No taxicab shall be operated over or upon the streets of the Village
until and unless the operator and driver thereof shall have first obtained
and have then in force licenses as herein required and have complied with
the provisions and regulations contained in this article.
A.
Operator. Upon the filing of an application for a taxicab
operator's license, such application shall be referred to the Board of
Trustees of the Village, who shall make or cause to be made an investigation
as to the need for such transportation, taking into consideration the number
of operators licensed, the number of taxicabs in operation, the need for additional
taxicabs or taxicab operators, the possible effect on traffic conditions,
fitness of the applicant and whether or not the public interest would be better
served by the granting of such license and such other matters as may, in the
opinion of the Board of Trustees, bear upon the advisability or necessity
for the granting of such license.
B.
Driver. Upon the filing of an application for a taxicab
driver's license, the Board of Trustees shall direct the Chairman of
the Board of Police Commissioners to cause an investigation to be made of
each applicant for a taxicab driver's license and report on such investigation,
and the copy of the traffic and police record, if any, of the applicant shall
be attached to the application for the consideration of the Board of Trustees.
C.
Effect of conviction of morals charge. No applicant having
been convicted on a morals charge shall be licensed to operate or drive a
taxicab in the Village.
A.
Issuance. Licenses for the operation of taxicabs shall
be issued by the Mayor when approved by the Board of Trustees of the Village,
upon the filing of an application therefor upon forms to be furnished by the
Village Clerk.
B.
Application; contents. Such application shall contain
the trade name, if any, under which said business will be operated; the full
name, age, citizenship and address of the operator and, if a firm, association
or corporation, the names, ages, citizenships and addresses of the members
or officers thereof; and shall designate the agent, if any, to be in charge
of the business of the operator in the Village. Such application shall further
contain the number, make and description of each vehicle to be licensed; the
factory or serial number and State of New York registration number of each
vehicle; and such other information as may be required by the Board of Trustees
or by the Mayor. Said application shall further state the peculiar or distinguishing
color scheme or design or dress, including monograms or other distinguishing
features intended to be used on such vehicles. Said application shall further
specify the amounts of all unpaid judgments against the applicant and the
nature of the transaction or acts giving rise to said judgments and the name
and location of the court in which each was entered.
[Amended 11-26-1973; 2-26-1990
by L.L. No. 33-1990]
All licenses to operate a taxicab shall be issued as of the first day
of April or subsequent date of issue, shall expire on the 31st day of March
next succeeding such date unless sooner suspended or revoked by the Board
of Trustees and shall be renewed annually. The license fee shall accompany
the application for the license or, as the case may be, the application for
renewal thereof. The Board of Trustees by resolution shall adopt and from
time to time may amend a schedule of fees payable by an applicant for a license
or a renewal thereof to operate a taxicab upon or over the streets of the
Incorporated Village of Freeport.
No license shall be issued to operate a taxicab or taxicabs unless and
until the applicant shall file, with the Village Clerk and have approved by
the Village Attorney, an insurance policy or a certificate thereof of standard
form, issued by an insurance company for such taxicab or taxicabs and provided
minimum coverage in the amounts of $10,000 for personal injuries or death
of any one person and $20,000 for injuries or death of two or more persons
in any one accident and $5,000 for property damage in any one accident. Such
insurance policy or certificate shall provide that the Village will be given
10 days' prior notice of cancellation.
Such policy required in § 188-18 shall not be canceled or suspended either by the insured or the insurer unless at least 10 days' notice in writing of the intention to cancel or suspend such policy has been filed with the Village Clerk, and upon such suspension or cancellation of insurance, the license of said operator shall stand suspended until such time as an acceptable policy or certificate of insurance shall be on file with the Village Clerk.
Licenses shall not be transferred to another operator except on application
to and approval by the Board of Trustees of the Village, such application
shall be made in the same manner and under the same conditions as the original
application for license.
Every owner, upon the sale or other disposition of a licensed taxicab,
shall, within 24 hours, notify the Police Department of such sale or other
disposition and surrender the licenses and medallions.
The Village Clerk and Police Department shall keep a record of every
taxicab owner's license issued under this article. Such registration
shall show the date and number of such licenses and all renewals, suspensions
and revocations thereof and a record of each taxicab license, stating the
make, model, passenger seating capacity, name of manufacturer, New York State
registration number, motor number and the name and address of the person or
persons owning said taxicab. Such registration shall also show each driver's
license issued hereunder, showing the name and address of such driver, his
New York State chauffeur's license number, the number of his taxicab
license issued hereunder and the date of issue and of renewal of such driver's
license.
