[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.]
[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Editor's Note: This local law also repealed former Ch. 304, Taxicabs,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:
Every motor vehicle having a seating capacity of 15 or more passengers
in addition to the driver and used for the transportation of persons.
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.
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.
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.
Any actions, words or gestures by which a driver of a taxicab or
livery attempts to solicit or solicits a prospective passenger for hire.
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.
Any person who drives a livery.
Includes written permission granted by the County of Westchester
to operate a specified livery upon the streets of said county.
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.
Includes a corporation, partnership, association or other legal entity,
as well as an individual.
The Police Department of the Village of Elmsford.
Includes any street, highway, alley, avenue, court, bridge, lane
or public place in the Village of Elmsford, within the corporate limits of
said Village.
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.
Any person who drives a taxicab.
The written permission granted by the Village of Elmsford pursuant
to this chapter to drive a taxicab upon the streets of said Village.
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.
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.
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.
