[HISTORY: Adopted by the Board of Trustees of the Village
of Brewster 3-3-2010 by L.L. No. 1-2010.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former
Ch. 236, Taxicabs, adopted 3-4-2009 by L.L. No. 1-2009.
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Trustees of the Village of Brewster, New York.
The Clerk of the Village of Brewster, New York, and the Village
of Brewster Board of Trustees' designee with respect to administration
of the provisions of this chapter, unless otherwise stated to the
contrary.
Any person(s), corporation, partnership or other entity that
solicits or receives requests for taxi service.
As the term is used in § 236-2, shall mean the operation of a taxicab engaged in the business of carrying persons for hire within the limits of the Village in which such trip originates within the boundaries of the Village of Brewster, except:
Vehicles subject to the provisions of the Transportation Law;
Vehicles used by undertakers in carrying on their business;
Vehicles used during the conduct of a wedding, a high school
prom or similar event; and
Any other use as the Village of Brewster Board of Trustees may
determine from time to time by resolution to be necessary and appropriate.
Any person having title to one or more vehicles used for
hire as taxicabs upon the streets of the Village of Brewster.
One or more persons of either sex, corporations, partnerships,
associations, joint-stock companies, societies and all other entities
of any kind capable of being sued.
A decal on which is printed the tariff rates in the Village
as provided in this chapter shall be displayed conspicuously by being
affixed to the rear of the front passenger seat or headrest and should
not only post the fares for trips within the Village, but also advise
passengers that fares for trips outside the Village are to be determined
by agreement in advance of a trip, on a decal of a uniform size as
prescribed by the Clerk. The rate decal shall be issued to the owner
of the vehicle. The operator's license card, which shall also
include the rates, will be issued to the operator.
Any street, alley, avenue, court, bridge, lane, public place
or shopping center in the Village.
Any motor vehicle engaged in the business of carrying persons
for hire within the limits of the Village, whether the same is operated
from a street stand or subject to calls from a central dispatching
point, or otherwise operated for hire, except:
Vehicles subject to the provisions of the Transportation Law;
Vehicles used by undertakers in carrying on their business;
Vehicles used during the conduct of a wedding, a high school
prom or similar event; and
Any other use as the Village of Brewster Board of Trustees may
determine from time to time by resolution to be necessary and appropriate.
Permission granted to any person to own or register a vehicle
for hire as a taxicab in the Village.
Any person who operates a taxicab, whether such person is
the owner of such taxicab or registrant of such taxicab or employed
to operate such taxicab.
Any place alongside the curb of a street or elsewhere which
is exclusively reserved for the use of taxicabs.
Permission granted to any person to operate a taxicab in
the Village.
The Village of Brewster, in the County of Putnam, State of
New York.
It shall be unlawful for any person to operate any taxicab without
first having obtained and paid for a license to operate a taxicab,
and having the same in force and effect, under the provisions of this
chapter.
A.
The Village of Brewster Board of Trustees shall act as the Board
of Taxi Commissioners and when so acting shall be known as the "Board
of Taxi Commissioners" or the "Taxi Commission."
B.
Except as otherwise provided in this chapter, the Taxi Commission
may request any licensee to appear before it for a hearing based upon
any complaint against such licensee relative to the provisions of
this chapter or any other applicable local law or state law. Upon
request, the Taxi Commission shall receive from the Justice Court
all reports of any convictions for which a summons was issued and
shall, upon request, be provided copies of complaints received by
the office of the Sheriff of Putnam County, New York, and complaints
received from the public and copies of all accidents involving the
licensee. The licensee shall be given the opportunity to be heard,
including the right to present witnesses, confront his or her accuser
and the right to cross-examine witnesses against him or her. After
a hearing, the Taxi Commission may suspend or revoke any such license
or take such other action as it may deem proper. It shall file its
determination together with supporting findings of fact with the Clerk.