Every person driving a taxicab licensed under the provisions of this
article must be licensed as a taxicab driver and shall:
A.
Be of the age of 18 years or over.
B.
Furnish a certificate from a reputable physician certifying
that, in his opinion, the applicant is not afflicted with any disease or infirmity
which might make him an unsafe or unsatisfactory driver.
C.
Be able to speak, read and write the English language.
D.
Be clean of dress and person and not addicted to the
use of intoxicating liquor or narcotics.
Every person desiring to obtain a taxicab driver's license shall
comply with the following:
A.
Contents of application. He shall make application for
license on a blank furnished by the Village Clerk, which application shall
state the full name and residence of the applicant; his place of residence
during the five years previous to his present address; his age, height, weight,
color of eyes, color of hair, place of birth and whether a citizen of the
United States either by birth or naturalization; places of previous employment;
whether he is married or single; whether he has been convicted of a felony
or misdemeanor; whether he has previously been licensed as a driver or chauffeur
and, if so, when, where and whether his license has ever been revoked or suspended
and for what cause; and the number of his state driver's license.
B.
State license. He shall exhibit his current New York
State chauffeur's license for inspection.
C.
Character reference. He shall file testimonials of at
least two reputable persons as to good character and reliability with his
application.
D.
Photographs. He shall file with his application two photographs,
1 1/2 inches by 1 1/2 inches, taken within 30 days prior to the
date of application, and such photo must be a true likeness of the applicant
and must show only neck and shoulders and uncovered head. One of the photographs
shall be attached to his license and the other shall be filed with his application.
Such photographs shall be attached to the license in such a manner that it
cannot be removed and another photograph substituted without the probability
of detection.
E.
Fingerprinting and examination. He shall be fingerprinted
and examined by the Chairman of the Board of Police Commissioners or an officer
or officers designated by him as to his knowledge of and his compliance with
all the provisions of this article, the traffic regulations and geography
of the Village and the laws of the State of New York relative to the operation
of motor vehicles, and if the result of such examination is not satisfactory,
he shall be denied a license.
A license to drive a taxicab shall be issued by the Mayor when approved by the Board of Trustees of the Village, upon the satisfactory fulfillment of the requirements of §§ 188-23 and 188-24. Such license shall be in such form as to contain a brief description, the photograph and the signature of the licensee. Such license shall be clearly displayed at all times in the taxicab operated by the licensee and in such manner as to be readily examined by the police or passengers.
[Amended 12-23-1985 by L.L. No. 8-1985; 2-26-1990
by L.L. No. 34-1990]
All licenses to drive a taxicab shall be issued as of the first day
of April or subsequent date of issue, shall expire on the 31st day of March
next succeeding such date unless sooner suspended or revoked by the Board
of Trustees, shall be nontransferable and shall be renewed annually. The license
fee shall accompany the application for the license or, as the case may be,
the application for renewal thereof. The Board of Trustees by resolution shall
adopt and from to time may amend a schedule of fees payable by an applicant
for a taxicab driver's license or a renewal thereof.
Every taxicab driver licensed pursuant to this article shall, within
48 hours, notify the Village Clerk of any change of address or loss of either
his taxicab driver's license or his chauffeur's license.
[Amended 7-13-1970]
A.
Authority. Upon the showing of an emergency, such as the death, resignation or illness of a taxicab driver, which would cause substantial hardship because of the enforced idleness of a taxicab, the Village Clerk is authorized to issue a temporary license to an applicant therefor, provided that such applicant complies with all the conditions and meets all of the requirements established as a condition precedent to the issuance of a regular license in § 188-23 of this chapter.
B.
Issuance; duration. The Village Clerk shall set the date
upon which such temporary license shall become effective and the date upon
which it shall expire, such latter date being no more than 90 days from the
time it became effective. Such temporary license shall not be renewable.
[Amended 7-28-1969]
C.
The Board of Trustees by resolution shall adopt and from
time to time may amend a schedule of fees payable by an applicant for a temporary
taxicab driver's license.
[Amended 12-23-1985 by L.L. No. 8-1985; 2-26-1990
by L.L. No. 35-1990]
A.
Inspection required. No license may be transferred to another vehicle until such vehicle shall have been inspected and approved in accordance with the provisions of § 188-30 of this chapter.
B.
