A.
No person shall operate any taxicab, limousine, private
livery car or private livery van upon the public highways of the Town
without having first obtained and having then in force a New York
State driver's license of a proper class or a valid driver’s
license of equivalent class from an adjacent state of which he/she
is a resident (chauffeur's license) and a Town of North Hempstead
driver's license issued as hereinafter provided. Such license shall
not be probationary, suspended, revoked, conditional or restricted
as to the use for violations of traffic laws or regulations by the
New York State Department of Motor Vehicles or agency of another state
which issued such license.
[Amended 11-18-2008 by L.L. No. 14-2008]
B.
It shall be unlawful for any person to operate a taxicab,
limousine, private livery car or private livery van on the streets,
highways, avenues or public places of the Town of North Hempstead
unless such taxicab, limousine, private livery car or private livery
van shall be duly licensed as herein provided.
C.
Probationary licenses. An applicant will be issued
a probationary license valid for a period of one year. The Town Clerk
will evaluate the applicant at the conclusion of the one-year probationary
period and will determine if renewal of the license is appropriate.
In making such determination, the Town Clerk may consider the driving
record, any violation of this chapter or any other evidence that suggests
that the driver no longer meets all requirements for a license. Renewal
of a probationary license will be automatically barred or a probationary
license revoked at any time if any of the following occurs:
[Added 11-18-2008 by L.L. No. 14-2008]
(1)
The driver is convicted of a crime in any jurisdiction;
(2)
The driver is convicted of driving while impaired
by alcohol or drugs;
(3)
A determination has been made by an Administrative
Law Judge of the Department of Motor Vehicles that the driver refused
to submit to a breathalyzer or other chemical test;
(4)
The driver is convicted of leaving the scene of an
accident;
(5)
The driver accumulates eight or more points against
his New York State chauffeur's license or comparable license issued
by his state of residence, the total of which shall include points
existing on the driver's state license prior to his or her application
for a license with the Commission;
(6)
The driver is convicted of three or more moving violations;
or
(7)
The driver is convicted of two speeding violations.
Every driver's license issued under this article
shall be issued as of the first day of February or subsequent date
of issue and shall expire on the 31st day of January next succeeding
unless sooner revoked by the Town Board.
[Amended 6-13-2006 by L.L. No. 8-2006]
Every applicant for a driver's license or driver's
license renewal shall file an application with the Town Clerk, in
writing, upon forms to be furnished by the Town Clerk and verified
under oath, and such application shall state, describe and/or include:
A.
The name, address and age of the applicant.
B.
A full description of the applicant, including his
height, weight, color of eyes and hair, any scars or marks and the
nature of any physical infirmity from which he may suffer.
C.
Written recommendation by two residents of Nassau
County, not related to the applicant, who have known the applicant
for a period of one year or more and who will vouch for the applicant's
sobriety, honesty and general good character.
D.
The citizenship of the applicant.
E.
All violations of any traffic law, local law, ordinance
or regulation of which the applicant has been convicted within 18
months prior to the date of the application, and all crimes of which
the applicant has ever been convicted, stating the name and location
of the court in which and the date on which each such conviction was
rendered and the sentence imposed therefor.
F.
The number and date of issuance of the applicant's
New York State driver's license of a proper class or the number and
date of issuance of a valid license of an equivalent class issued
by an adjacent state.
[Amended 11-18-2008 by L.L. No. 14-2008]
G.
Whether or not any driver's license of any class held
by the applicant has ever been revoked or suspended by the State of
New York or any other state and, if so, by what court or other authority,
on what date and for what cause and, if suspended, the period of such
suspension.
H.
The names and addresses of the applicant's employers
during the last 10 years prior to his application.
I.
Any other relevant information which the Town Clerk
may require.
A.
Every applicant for a driver's license, at the time
of submitting his application, shall:
(1)
Submit three individual photographs of the applicant
taken within thirty (30) days prior to the date of the application,
1 1/2 inches by 1 1/2 inches in size, and such pictures
must be a true likeness of the applicant and must show only neck,
shoulders and uncovered head.
(2)
Submit a certificate from a physician duly licensed
to practice in the State of New York certifying that, in his opinion,
the applicant is not afflicted with any physical or mental disease
or infirmity which might make him an unsafe or unsatisfactory driver.
(3)
Exhibit his current New York State driver's license
of a proper class for inspection.
(4)
Be fingerprinted under the direction and supervision
of the Town Clerk. 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.
B.
Every applicant for a driver’s license or driver’s
license renewal issued pursuant to this chapter shall demonstrate
to the Town Clerk that he/she has satisfied any outstanding judgments
and/or paid any civil or criminal penalty owed for a violation of
Chapter 71 of the Consolidated Laws of the State of New York, entitled
Vehicle and Traffic Laws of the State of New York.
[Added 11-18-2008 by L.L. No. 14-2008]
C.