No person shall operate a taxicab and no owner or registrant
or dispatcher shall permit anyone to operate a taxicab within the
Village without such operator having first obtained and paid for and
having in force and effect a taxi operator's license under the
provisions of this chapter.
A.
Each applicant for a taxi operator's license must comply with
the following to the satisfaction of the Clerk:
(1)
He/she must first have a valid New York State Class E driver’s
license, or a valid New York State CDL driver’s license.
[Amended 6-19-2013 by L.L. No. 2-2013]
(2)
He/she shall be of the age of 18 years or over.
(3)
He/she shall be of sound physique, with good eyesight and not subject
to epilepsy, vertigo, heart trouble or any other infirmity of body
or mind which might render said applicant unfit for the safe operation
of a public vehicle, to be evidenced by the production of a physician's
certificate. Operators must have a physical examination every year,
to be evidenced by producing a physician's certificate that renders
said operator fit for the safe operation of a public vehicle. An operator
who suddenly develops an illness or disability between regular periods
of physical examination, temporarily preventing him or her from operating
a cab, must be reexamined by a physician and show evidence that he
or she is fit for the safe operation of a public vehicle.
(4)
He/she shall be able to understand the rules and regulations which
govern this chapter and pass a written examination to be given by
the Clerk with regard to same.
(5)
He/she shall be clean in dress and person.
(6)
He/she shall not be addicted to the use of intoxicating liquor or
drugs.
(7)
He/she shall fill out, on duplicate blank forms to be provided by
the Clerk, a statement giving his or her full name; residence for
five years previous to moving to his or her present address; age;
social security number; telephone number; height; color of eyes and
hair; place of birth; places of previous employment during the five
years previous to the application, with dates of each employment;
whether married or single; whether convicted of a felony or misdemeanor;
whether previously licensed as a taxicab operator in any jurisdiction
in the State of New York; if so, whether such license has ever been
revoked and for what cause; and the class number of license issued
by the state, which statement shall be signed and sworn to by the
applicant and filed with the Clerk as a permanent record. The original
application shall be filed with the Clerk. A copy of said application
shall be forwarded by the Clerk to the office of the Sheriff of Putnam
County.
(8)
He/she shall agree to submit to drug and alcohol testing upon reasonable
suspicion of intoxication or impairment through a panel of physicians
selected by the Village.
(9)
He/she shall be subject to, and by submission of the application
agrees to be subject to, periodic driver’s license status checks
in which the Village of Brewster will obtain from the New York State
Department of Motor Vehicles the driving record of the applicant or
licensee (the driving record). The driving record may be obtained
by the Village upon submission of the application prior to the issuance
of a taxi operator’s license. The driving record may also be
obtained by the Village of Brewster periodically throughout the period
the license is in effect, as well as upon any application to renew
the license. The driving record may be obtained by the Village of
Brewster without prior notice to the taxi operator or applicant, and
the taxi operator’s license maybe subject to suspension or revocation
depending upon the results of the driving record, and an application
to obtain or renew a license may be denied based upon the driving
record.
[Added 6-19-2013 by L.L. No. 2-2013]
B.
False statements.
(1)
Each application shall contain the following statement: "It is a
crime punishable as a Class A misdemeanor to knowingly make a false
statement herein."
(2)
Any false statements made by the applicant for a taxi operator's
license shall be promptly reported by the Clerk to the Village Attorney.
The Clerk is empowered to require such additional information as may
be deemed necessary.
Each applicant for a taxi operator's license must file
with the application four unmounted, unretouched, color photographs
of himself or herself, showing his or her full face and no part of
the person below the shoulders, taken within the 30 days preceding
the filing of the application. Photographs shall be of a size which
may be easily attached to the license, one of which shall be attached
to the license when issued and one attached and filed with the application.
Each licensed operator shall, upon demand, exhibit his/her license
and photograph for inspection. The photograph shall be so attached
to the license that it cannot be removed and another photograph substituted
without detection.
A.
