time. Proof of liability insurance and that the applicant is the owner or registrant in compliance with the Vehicle and Traffic Law of the State of New York must accompany the renewal application. It shall be the duty of the owner and/or the registrant to immediately report to the Police Department any cancellation or revocation of insurance or any change in the availability of the permitted vehicle to operate as a taxicab or any change in the dispatcher of said vehicle. The owner of a permitted vehicle may replace the permitted taxicab with another vehicle if the taxicab shall become disabled, disqualified for service or the like, provided that the permit holder makes prior application to the Police Department and makes payment of a nonrefundable fee as set forth in the Master Fee Schedule as may be amended from time to time, and that said replacement vehicle complies with the requirements of this chapter. Upon prior application and approval by the Police Department, transfers of the taxicab permit shall be permitted and authorized upon the consent of the transferor/licensed vehicle owner, provided that the transferee meets the license requirements of § 304-3A with payment of a nonrefundable fee as set forth in the Master Fee Schedule as may be amended from time to time, and a replacement sticker issued. Upon prior application and approval by the Police Department, if a licensed vehicle is to be reregistered by a taxicab owner to another person or entity, then said owner must provide a complete application containing the information required in § 304-3A with payment of a nonrefundable fee as set forth in the Master Fee Schedule as may be amended from time to time.
D. 
Suspension or revocation of taxicab permits. Taxicab permits may be revoked or suspended at any time for cause after a hearing by the Village Board of Trustees of the Village of Elmsford, if the vehicle shall be used for immoral or illegal business or purpose, or upon a violation of any ordinance or statute, or any provision of this chapter. When the permit is suspended or revoked, the taxicab permit sticker hereinbefore provided for shall be removed from the vehicle by the Police Department. A replacement sticker may be issued by the Police Department only after the expiration of the suspension period upon an application therefor duly filed with the Police Department.
E. 
Permit fee. For each taxicab permit issued, the applicant shall pay to the Village a nonrefundable fee as set forth in the Master Fee Schedule as may be amended from time to time.
F. 
Register of permitted taxicabs. The Chief of Police and the Village Clerk shall keep a register of the name of each person owning or operating a taxicab permitted under this chapter, together with the permit number and the description and make of such vehicle. Such record shall be open to the inspection of the public at all reasonable times.
G. 
In the event of any change in the rate/fare schedule, the owner of the taxicab shall promptly notify the Police Department and file a copy of the revised schedule with the Police Department.
A. 
Application. Each applicant for a taxicab driver's certificate must comply with the following to the satisfaction of the Police Department:
(1) 
Must first have obtained a New York State Class 4 or a public service license.
(2) 
Must fill out, upon a blank form to be provided by the Police Department, a statement giving his/her full name, residence, places of residence for five years previous to moving to his/her present address, age, color, height, color of eyes and hair, place of birth, whether a citizen of the United States, places of previous employment for the last five years, whether married or single, whether he/she has ever been arrested or convicted of a felony or misdemeanor, whether he/she has been previously licensed as a driver or chauffeur and, if so, whether his/her license has ever been suspended or revoked and for what cause, and the number of the Class 4 or public service license issued by the State of New York, which statement shall be signed and sworn to by the applicant and filed with the Police Department as a permanent record. The statement shall include a permanent waiver and authorization to the Police Department to review the applicant's driving record with the New York State Department of Transportation at any time, particularly upon an application for renewal of said taxicab driver's certificate. The Police Department is hereby authorized and empowered to require such additional information as it and the Village may deem necessary. Said application form shall contain the following statement: "It is a crime punishable as a Class A misdemeanor to knowingly make a false statement herein. Any false statements made by the applicant for a taxicab driver's license shall be promptly reported by the Police Department to the Village's Prosecuting Attorney."
(3) 
Must pay a nonrefundable fee as set forth in the Master Fee Schedule as may be amended from time to time.
(4) 
Must have his or her photograph taken by the Police Department.
B. 
Form and terms of taxicab driver's certificate. Upon satisfactory fulfillment of foregoing requirements, there shall be issued to the applicant a taxicab driver's certificate which shall be in such form as to contain a photograph and signature of the said driver. Each such certificate shall be stamped with the seal of the Village upon at least a portion of the photograph. All such certificates shall be numbered in the order in which they are issued and shall contain the name and place of residence of the driver and the date of expiration of the certificate. Any driver who defaces or removes or obliterates any official entry made upon his taxicab drivers certificate shall be punished by the revocation of his said certificate by the Police Department. Such certificate must be constantly and conspicuously displayed within the taxicab when he is engaged in his employment, so that same may be viewed by any person within the vehicle.