Procedure. Licenses may be transferred to another vehicle
upon showing that the vehicle for which it was issued is no longer in service
and the filing with the Village Clerk of an endorsement by the insurance company
showing transfer of insurance from the vehicle originally licensed to another
vehicle, such endorsement to be attached to said insurance policy and made
a part thereof.
C.
The Board of Trustees by resolution shall adopt and from
time to time may amend a schedule of fees payable by an applicant for a transfer
of a taxicab operator's license from one vehicle to another.
[Amended 2-26-1990 by L.L. No. 36-1990]
A.
Authority of Police Department. The Police Department
is hereby authorized and empowered to establish reasonable rules and regulations
for the inspection of taxicabs, The Police Department shall maintain constant
vigilance over all taxicabs to see that they are kept in a condition of continued
fitness for public use.
B.
Certificate to be furnished. Before a license shall be
issued for any taxicab, the applicant therefor shall furnish a certificate
to the Village Clerk, signed by the Chairman of the Board of Police Commissioners,
certifying that said vehicle has been inspected and examined and found to
be in a safe condition for the transporting of passengers, is clean, fit and
of good appearance.
C.
Inspections. All taxicabs and limousines licensed hereunder
shall be inspected at least once in every three months by a New York State
licensed motor vehicle inspection station, and a certificate of such inspection,
showing compliance with all state safety inspection rules, must be filed with
the Chairman of the Board of Police Commissioners. Such certificate must be
properly signed and stamped in accordance with the requirements of the Motor
Vehicle Safety Inspection Law of the State of New York. Unless such certificate
is furnished as herein required, the license for such taxicab or limousine
shall stand suspended until such time as such taxicab or limousine is placed
in proper condition and such certificate thereof is filed with the Chairman
of the Board of Police Commissioners.
[Added 2-14-1977 by L.L. No. 2-1977]
D.
Any New York State licensed motor vehicle inspection
station which is affiliated with or owned by a taxicab or limousine company
or is affiliated with any operator of any taxicab or limousine company shall
be prohibited from making taxicab or limousine inspections pursuant to this
section.
[Added 2-14-1977 by L.L. No. 2-1977]
All taxicabs licensed hereunder shall be inspected by the Police Department
or by some competent mechanic designated by the Chairman of the Board of Police
Commissioners at least once every 90 days, and a certificate shall be filed
with the Clerk showing that all safety devices or appliances are in proper
working order and meet the minimum state inspection requirements. Unless such
certificate is furnished as herein required, the license for such taxicab
shall stand suspended until such time as such equipment is placed in proper
condition and certificate thereof filed with the Clerk.
A.
Grounds. Licenses granted under this article may be suspended
or revoked at any time by the Board of Trustees if the holder thereof shall
be convicted of a violation of any provision of this article or any rule or
regulation adopted hereunder or of any violation of any ordinance of the Village
or of any traffic law, ordinance or regulation of the State of New York or
of any municipality of the State of New York or of any crime or be guilty
of making any false statement or misrepresentation in his application.
B.
Temporary suspension. The Chairman of the Board of Police
Commissioners may, upon receiving written information giving him reasonable
cause to believe that the holder of any license issued hereunder has violated
any provision of this article or been indicted or charged for any crime or
offense or if guilty of having made a false statement or misrepresentation
in his application, forthwith temporarily suspend such license until a hearing
can be held by the Board of Trustees as provided by this section.
C.
Hearing required. No license shall either be suspended
or revoked hereunder without a hearing thereon and after written notice shall
have been given to the licensee either in person or by registered mail.
A.
Time of hearing. It shall be provided herein that a hearing shall be held by the Board of Trustees with respect to either suspension or revocation of any license issued hereunder, as set forth in § 188-32, not less than 10 days nor more than 20 days after notice of such revocation or suspension shall have been given to the licensee either in person or by registered mail.
B.
Time to be designated. Such hearing shall be held on
a date and at a place and hour designated by the Board of Trustees.
C.
Notice of hearing. The Village Clerk shall give at least
10 days' notice of such hearing. Said notice shall state the name and
address of the licensee, the subject matter of the hearing and the date, place
and hour of the hearing.
D.
Right of licensee. The licensee involved shall be entitled
to be represented by legal counsel and to present such competent and material
testimony or other evidence in his own behalf as may be relevant to the subject
matter of the hearing.
E.
Witnesses, All witnesses shall be sworn and examined
under oath.
It shall be unlawful for any operator or driver to refuse the surrender
of a license and medallion to the Police Department upon demand after such
license has been suspended, revoked or expired.