Upon satisfactory fulfillment of the foregoing requirements, there
shall be issued to the applicant a license which shall be in such
form as to contain a photograph and signature of the licensee.
B.
The license shall bear the same number and shall be numbered by the
Clerk, and the license shall contain the name of the licensee and
the dates of issuance and expiration of the license.
C.
The license shall be placed on the right-hand side of the dashboard
in an upright position in the taxicab which is in the charge of the
licensee so as to be fully visible at all times to passengers in the
taxicab.
D.
Licenses shall be issued as of July 1 in each year and shall be valid
to and including June 30 of the next succeeding year unless previously
suspended or revoked.
E.
No license shall be issued to a person who has been convicted of
a felony.
F.
Taxi operator's licenses shall not be transferred.
A taxi operator's license may be renewed from year to year
by the Clerk after completion of a new application, signed and sworn
to by the applicant. Four recently taken color photos shall be submitted.
The operator's license holder shall apply for renewal within
30 days prior to the expiration of said license; if not applied for
within that time period, said license at the conclusion of said period
shall be deemed abandoned.
A.
There shall be a fee for each taxi operator's license, whether
it be originally issued or renewed, as set forth in the Village fee
schedule set from time to time by resolution of the Village of Brewster
Board of Trustees.
B.
There will be an additional fee for replacement of lost licenses
as set forth in the Village fee schedule set from time to time by
resolution of the Village of Brewster Board of Trustees.
The Clerk may request any operator licensed hereunder to appear before him or her for an informal hearing based on any complaint, or on his or her initiative, if there is cause to believe that the licensee has violated any provision of this chapter or any other local law or state or federal law, or that said operator's continued operation of a taxicab would jeopardize the public safety. Upon a hearing, the Clerk may suspend an operator's license up to a maximum of 10 days. If, in the discretion of the Clerk, the appropriate penalty should be in excess of a ten-day suspension or a revocation of the license, the Clerk shall refer the matter to the Taxi Commission for a formal hearing which shall conduct same under the procedures set out in § 236-3B of this chapter. Any such suspension shall be noted on the records of the Clerk, together with a statement of the reasons therefor, a copy of which shall be given to the licensee, and the operator shall be deprived of his or her license accordingly.
[Amended 8-3-2011 by L.L. No. 7-2011]
A.
It shall be unlawful for any person to own a motor vehicle to be
operated as a taxicab upon the streets of the Village without first
having obtained therefor a taxicab license under the provisions of
this chapter from the office of the Clerk. Such license shall be issued
as of July 1 and shall be valid to and including June 30 next succeeding,
unless previously suspended or revoked. No license shall be issued
unless said person and vehicle are affiliated with a dispatching company
duly licensed under the provisions of this chapter. No license shall
be issued to a person convicted of a felony.
B.
Pursuant to the authority granted to the Village of Brewster Board
of Trustees under § 181 of the General Municipal Law, the
maximum number of taxicab licenses permitted in the Village of Brewster
at any given time shall be as set from time to time by resolution
of the Board of Trustees of the Village of Brewster.
A.
Application for a taxicab license shall be made by the owner upon
blank forms furnished by the Clerk. Such application shall contain
a statement giving:
(1)
The name, home 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)
The vehicle identification number (VIN) of the vehicle.
(5)
The vehicle registration number and a copy of the current New York
State vehicle registration.
(6)
Evidence of current inspection and insurance in compliance with state
law. Prior to the issuance of a taxicab license, a certificate of
insurance shall be provided to the Village of Brewster naming the
Village of Brewster as an additional insured on the insurance policy
insuring each taxicab for which a license is issued by the Village
of Brewster.
(7)
The place and date of any felony and misdemeanor convictions of all
persons to whom such vehicle is to be registered.
(8)
The place and date of any previous licenses in the Village or 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 dispatch company that will dispatch for the
vehicle.
(11)
Written consent of the dispatch company for said vehicle.