C. 
Renewal of taxicab driver's certificate. The Police Department may renew a taxicab driver's certificate from year to year by issuance of a renewal certificate therefor which shall be substantially similar to the prior certificate except for the expiration date. A driver, in applying for a renewal of his said certificate, shall make such application not less than 30 days preceding its expiration, upon a form to be furnished by the Police Department entitled "Application for Renewal of Taxi Driver's Certificate," which shall be filled out with the full name and address of the applicant, together with a statement of the date upon which his original license was granted and the number thereof, and such other information as the Police Department and/or the Village may deem necessary. Such application shall include a representation that the information on the applicant's original application has not changed, or otherwise updating same to provide any new or changed information.
D. 
Suspension or revocation of taxicab driver's certificate. A taxicab driver's certificate may at any time be suspended or revoked for cause by the Police Department after a hearing by the Board of Trustees of the Village of Elmsford. When such certificate is suspended or revoked, the said certificate shall be forthwith delivered to the Police Department to be returned to the driver only at the expiration of the period for which the license was suspended. A second suspension for the same reason may, or, in any case, a third suspension of a taxicab driver's certificate shall, be grounds for permanent revocation of said certificate. No driver whose taxicab driver's certificate has been revoked shall again be issued a taxicab driver's certificate in the Village unless upon the presentation of reasons satisfactory to the Village Board of Trustees.
E. 
Taxicab driver's certificate fees. The nonrefundable fees for a taxicab driver's certificate or renewal thereof are as set forth in the Master Fee Schedule as may be amended from time to time.
F. 
Record of taxi driver's certificate. There shall be kept in the office of the Chief of Police and the Village Clerk a complete record of each taxicab driver's certificate issued in the Village, and of all renewals, suspensions and revocations thereof.
A. 
Applications for a dispatcher's license shall be made to the Police Department on forms provided by the Police Department, and shall include:
(1) 
The name, address and age, if applicable, of the applicant.
(2) 
If the applicant is other than an individual person, the name and place of business of the firm, partnership, corporation or other entity, together with the name of a contact person for same.
(3) 
The actual or estimated number of licensed operators for which the applicant proposes to solicit or receive requests for taxicab service and the names and addresses of such operators, if available.
(4) 
The address of the location from which the applicant proposes to solicit or receive such requests.
(5) 
A statement of whether the applicant has ever been licensed under any provision of this chapter or any similar law of any jurisdiction and whether such license has ever been rescinded or revoked and, if so, for what cause.
(6) 
A statement of whether the applicant will employ any radio signal device in connection with relaying requests for service to the taxicab operator; if so, he or she shall state the type of device or signal and frequencies.
(7) 
A current certificate of insurance shall be provided in no less than the minimum amounts set out in the New York State Insurance Law.
(8) 
Such other information as the Police Department and/or the Village may require.
(9) 
The following statement: "It is a crime punishable as a Class A misdemeanor to knowingly make a false statement herein. Any false statements by the applicant shall be promptly reported to the Village Prosecutor."
B. 
License approval. Upon approval the Police Department shall issue a license to the applicant. Upon disapproval of any applicant, the Police Department shall notify the applicant, in writing, of the reasons for such disapproval.
C. 
The applicant shall pay an annual nonrefundable fee as set forth in the Master Fee Schedule as may be amended from time to time. Failure to pay the annual fee shall be deemed an abandonment of such license.
D. 
Each dispatcher licensed under this chapter shall keep a complete, accurate and legible record of each call on a daily log sheet which shall be exhibited upon request to any police officer of the Village of Elmsford or the Village Clerk or his designee. These records must be kept on file and available for inspection for a period of not less than three years.
There shall be no taxicab stands in the Village of Elmsford.
A. 
Cruising or hacking. No cruising or hacking shall be permitted in the Village by any taxicab or livery. No taxicab or livery while awaiting employment by passengers shall stand on any public street or place.
B. 
Licenses, permits and certificates not assignable. No license, permit or certificate issued under the provisions of this chapter shall be assigned or transferred to any other person or be applicable to any other motor vehicle than the one specified therein.
C. 
Identification of taxicab. Every taxicab shall have the name and telephone number of the registered owner or dispatcher of such vehicle and the name of the municipality from where the taxicab is dispatched plainly and permanently painted in letters at least two inches in height with at least one-fourth-inch stroke and proper and distinct colors on both sides of such taxicab, and no other words, symbols or numbers shall appear on the sides of such taxicab which may lead to confusion in quickly identifying such taxicab.
