It shall be unlawful for any owner of any vehicle
to permit the same to be operated as a taxicab, limousine, private
livery car or private livery van upon the streets, highways, avenues
or public places located within the Town of North Hempstead without
having first obtained and having then in force an owner's license
therefor as hereinafter provided. The fact that a vehicle is being
operated as a taxicab, limousine, private livery car or private livery
van shall be presumptive evidence that it is being operated by permission
of the owner. All provisions of this article which apply to taxicabs,
limousines and private livery vans shall also apply to private livery
cars.
A.
Every owner's license issued hereunder shall be issued
as of the first day of September or subsequent date of issue and shall
expire on the 31st day of August next succeeding such date, unless
sooner revoked by the Town Board.
[Amended 8-6-1996 by L.L. No. 18-1996]
B.
Owner's licenses issued February 1, 1990, shall be
effective until March 15, 1991.
C.
Owner's licenses effective as of February 1, 1991,
shall expire on July 31, 1992, and the appropriate fee, as set by
the Town Clerk, shall be charged for issuance of said license.
A.
Every person applying for an owner's license shall
file with the Town Clerk a written application upon forms to be furnished
by the Town Clerk, verified under oath, stating, describing and/or
including:
[Amended 6-13-2006 by L.L. No. 8-2006]
(1)
The name and address of the applicant, specifying,
in the case of any unincorporated association, the names and addresses
of each member thereof. In the event that the applicant is a corporation,
the applicant must provide the names and addresses of each officer,
director and shareholder thereof; the date of incorporation; the address
of the principal office of the corporation; the address for service
of process upon the corporation; a copy of the corporation's certificate
of incorporation; and a certificate of good standing from the Secretary
of State.
(2)
A complete statement by the applicant specifying 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, and the date on which, each was
entered.
(3)
All misdemeanors or felonies of which the applicant
and any member thereof, if an unincorporated association, and any
officer, director and shareholder thereof, if a corporation, has been
convicted, stating the name and location of the court in which the
date on which such convictions were rendered and the sentence imposed
therefor.
(4)
The experience in the transportation of passengers
of the applicant and each member thereof if an unincorporated association
and each officer, director and stockholder thereof if a corporation.
(5)
A statement by the applicant establishing that the
public convenience and necessity requires the granting of a license.
(6)
If such application shall contain a trade name under
which the business is operated, a certified copy of the certificate
thereof on file with the County Clerk.
(7)
The number of vehicles to be operated by the applicant
and a description of each such vehicle, including the make, model,
passenger seating capacity, year of manufacture, copies of a current
New York State registration of a type which permits the use of the
vehicle as a taxicab, limousine or private livery van, vehicle identification
number and, if it has ever been in any accident, the date and nature
of the accident and a description of the damage done to such vehicle.
(8)
The age and citizenship of the applicant and each
member thereof if an unincorporated association and each officer,
director and shareholder thereof if a corporation.
(9)
The location of any and all taxi stands proposed to
be established by the applicant and terminals proposed to be used
by the applicant.
(10)
In the case of a license for private livery cars,
a certification of affiliation with a base which is licensed pursuant
to this chapter.
(11)
Any other relevant information which the Town Clerk
may require.
B.
The applicant shall be fingerprinted under the direction
and supervision of the Town Clerk, including, where required by the
Town Clerk, all members, directors and shareholders. The prevailing
fee, as determined by the New York State Division of Criminal Justice,
for the processing of said fingerprints shall be charged and collected
by the Town Clerk at the time the fingerprints are taken. The requirements
of this subsection may be waived at the discretion of the Town Clerk
upon the showing of facts warranting the waiving thereof.
[Amended 6-13-2006 by L.L. No. 8-2006]
Upon the receipt of any application for an owner's
license, except upon an application for an owner's license renewal,
the Town Clerk shall refer the same to the New York State Division
of Criminal Justice for investigation and report. On a license renewal
application, the applicant shall provide a sworn, notarized affidavit,
on a form prepared by the Town Clerk, attesting that he/she has not
been convicted of any crimes, offenses, or violations since the issuance
of his/her prior owner's license. The Town Clerk may, in his/her discretion,
refer owner's license renewal applications to the New York State Division
of Criminal Justice for investigation and report.