(12)
Name and address and a certified copy of the taxi operator's
license and a copy of the New York State motor vehicle operator's
license for persons who will operate the vehicle.
(13)
Proof of liability insurance. Prior to the issuance of a taxicab
license, a certificate of insurance shall be provided to the Village
of Brewster naming the Village of Brewster as an additional insured
on the insurance policy insuring each taxicab for which a license
is issued by the Village of Brewster.
(14)
Such other information as may be prescribed by the Clerk.
B.
False statements.
(1)
Each application shall contain the following statement: "It is a
crime punishable as a Class A misdemeanor to knowingly make a false
statement herein."
(2)
Any false statements by the owner of a taxicab shall be promptly
reported to the Village Attorney. The Clerk is authorized to require
such additional information as may be deemed necessary.
A.
All applications for renewal shall be returned for approval at least
30 days before the expiration date. Proof of liability insurance and
that the applicant is the owner or registrant in compliance with the
Vehicle and Traffic Law must accompany the renewal application. Prior
to the issuance or renewal of a taxicab license, a certificate of
insurance shall be provided to the Village of Brewster naming the
Village of Brewster as an additional insured on the insurance policy
insuring each taxicab for which a license is issued by the Village
of Brewster.
B.
It shall be the duty of the owner and/or the registrant to immediately
report to the Clerk any cancellation or revocation of insurance or
any change in the availability of the licensed vehicle to operate
as a taxicab or any change in the dispatch company of said vehicle.
C.
A licensed vehicle owner may replace the licensed taxicab with another
vehicle if the taxicab shall become disabled, disqualified for service
or the like, provided that the license holder makes prior application
to the Clerk and makes payment of a fee as set forth in the Village
fee schedule set from time to time by resolution of the Village of
Brewster Board of Trustees, and that said replacement vehicle complies
with the requirements of this chapter.
D.
Upon prior application and approval by the Clerk, transfers of the taxicab license shall be permitted and authorized upon the consent of the transferor/licensed vehicle owner, provided that the transferee meets the license requirements of § 236-12 with payment of a fee as set forth in the Village fee schedule set from time to time by resolution of the Village of Brewster Board of Trustees.
E.
Upon prior application and approval by the Clerk, if a licensed vehicle is to be reregistered by a taxicab license owner to another person or entity, then said owner must provide a complete application containing the information required in § 236-12A(2) through (14), inclusive, with payment of a fee as set forth in the Village fee schedule set from time to time by resolution of the Village of Brewster Board of Trustees.
A.
Each taxicab shall have permanently affixed to both front doors the
name of the dispatch company, the business telephone and the taxicab
license number. The taxicab license number provided by the Village
shall be permanently affixed to each rear door of the vehicle, as
well as to the rear of the vehicle, in a manner that makes the taxicab
license number easily visible from either side of the vehicle and
from the rear of the vehicle. The taxicab license numbers to be affixed
to the vehicle will be provided by the Village at the applicant's
cost, at a fee to be set by the Board of Trustees, which may be amended
from time to time by resolution of the Board of Trustees. The taxicab
license numbers affixed to the vehicles must be those provided by
the Village.
[Amended 9-7-2016 by L.L.
No. 2-2016]
B.
Each taxicab shall be equipped with an outside roof or dome light
to clearly indicate when a taxicab is available for hire or off duty.
A.
No vehicle shall be licensed until it has been thoroughly inspected
and found to be in a safe condition for the transportation of passengers.
(1)
Appearance.
(a)
Every vehicle shall be well painted and in good appearance,
interior and exterior.
(b)
Any cab damaged in any way must be reported to the Clerk within
24 hours of the accident, at which time a form will be provided to
the owner of said cab which must remain in the vehicle until such
time as repairs are made. The cab must be repaired no later than 30
days from the date of the accident. When repairs are made the vehicle
must be inspected to the satisfaction of the Clerk or his designee.