D. 
Miscellaneous.
(1) 
No person owning or driving a taxicab shall deceive any passenger who may ride or who may desire to ride in any such vehicle as to his destination by the shortest route or the lawful price to be charged for such person, or shall convey such passenger or cause him to be conveyed to a place other than that directed by him.
(2) 
Every holder of a taxicab permit shall at all times keep the inside of the vehicle operated by him in a clean and sanitary condition.
(3) 
Every owner of a taxicab shall provide windows in the back seat area of each such vehicle sufficient in number and of such size and dimensions that at all times a person may be readily seen through such windows with sufficient distinctness to identify such person.
(4) 
No owner or driver of a taxicab shall at any time so fasten or lock the doors on such vehicle that it is impossible for a passenger to open the same from the inside. Every owner shall provide means for unfastening doors on taxicabs and liveries so that such doors may be readily opened on the inside by a passenger.
(5) 
Changes of address of owners, drivers and dispatchers of taxicabs shall be reported to the Police Department in writing within three days of such change.
(6) 
There shall be no smoking in any taxicab in which a fare has been picked up.
E. 
Parking of taxicabs and liveries within the Village. For the purposes of this Village Code, taxicabs and liveries are hereby deemed to be commercial vehicles. The following sections of this Village Code shall apply to all taxicabs and liveries: §§ 316-22, 335-5D and 335-6G. Any taxicab permit, taxicab driver's certificate or dispatcher's license issued in accordance with this chapter relative to any vehicle or person found to be in violation of said sections shall be subject to immediate revocation after a hearing by the Board of Trustees of the Village of Elmsford. No such taxicab permit, taxicab driver's certificate or dispatcher's license that has been revoked in accordance with this section shall be reissued or reinstated unless upon the presentation of reasons satisfactory to the said Board of Trustees.
F. 
It shall be deemed sufficient reason for the suspension and/or revocation of a taxicab permit, or a taxicab driver's certificate, or a dispatcher's license if three or more written and signed complaints are received from the general public within a twelve-month period as to a taxicab driver's driving, appearance, conduct and behavior on the job or as to violations under § 304-8.
G. 
It shall be deemed sufficient reason for the suspension and/or revocation of a taxicab driver's certificate, if there are three or more convictions for moving violations, as defined under the Vehicle and Traffic Law of the State of New York, within a twelve-month period.
H. 
It shall be deemed sufficient reason for the suspension and/or revocation of a taxicab permit, or a taxicab driver's certificate, or a dispatcher's license upon any violation of § 228-3A of this Village Code.
A. 
Vehicles. Any owner, dispatcher or driver of a taxicab, which taxicab is not permitted or equipped in accordance with the provisions of this chapter, or of a taxicab the permit of which has been suspended or revoked, who engages in the business of a taxicab as defined herein, or attempts to engage in such business, or solicits passengers for hire, shall, upon conviction, be punished by a fine of not less than $500 nor more than $1,000 or imprisonment not exceeding 30 days, or by both such fine and imprisonment.
B. 
Drivers. Any person not having been duly certified as a taxicab driver as or not having a taxicab driver's certificate in full force and effect, who drives for hire a taxicab upon the streets of the Village, shall, upon conviction, be punished by a fine of not less than $100 nor more than $500 or imprisonment not exceeding 30 days, or by both such fine and imprisonment.
C. 
Dispatchers. Any person not having been duly licensed as a dispatcher or not having a dispatcher's license in full force and effect, who engages in the dispatching of a taxicab to any location within the Village to pick up passengers or to solicit or receive requests for taxicab service from within the Village, shall, upon conviction, be punished by a fine of not less than $500 nor more than $1,000 or imprisonment not exceeding 30 days, or by both such fine and imprisonment.
D. 
Upon conviction of any person for any violation of a provision of this chapter for which no punishment is specifically provided, the punishment upon conviction for such violation shall be a fine of not less than $100 nor more than $300 or imprisonment not exceeding 30 days, or both such fine and imprisonment.
E. 
Suspension and revocation of approval. In addition to the fine, imprisonment, or both, authorized by this chapter, any taxicab permit, taxicab driver's certificate or dispatcher's license shall be subject to suspension or revocation upon conviction for any violation of this chapter. The Chief of Police may, in his discretion, suspend or revoke a taxicab permit, taxicab driver's certificate or dispatcher's license granted under any provision of this chapter pending, or in advance of, any criminal prosecution of the holder of same, or until the next meeting of the Board of Trustees of the Village of Elmsford.