[Added 6-13-2006 by L.L. No. 8-2006]
Upon receipt of the requisite report from the
New York State Department of Criminal Justice or, in the event of
a renewal application, receipt of the owner's license renewal application,
the Town Clerk shall investigate to ensure to his/her satisfaction
the following:
A.
That the applicant is a fit and proper person to obtain
an owner's license, taking into consideration the following:
(1)
The applicant's age;
(2)
The applicant's relevant work and industry experience;
(3)
The applicant's moral character, the assessment of
which may include, but not be limited to, consideration of the circumstances
surrounding any convictions for violations and offenses; and
(4)
The applicant's criminal history, if any, as reflected
in the report received from the New York State Department of Criminal
Justice.
B.
If, upon review of the report provided by the New
York State Department of Criminal Justice, it is revealed that the
applicant has been convicted of one or more crimes, the Town Clerk
shall consider the following factors as required by Correction Law
§ 753:
(1)
The legitimate interest of the Town in protecting
property, and the safety and welfare of specific individuals or the
general public;
(2)
The specific duties and responsibilities necessarily
related to the license sought;
(3)
The bearing, if any, that the criminal offense or
offenses for which the person was previously convicted will have on
his/her fitness or ability to perform one or more such duties or responsibilities;
(4)
The time which has elapsed since the occurrence of
the criminal offense or offenses;
(5)
The age of the person at the time of the occurrence
of the criminal offense or offenses;
(6)
The seriousness of the offense or offenses;
(7)
Any information produced by the applicant, or produced
on his or her behalf, in regard to his rehabilitation and good conduct;
and
(8)
The public policy of this state to encourage the licensure
of persons previously convicted of one or more criminal offenses.
C.
In evaluating the above criteria, the Town Clerk shall
also give consideration to a certificate of relief from disabilities
or a certificate of good conduct issued to the applicant, which certificate
shall create a presumption of rehabilitation in regard to the crime
or crimes specified therein.
D.
In addition to the documents and papers required pursuant to § 52-20, the Town Clerk, in the event that the report provided by the New York State Department of Criminal Justice reveals one or more convictions of crimes or criminal offenses or violations, or an unresolved criminal charge against the applicant, may request that the applicant provide him or her with one or more of the following, as he or she deems appropriate: a certificate(s) of disposition; a letter from the applicant's defense counsel explaining the nature of the open charges against the applicant; character or reference letters from past and/or current employers or other individuals; certificates of completion of mental health, alcohol, substance abuse, or anger management counseling programs; and/or letters from probation or parole officers; or any other reasonably obtainable document which would assist the Town Clerk in evaluating the application.
E.
Upon the completion of his or her investigation, the
Town Clerk shall issue an owner's license to an applicant who is an
individual the Town Clerk deems fit and proper to hold such owner's
license in accordance with the factors identified above. An owner's
license shall be denied to an applicant who does not meet such criteria.
F.
An owner's license shall also be denied to an applicant
in the following circumstances:
(1)
The Town Clerk's investigation reveals that the application
contains false information; or
(2)
An applicant either refuses or cannot provide the Town Clerk with the documentation requested pursuant to Subsection D of this section, after a reasonable opportunity to provide such documentation has been provided;
A.
If the Town Clerk shall find that further taxicab, limousine or private livery van service in the Town, and particularly in the area in which the applicant proposes to operate, is required by and will serve the public convenience and necessity, the Town Clerk, upon certification of each vehicle proposed to be operated by the applicant pursuant to § 52-11, shall issue a vehicle license which shall state the number of the license assigned to each owner. The Town Clerk shall issue, for each vehicle licensed as a taxicab, a license card bearing the words "licensed taxicab," an assigned number and the date of expiration of such license, together with a license medallion, bearing a like number and the words "licensed taxicab," which shall be affixed to the vehicle by the Town Clerk.
B.