(2)
The baggage compartment of every vehicle shall be clean and capable
of holding passengers' baggage.
(3)
Maximum age of the vehicle shall be no more than five years of the
present years of manufacture.
(4)
Taxicabs shall be kept clean. Every taxicab operated in the Village
shall be kept in a clean and sanitary condition and shall be swept
and dusted at least once a day. The interior woodwork, glass and floor
shall be cleaned thoroughly with suitable antiseptic solution.
(5)
Cabs shall be kept in repair. Every taxicab shall be kept in such
condition of repair as may be reasonably necessary to provide for
the safety of the public and for continuous and satisfactory operation.
B.
Inspection of vehicles shall be annually. The inspection shall be
performed by a private garage licensed as an inspection station, so
designated by the Village, the cost of which is to be borne by the
applicant.
A.
If, upon inspection, a taxicab is found to be of lawful construction
and in proper condition, in accordance with the provisions of this
chapter, upon the payment of the license fee hereinafter set forth,
the same shall be licensed by delivering to the license holder a card
of such size and form as may be prescribed by the Clerk.
B.
The card shall contain the official taxicab license number of the
taxicab, together with the date of inspection of the same, and a statement
to the effect that, in case of any complaints, the Clerk shall be
immediately notified by the licensee, who shall give the license number
of the taxicab and a detailed statement of the complaint. The complainant
may lodge a complaint with the Clerk. The owner shall also display
a rate card in the vehicle which is visible to the riding public,
said card to be furnished by the Clerk.
Each taxicab licensed under this chapter shall pay a minimum
annual fee as set forth in the Village fee schedule set from time
to time by resolution of the Village of Brewster Board of Trustees.
Any person wishing to register a complaint regarding taxicab
service may do so by obtaining a complaint form by calling the office
of the Clerk who shall be empowered to investigate same and take such
action as may be deemed appropriate, either on his or her own or by
referral to the Taxi Commission, as the case may be.
A.
It shall be unlawful for any person, individual, company, corporation
or entity to solicit or receive requests for taxi service without
having first obtained a taxi dispatching license from the Clerk.
B.
Applications for such license shall be made to the Clerk on forms
provided by the Clerk.
(1)
Such application shall include:
(a)
The name, address and age, if applicable, of the applicant.
(b)
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, address and social security number
of all owners, partners, managers, members of the boards of directors
and holders of 10% or more of the outstanding stock or indebtedness
of such entity.
(c)
The actual or estimated number of licensed operators for which
the applicant proposes to solicit or receive requests for taxi service
and the names and addresses of such operators, if available.
(d)
The address of the location from which the applicant proposes
to solicit or receive such requests.
(e)
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.
(f)
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.
(g)
A current certificate of insurance shall be provided in no less
than the minimum amounts set out in the New York State Insurance Law.
(i)
Such other information as the Clerk may require.
(2)
Such application shall be sworn to before a notary public and filed
with the Clerk as a permanent record.
(3)
False statement.
(a)
Each application shall contain the following statement: "It
is a crime punishable as a Class A misdemeanor to knowingly make a
false statement herein."
(b)
Any false statements by the applicant for a company dispatch
license shall be promptly reported to the Village Attorney. The Clerk
is hereby authorized to require such additional information as may
be deemed necessary.
C.
License approval.
(1)
Upon approval by the Village of Brewster Board of Trustees, the Clerk
shall issue a license to the applicant. Such approval shall be given
or denied within 30 days of submission of the application to the Clerk.
Upon disapproval of any applicant, the Clerk shall notify the applicant
in writing of the reasons for such disapproval.
D.
Licenses shall be issued as of July 1 in each year and shall be valid
to and including June 30 of the next succeeding year unless previously
suspended or revoked. Licenses may be renewed from year to year by
the Clerk after completion of a new application, signed and sworn
to by the applicant. The annual fee for such license shall be as set
forth in the Village fee schedule set from time to time by resolution
of the Village of Brewster Board of Trustees.