Every applicant for a driver’s license shall
be fingerprinted and his or her criminal history obtained from the
New York State Division of Criminal Justice.
[Added 11-18-2008 by L.L. No. 14-2008]
D.
Prior to the issuance of a prearranged for-hire vehicle
driver's license, such applicant shall submit to drug testing, and
all prearranged for-hire vehicle drivers licensed by the Town shall
submit to additional drug testing upon each application for renewal
of such person's prearranged for-hire vehicle driver's license. Each
licensee shall submit to such drug testing no less often than once
each year.
[Added 11-18-2008 by L.L. No. 14-2008]
(1)
Any applicant who tests positive for drugs or intoxicating
liquors shall be denied a prearranged for-hire vehicle driver's license,
and the prearranged for-hire vehicle driver's license of any licensee
who tests positive for drugs or intoxicating liquors shall be revoked
after notice and an opportunity to be heard.
(2)
Such drug test shall be administered by a person or
entity holding the requisite permit from the New York State Department
of Health.
(3)
Individual test results and any related medical information
about such applicant or licensee shall be confidential, shall not
be disclosed except to the applicant or licensee or his or her representative,
and shall not be entered or received as evidence at any civil, criminal
or administrative trial, hearing or proceeding other than an administrative
trial, hearing or proceeding for the denial or revocation of the prearranged
for-hire vehicle driver's license as set forth in this subsection.
No person, other than an applicant or licensee who is the subject
of such records to whom such records are disclosed, may redisclose
such records.
E.
An applicant for a for-hire vehicle driver's license
shall agree that service of any paper, notice, letter, summons, complaint
or legal process of any kind or nature may be made by the Town Clerk
or any Town of North Hempstead official or department thereof upon
the person to whom the license is issued by leaving a copy of any
such paper, notice, letter, summons, complaint or legal process with
any member of his or her family or any other person with whom he or
she may reside at the address listed in his or her application.
[Added 11-18-2008 by L.L. No. 14-2008]
F.
Defensive driving course. Every applicant must submit
proof of completion of a state-approved defensive driving course;
such course must have been completed no more than six months prior
to the date of application. Any individual renewing a prearranged
for-hire vehicle driver’s license must submit proof of completion
of a state-approved defensive driving course; such course must have
been completed no more than three years prior to the date of the renewal
application.
[Added 11-18-2008 by L.L. No. 14-2008[1]]
[1]
Editor's Note: This local law also redesignated
former Subsection B as Subsection G.
G.
The requirements of this section may be waived at
the discretion of the Town Clerk upon the showing of facts warranting
the waiver thereof.
[Amended 6-13-2006 by L.L. No. 8-2006]
Upon receipt of any application, except on an
application for a driver'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 driver's
license. The Town Clerk may, in his/her discretion, refer license
renewal applications to the New York State Division of Criminal Justice
for investigation and report.
[Amended 6-13-2006 by L.L. No. 8-2006]
Upon receipt of the requisite report from the
New York State Department of Criminal Justice and a driver abstract
from the New York State Department of Motor Vehicles or, in the event
of a renewal, upon receipt of the application, the driver abstract,
and the Criminal Justice Report where requested, the Town Clerk shall
investigate to ensure to his/her satisfaction the following:
A.
That the applicant holds a valid New York State driver's
license;
B.
That the applicant is a fit and proper person to obtain
a driver's license, taking into consideration the following:
(1)
The applicant's age;
(2)
The applicant's relevant work experience;
(3)
The applicant's driving history and ability as reflected
in the abstract provided by the New York State Department of Motor
Vehicles;
(4)
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
(5)
The applicant's criminal history if any, as reflected
in the report received from the New York State Department of Criminal
Justice, if applicable.
C.
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.
D.
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.
E.
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, anger management, alcohol, or substance abuse 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.
F.
Upon the completion of his or her investigation, the
Town Clerk shall issue a driver's license to an applicant who (1)
holds a valid New York State driver's license or a valid license of
equivalent class issued by an adjacent state; and (2) is an individual
the Town Clerk deems fit and proper to hold such driver's license
in accordance with the factors identified above. A driver's license
shall be denied to an applicant who does not meet such criteria.
[Amended 11-18-2008 by L.L. No. 14-2008]
G.
A driver'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 E of this section, after a reasonable opportunity to provide such documentation has been provided;
A.
At the time of the issuance of such license, the Town
Clerk shall furnish to the applicant a numbered badge, containing
a photograph of the applicant, which badge must be conspicuously displayed
on the outer clothing in the hollow of the left shoulder of each licensed
driver at all times when he is operating a taxicab, limousine or private
livery van in the Town of North Hempstead.
B.
Such badges shall remain the property of the Town
and shall be returned to the Town Clerk upon suspension or revocation
of the taxicab, limousine or private livery van driver's license.
The driver's license issued hereunder shall
not be transferable.