Before making any finding as to whether public convenience
and necessity justify the issuance of an owner's license, the Town
Clerk shall cause to be published in a newspaper of general circulation
in the Town of North Hempstead, at the expense of the applicant, a
notice stating that an application has been made for the licensing
of a vehicle or vehicles as taxicabs, limousines or private livery
cars or vans, the number of vehicles for which such application has
been made and a statement that written comments as to whether public
convenience and necessity require the licensing of such vehicles may
be filed with the Town Clerk on or before the date fixed therein,
which date must be not less than eight days after the date of such
publication. Any comments so filed must be considered by the Town
Clerk in making his findings as to public convenience and necessity.
[Amended 6-13-2006 by L.L. No. 8-2006]
In making the findings required by § 52-9 with respect to public convenience and necessity, the Town Clerk shall take into consideration the number of taxicabs, limousines or private livery vans, as the case may be, already in operation in the Town, particularly in the area in which the applicant proposes to locate his stands and terminals; whether existing transportation is adequate to meet the public need; the probable effect of additional taxicabs, limousines or private livery vans on local traffic conditions; the qualifications, character, experience and responsibility of the applicant; and the adequacy of the service which the applicant proposes to give.
A.
Each vehicle operated upon the streets of the Town
as a taxicab, limousine or livery van shall be kept clean, sanitary,
fit and of good appearance and in a safe condition for the transportation
of passengers.
B.
The Town Clerk may establish reasonable rules and
regulations for the inspection of taxicabs, limousines and livery
vans operated upon the streets of the Town, including but not limited
to inspections performed at any time under the direction and supervision
of or by an official of the Town of North Hempstead.
C.
If, following an inspection conducted as described in § 52-11B, the inspector shall determine that said vehicle requires an additional New York State motor vehicle inspection, the owner will, within five days of the date of such determination by the inspector, be required to submit a certificate of inspection from an authorized state inspection station that the vehicle meets state safety requirements.
D.
Before a license may be issued for a taxicab, limousine
or livery van, the applicant shall submit a certificate showing that
the motor vehicle has been inspected and approved by the New York
State Department of Motor Vehicles.
E.
In addition to the requirements of § 52-11C, where the applicant is a corporation which commingles taxicabs, limousines, private livery vans and minibuses or where the applicant makes application to operate only private livery vans in the Town of North Hempstead, the applicant shall submit a certificate showing that each private livery van has been inspected and approved by the New York State Department of Transportation.
F.
Each prearranged for-hire vehicle licensed by the
Town of North Hempstead shall be inspected no less frequently than
every 12 months by an official inspection station licensed pursuant
to § 303 of the Vehicle and Traffic Law of the State of
New York, or, if the prearranged for-hire vehicle is registered in
another state, by the agency responsible for vehicle registration
and inspection in that state. Each prearranged for-hire vehicle shall
display a valid inspection sticker indicating the date of the last
inspection and/or the expiration date, if such stickers are issued
by the state of registration.
[Added 11-18-2008 by L.L. No. 14-2008 ]
A.
Every owner licensed under this article who shall
desire to add to or substitute the number of taxicabs, limousines
or private livery vans he is then operating, regardless of whether
such additional or substitute vehicles are currently or have been
licensed by the Town of North Hempstead, shall file with the Town
Clerk a written application, under oath, stating:
(1)
The name and address of the applicant.
(2)
The applicant's owner's license number.
(3)
In the case of an addition, any facts which the applicant
believes tend to prove that the public convenience and necessity require
such addition.
(4)
A description of each such additional or substitute
vehicle, including the make, model, passenger seating capacity, year
of manufacture, copies of a current New York State registration of
a type which permits use of the vehicle as a taxicab, limousine or
private livery van, vehicle identification number and, if it has ever
been involved in any accident, the date and nature of the accident
and a description of the damage done to such vehicle.