E.
It appearing that there are insufficient places to put taxi stands
to provide parking in the core areas of the Village, including the
train station area, and that, as a result, there are arguments and
disturbances and the streets are congested by the dispatching of taxicabs
and the pickup and dropoff of passengers and that the number of taxi
companies bears a direct relationship to the amount of congestion
and to the disturbances that arise; it appearing, in addition, that
the pressure for more and more drivers as more companies are created
results in danger to the public health, welfare and the good relationships
necessary to living in a densely populated community, for these reasons
the following limitations are set:
F.
Each dispatch company licensed under this chapter shall keep a complete,
accurate and legible record, on forms provided by the Clerk's
office, of each call on a daily log sheet which shall be exhibited
upon request to the Clerk or his/her designee. These records must
be kept on file and available for inspection for a period of not less
than three years.
The Clerk shall keep a register of the name of each person owning
or operating a taxicab licensed under this chapter, together with
the license number and the description and make of such vehicle, with
the date and complete record of inspections made of it.
A.
Subject to the provisions of Subsection B below, nothing shall prohibit a taxicab being dispatched to a location to pick up a customer pursuant to a prearranged advance reservation. When picking up such customer, a taxicab shall stand at such location for no more than three minutes.
B.
Notwithstanding any other provision of this chapter, at no time shall
any taxicab occupy any parking space which has a parking meter adjacent
to it and which space is subject to the collection of money for the
right to park at such space. This prohibition shall be in effect 24
hours a day, seven days a week, regardless if such space is subject
to the collection of money at the time in question.
C.
At no time shall any taxicab enter private property or business property
for any purpose. This prohibition shall not apply to property owned
by a dispatch company with which a taxicab is affiliated or property
the owner or resident of which has given said taxicab permission to
use such property.
D.
The Village of Brewster Board of Trustees may from time to time designate
appropriate areas in the Village for the queuing and parking of taxicabs.
A.
No charge shall be made for a passenger's suitcase, traveling
bag, valise, shopping bags or other articles carried by hand by a
passenger.
B.
After a cab has been engaged, additional passengers may not be taken
except with the consent of the passenger occupying the cab.
C.
The operator of a taxicab transporting a passenger or passengers
from a point within the Village limits shall charge the fares as set
forth above from the point of origin to the Village limits and may
charge such additional fares as the operator and the passenger may
mutually agree upon for the ride beyond the Village limits. This agreement
shall be made prior to departure and will be final.
A.
Every taxicab operator of a taxicab shall have the right to demand
payment of the legal fare in advance and may refuse employment unless
so prepaid, but no taxicab operator shall otherwise refuse or neglect
to convey any orderly person or persons upon request anywhere in the
Village, unless previously engaged or unable to do so.
B.
It shall be unlawful for any person to refuse to pay the authorized
fare of any of the vehicles mentioned in this chapter after having
employed same, and it shall be unlawful for any person to hire any
vehicle herein defined with the intent to defraud the person from
whom it is hired or engaged of the value of such service.
A.
Whenever a passenger demands a receipt for a payment of his or her
fare, it shall be given to him or her by the taxicab operator. Such
receipt shall show the name of the taxicab operator, the name of the
owner of the taxicab, the number of the taxicab, the time when the
trip began and ended and the amount of fare collected.
B.
The taxicab operator shall keep a complete, legible and accurate
record of each trip upon a daily trip sheet, showing the time and
place of origin and destination of the trip, the number of passengers
carried and the amount of fare collected. This record shall be kept
in the vehicle and exhibited upon request to the Clerk. When the taxicab
operator goes off duty, this record shall promptly be filed with the
dispatch company with whom he or she is affiliated, and such record
shall be kept on file, and available for inspection, by the Clerk
for a period of not less than three years.
A.
No taxicab operator while awaiting employment by passengers shall
stand on any public street or place, including a space designated
for the parking or loading of vehicles, other than at or upon a taxicab
stand, designated or established in accordance with this chapter.
