[Amended 11-18-2008 by L.L. No. 14-2008]
For the purposes of this article, the following
definitions shall apply, unless otherwise expressly provided:
ALTERNATIVE ENERGY VEHICLE
A commercially available mass production vehicle that uses
alternative fuel other than diesel or gasoline to achieve emissions
reductions.
[Added 10-18-2005 by L.L. No. 8-2005]
ALTERNATIVE FUEL
Natural gas, liquefied petroleum gas, hydrogen, electricity
and any other fuel which is at least 85%, singly or in combination,
methanol, ethanol, and any other alcohol, or ether.
[Added 10-18-2005 by L.L. No. 8-2005]
BASE
A legal place of business from which private livery cars
are dispatched to operate.
BASE OWNER
Any person owning a base for the dispatch of private livery
cars.
BUSINESS
One or more acts of transporting a passenger or passengers
for hire.
CERTIFICATE OF AFFILIATION WITH A BASE OWNER
A sworn, notarized affidavit completed by both the applicant
and the base owner on a form prepared by the Town Clerk, swearing
that the private livery car owner is a franchisee of the base owner;
setting forth the commencement date of the franchise agreement; and
stating that the franchise agreement remains in full force and effect.
There shall be annexed to the affidavit a copy of the cover sheet
and signature page of the franchise agreement, with the applicant
and base owner each swearing that the copies are true and accurate
representations of the originals.
[Added 6-13-2006 by L.L. No. 8-2006]
CRUISING
The driving of a taxicab upon the streets, highways, avenues
or public places located within the Town of North Hempstead for the
purpose of soliciting or the plying of prospective passengers for
hire.
DRIVER
Any person driving a taxicab, private livery car, private
livery van or limousine for hire upon the streets, highways, avenues
or public places located within the Town of North Hempstead.
HYBRID-ELECTRIC VEHICLE
A commercially available mass production vehicle originally
equipped by the manufacturer with a combustion engine system together
with an electric propulsion system that operate in an integrated manner.
[Added 10-18-2005 by L.L. No. 8-2005]
ISSUING JURISDICTION
Any licensing jurisdiction deemed compliant with the standards
and regulations of subdivisions 3, 4 and 6 of § 498 of the
Vehicle and Traffic Law of the State of New York.
[Added 11-18-2008 by L.L. No. 14-2008]
LICENSE MEDALLION
A sticker issued by the Town Clerk upon the granting of an
owner’s license, to be affixed to the outside of such taxicab,
limousine, private livery car or private livery van.
[Added 11-18-2008 by L.L. No. 14-2008]
LIMOUSINE
A chauffeured, oversized or full-sized luxury sedan seating
not fewer than five nor more than 10 persons, including the driver,
used solely for hire in connection with funerals, weddings, amusement,
sports and similar functions on a prior agreement, fixed-rate basis
and licensed by the New York State Department of Motor Vehicles with
a livery plate or other special designated plate. Such vehicle shall
not be used as a taxicab. Such vehicle shall not be permitted to stand
at any taxi stand designated by the Town of North Hempstead.
MINIBUS
A private livery van, as defined in this article.
OPERATE
The picking up of a passenger for hire within the Town of
North Hempstead, whether such passenger is discharged at a destination
within the Town of North Hempstead or without the Town of North Hempstead.
Nothing in this chapter shall apply to abridge, limit or regulate
the right of any person not licensed hereunder to convey passengers
by taxicab, limousine or private livery van from points of origin
outside the Town of North Hempstead to points of destination within
the Town of North Hempstead.
OWNER
Any person owning one or more taxicabs, limousines, private
livery cars or private livery vans and driving or causing any such
vehicle to be driven upon the streets, highways, avenues or public
places located within the Town of North Hempstead for hire. "Owner"
shall also include a purchaser under a reserve title contract, conditional
sales agreement or vendor's lien agreement and the lessee of any such
vehicle or vehicles.
PASSENGER
A person other than the driver who is an occupant of a taxicab,
limousine, private livery car or private livery van, and, for the
purpose of this chapter, such person or persons shall be presumed
to be a passenger for hire.
PERSON
An individual, firm, partnership, unincorporated association,
corporation or any other legal entity.
PREARRANGED FOR-HIRE VEHICLE
A motor vehicle, other than a bus, that is used in the business
of transporting passengers for compensation, on a prearranged basis,
and operated in such business under a license or permit issued by
the Town of North Hempstead.
[Added 11-18-2008 by L.L. No. 14-2008]
PRIVATE LIVERY CAR
An intermediate or full-sized sedan seating no fewer than
five nor more than six persons, including the driver, which is dispatched
by two-way radio and used for the transportation of passengers for
compensation. Such vehicle shall not be operated as a limousine or
a taxicab and shall not be permitted to stand at any taxi stand designated
by the Town of North Hempstead. A "private livery car" must be affiliated
with a base which is licensed pursuant to this chapter.
PRIVATE LIVERY VAN
A motor vehicle which is manufactured and equipped in such
a manner as to provide a seating capacity of not fewer than six and
not more than 15 passengers, not including the driver, which is used
for the transportation of persons for compensation. Such vehicle shall
not be used as a taxicab. Such vehicle shall not be permitted to stand
at any taxi stand designated by the Town of North Hempstead.
SHAREHOLDER
The owner of 25% or more of a corporation's outstanding and
issued shares, whether or not publicly traded.
TAXICAB
A motor vehicle other than a limousine or private livery
car used in the business of carrying passengers for hire; having a
seating capacity of not more than eight persons, including the driver;
not operated on a fixed route; and licensed by the New York State
Department of Motor Vehicles with a license number that is designated
by the Department of Motor Vehicles as a taxicab plate.
TAXI STAND
A public place alongside the curb of a street or elsewhere which has been so designated pursuant to §
52-35.
TERMINAL
A fixed base of operation of the owner of a taxicab or limousine.
TOWN
The unincorporated areas of the Town of North Hempstead.
The provisions of this chapter shall not apply
to a limousine which is:
A. Used solely to transport persons for a motel, hotel
or housing complex pursuant to contract.
B. Used under agreement with a club to provide regular
transportation service for its members or guests.
C. Owned and operated by persons not primarily engaged
in the business of transportation and who furnish their own drivers.
D. Operated at fares determined by zone or taximeter.