(5)
A licensed owner who desires to substitute a vehicle
must immediately return the license medallion assigned to the substituted
vehicle to the Town Clerk. If it is alleged that the license medallion
is irretrievable due to accident or other cause, the licensed owner
must submit a letter from the insurance company insuring the vehicle
indicating that the vehicle was involved in an accident sufficient
to render the license medallion irretrievable, or stating that the
license medallion is irretrievable due to such identified cause as
theft, loss or otherwise. In lieu of such letter, the licensed owner
shall submit a sworn, notarized affidavit, on a form prepared by the
Town Clerk, indicating the reason(s) why the license medallion cannot
be returned. In the event that a license medallion has not been returned
by an owner upon substitution of vehicles, and the license medallion
is later determined to be on a vehicle other than that to which the
license medallion was originally assigned, there shall be a presumption
that the license medallion was knowingly and wrongfully transferred
by the owner. Such unauthorized transfer shall be cause for suspension
and/or revocation of an owner's license.
[Added 6-13-2006 by L.L. No. 8-2006;
amended 11-18-2008 by L.L. No. 14-2008]
The Town Clerk may, in his discretion, before
the issuance of a license under this article, require the applicant
and any other person having knowledge of the facts to submit to an
examination under oath and to produce evidence relating thereto or
hold a hearing upon such application as hereinafter provided with
respect to any information or data relevant to the application. The
costs of such examination or hearing shall be paid by the applicant.
A.
Prior to the expiration date thereof, any license issued under this article may be renewed for an additional period of one year from the date of expiration upon the filing of an application containing all the information required by § 52-7, except the requirements of § 52-7A(4), (5), (6) and (9), and the renewal license shall be issued by the Town Clerk in accordance with the provisions of §§ 52-9, 52-10, 52-11 and 52-15.
B.
Any license not renewed prior to the expiration date
thereof shall be deemed expired and null and void, except for good
cause shown. The Town Clerk may accept renewal applications within
30 days after the expiration date thereof.
[Amended 11-18-2008 by L.L. No. 14-2008; 8-2-2011 by L.L. No. 13-2011]
Each applicant for an owner’s license shall, before such
license may be issued or renewed pursuant to this chapter, procure
and maintain an insurance policy covering the applicant and each motor
vehicle against public liability in at least the minimum limits required
by the laws of the State of New York for personal injury and property
damage, which insurance shall be maintained in force during the period
covered by the license. The applicant shall file with the Town Clerk
a certificate of insurance evidencing such insurance coverage within
five days of such application. Such certificate and insurance policy
shall provide that the Town of North Hempstead shall be given 30 days’
prior written notice of cancellation. Such policy shall not be canceled
or suspended either by the insured or the insurer unless at least
30 days’ notice, in writing, of the intention to cancel or suspend
such policy has been filed with the Town Clerk, and, upon such suspension
or cancellation of insurance, the license shall stand suspended until
such time as an acceptable policy or certification of insurance shall
be on file with the Town Clerk.
Any owner's license issued hereunder shall not
be transferable.
[Amended 6-13-2006 by L.L. No. 8-2006; 11-18-2008 by L.L. No.
14-2008]
The owner of more than one taxicab, limousine
or private livery van licensed by the Town of North Hempstead shall
have a terminal within the unincorporated area of the Town of North
Hempstead for the off-street parking of such vehicles when not actively
in operation. Permits and certificates as required to establish and
maintain such terminal shall be obtained from the Department of Building
and Safety Inspection and Enforcement. Such terminal shall be registered
by the owner with the Town Clerk, and the owner shall notify the Town
Clerk of any change in terminal. Such terminal shall be of sufficient
size to accommodate all taxicabs, limousines or private livery vans
assigned to such terminal. In the case of private livery cars, the
base owner shall demonstrate to the Town Clerk and the Commissioner
of the Department of Building and Safety Inspection and Enforcement
that each affiliated owner utilizes lawful off-street parking and
storage facilities for all licensed private livery vehicles that are
dispatched from his/her base. Each base must provide one parking space
for every two such private livery cars affiliated with its base. The
base owner shall provide to the Town Clerk an affidavit attesting
to the lawful off-street parking of all remaining vehicles affiliated
with its base operation. Where the terminal for off-street parking
is not the base, each private livery car owner shall furnish the Town
Clerk with a sworn, notarized affidavit, on a form prepared by the
Town Clerk, identifying the off-street parking location of each licensed
vehicle.