No person except a passenger shall be allowed to ride on the front
seat of the taxicab with the operator.
B.
No taxicab operator, dispatch company, or agent or employee of such
dispatch company, shall use their voice, the horn, or other audible
device to hail or to gain the attention of a fare. No taxicab operator,
dispatch company, or agent or employee of such dispatch company, shall
use a sign, other than that posted on the taxicab itself, to hail
or to gain the attention of a fare. This shall not prohibit the display
of a sign for a business as otherwise permitted in the Code of the
Village of Brewster.
Every taxicab operator of a taxicab, immediately after the completion
of the fare, shall carefully search such taxicab for any property
lost or left therein, and any such property, unless sooner claimed
or delivered to the owner, shall be taken to the dispatch company
and deposited with the dispatch company in charge within one hour
after the finding thereof
Any and all licenses issued by the Village of Brewster pursuant
to this chapter are at all times the property of the Village of Brewster,
and may be revoked or suspended at any time for cause after a hearing
by the Taxi Commission under the procedure set forth in this chapter.
A.
Any owner, operator or dispatch company of a taxicab not licensed
or equipped in accordance with the provisions of this chapter, or
of a taxicab the license of which has been suspended or revoked, who
engages in the taxicab business as defined herein or attempts to engage
in such business or solicits passengers for hire shall be guilty of
a violation and, upon conviction, shall be punished by a penalty of
not more than $250 or by imprisonment not exceeding 15 days, or by
both such penalty and imprisonment.
B.
Any person not having been duly licensed as a taxicab operator or
any person whose license as such operator has been revoked or any
person whose license has been suspended and who, during the term of
nonlicense, revocation or suspension, operates for hire a taxicab
upon the streets of the Village, and any dispatch company that engages
in the business of soliciting or dispatching for said person a taxi
for hire, shall be guilty of a violation and, upon conviction, shall
be punished by a penalty not exceeding $250 or by imprisonment not
exceeding 15 days, or by both such penalty and imprisonment.
C.
Upon conviction of any person or entity for any violation of a provision
of this chapter for which no punishment is specifically provided,
the violation shall be punishable by a penalty not exceeding $250
or by imprisonment not exceeding 15 days, or by both such penalty
and imprisonment.
D.
In addition to the penalty or imprisonment, or both, authorized by
this chapter, any licensee shall be subject to the suspension or revocation
of his or her license, upon conviction, for any violation of this
chapter. The Clerk may, in his/her discretion, suspend or revoke a
license granted under this chapter pending or in advance of the criminal
prosecution of the licensee.
B.
All taxicabs must carry a Village street map at all times.
C.
Under no circumstances should there be more than four passengers
in a taxicab.
D.
All taxicabs must display, where it can be readily seen by the riding
public, and in a format approved by the Clerk, a copy of the following
Taxi User's Bill of Rights, the violation of which may result
in the suspension or revocation of a taxi operator's license
and/or a penalty or fine as provided in this chapter.
(1)
Taxi User's Bill of Rights.
(a)
A passenger has the exclusive use of any taxicab, and no taxicab
operator shall require a passenger to accept any other passengers
without his or her consent.
(b)
A passenger can choose any taxicab in line at a taxi stand.
(c)
If a group is starting at one location and going to the same
destination, one passenger pays full, the others pay $1 each. [Note:
applies only to trips within Village limits.]
(d)
Taxicab operators may not solicit or refuse an orderly fare.
(e)
Taxicab operators must produce identification on request.
(f)
Taxicab operators may not smoke in the taxicab.
(g)
Taxicab operators shall make every attempt to ensure that passengers
arrive at their destination in a timely manner. Passengers should
be available upon the arrival of a taxi dispatched to them. No operator
is obliged to wait for a fare.
(2)
All violations may be reported to the Clerk's office at (845)
279-3760.
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.
