[HISTORY: Adopted by the Common Council of the City of Lockport 1-16-1985; amended in its entirety 9-7-2005. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Traffic Advisory Committee — See Ch. 42.
Traffic Violations Bureau — See Ch. 44.
Vehicles and traffic — See Ch. 183.
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meaning given to them by this section:
DRIVER'S LICENSE
Includes permission granted by the City of Lockport to any person to drive any licensed taxicab or livery, including trolley operators and sightseeing service, upon the streets of such City.
LIVERY
Every motor vehicle, other than a taxicab or a bus, used in the business of transporting passengers for compensation. However, it shall not include vehicles which are rented or leased without a driver.
OPERATOR
Includes any person owning or having control of the use of one or more taxicab or livery, trolley operators and sightseeing services, used for hire upon the streets of the City of Lockport or engaged in business of operating a taxicab or livery, trolley and sightseeing service.
PERSON
Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
STREET
Includes any street, alley, avenue, court, bridge, land or public place in the City of Lockport.
TAXICAB, INCLUDING TROLLEY OPERATORS AND SIGHTSEEING SERVICES
Includes any motor vehicle engaged in the business of carrying persons for hire, whether the same is operated from a street stand or subject to calls from a garage or otherwise operated for hire, except vehicles subject to the provisions of the Transportation Corporations Law or used by undertakers in carrying on their business.
TAXICAB/LIVERY DRIVER, INCLUDING TROLLEY OPERATORS AND SIGHTSEEING SERVICES
Any person who drives a taxicab or livery, trolley and sightseeing service, whether such person is the owner of such taxicab or livery, trolley and sightseeing service or employed by a taxicab/livery owner or operator, including trolley operators and sightseeing services.
No person shall drive a taxicab/livery, including trolley operators and sightseeing service, and no person shall permit anyone to drive a taxicab/livery, including trolley operators and sightseeing service, within the limits of the City of Lockport without such driver having first obtained and paid for and having in force and effect a driver's license under the provisions of this chapter.
Each applicant for a driver's license must comply with the following to the satisfaction of the City Clerk. The applicant must:
A. 
First have obtained a New York State chauffeur's license and/or appropriate license as required by the New York State Department of Motor Vehicles.
B. 
Fill out, upon a form to be provided by the City Clerk, a statement giving the following information:
[Amended 12-17-2008]
(1) 
Personal history: the name and address of the applicant, any other name the applicant has been known by, places of residence for the past five years previous to moving to present address, including out-of-state addresses, age, height, color of eyes and hair, place of birth, date of birth, place of previous employment.
(2) 
Previous licenses: whether the applicant is or has previously been assigned a taxicab license and, if so, in what jurisdiction.
(3) 
Previous revocations: whether the applicant currently holds or was the former holder of a taxicab license which has been revoked or suspended and, if so, for what cause.
(4) 
Convictions of a crime or traffic offense: whether the applicant has been convicted of a crime or any traffic offense and specifically listing the particulars of each offense and in what jurisdiction. Submission of a criminal background check from each municipality that the applicant has resided in for the past 10 years shall be required at the applicant's expense.
Each applicant for a driver's license must file with his application two unmounted, unretouched photographs of himself in such position as the City Clerk may direct, taken within 30 days preceding the filing of his application. Photographs shall be two inches by two inches in size. One photograph shall be attached to the license when issued, and the others shall be filed with the application. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without detection. Each licensed driver shall, upon demand, exhibit his license and photograph for inspection. When the application for a license is denied, the photographs shall be returned to the applicant by the City Clerk.
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 and blank spaces upon which a record may be made of any arrest of or serious complaint against him. A license shall also contain a physical description of the applicant, including but not necessarily limited to his or her age, color, sex, height, weight and color of eyes and hair. Each license shall be stamped by the Seal of the City upon at least a portion of the photograph. Annually, all licenses shall be numbered in the order in which they are issued and shall contain the name and place of residence of the licensee and the dates of issuance and expiration of the license and shall be signed by the City Clerk. Any licensee who defaces, removes or obliterates any official entry made upon his license shall be punished by the revocation of his license. Drivers' licenses may be issued on any business day and shall be valid for a twelve-month period, unless previously suspended or revoked.
[Added 12-17-2008]
A. 
The City Clerk shall deny any applicant's petition for a taxicab license under the following circumstances:
(1) 
Any conviction for a sex offense as defined by § 130 of the Penal Law.
(2) 
Any felony conviction within the past 10 years.
(3) 
Any conviction involving dishonesty.
(4) 
Any conviction for violation of § 1192, Subdivision 2, 3 or 4, of the Vehicle and Traffic Law of the State of New York within the past five years.
B. 
Furthermore, the City Clerk may deny an applicant for any other reason he/she deems detrimental to the safety of persons within the taxicab as passengers.
The fee for a taxicab/livery driver's license shall be the sum of $25, payable at the time of application per annum, and no license fee shall be prorated.
A driver's license or permit may at any time be suspended or revoked for cause after a hearing by the judge presiding in Lockport City Court, Criminal Division. Any such suspension shall be noted on the license together with a statement of the reasons therefor. When the license or permit is suspended or revoked, a note of the revocation or suspension shall be forthwith sent to the Police Department and the City Clerk by the Lockport City Court Clerk in charge of the Criminal Division. A second suspension for the same reason, or, in any case, a third suspension of a driver's license, shall revoke the license. No driver whose license or permit has been revoked shall be again licensed as a taxicab/livery driver in the City, unless upon the presentation of reasons satisfactory to the Court with the advice of the Chief of Police.
The license application shall be kept on file in the office of the City Clerk in accordance with the Records Retention and Disposition Schedule for Use by Municipalities. Records of license suspension(s) and/or revocation shall be kept on file permanently.
A. 
The Chief of Police shall maintain constant vigilance over all taxicabs/livery to see that they are kept in a condition of continued fitness for public use. All taxicabs/livery may be assigned an identifying number subject to the discretion of the Police Chief, and if so assigned, all owners, operators and drivers are required to permanently display such number in a prominent place on each taxicab/livery.
B. 
All City taxicabs/livery may at the discretion of the Police Chief be inspected at least once each year or on the complaint in writing of any citizen, as often as may be necessary, by the Police Department. Said inspection will be at the Police Department's discretion as to time and location. Reports, in writing, of all inspections shall be promptly filed in the Police Department.
C. 
If the duly authorized agent of the Police Department determines that any taxicab/livery does not meet the requirements of this section or any requirement of the Vehicle and Traffic Law of the State of New York or of any other ordinance, rule or regulation of the City of Lockport, he shall immediately warn the operator and/or driver of such violation, indicating that such future use of the taxicab/livery for hire is immediately suspended until the violations have been corrected. In the event that the operator and/or driver fails to meet such requirements and make such corrections, any police officer is hereby authorized to arrest the operator and/or driver for such violation(s) of this chapter and/or of any other applicable provision(s) of the Vehicle and Traffic Law or other ordinance, rule or regulation of the City of Lockport.
A. 
No driver of a licensed taxicab or livery shall carry any other person than the passenger first employing a taxicab/livery, without the consent of such passenger.
B. 
Fares; receipts. Whenever a passenger asks for a receipt, it shall be given to him by the driver. Such receipt shall show the name of the driver, the name of the owner of the taxicab/livery, the number of the taxicab/livery, the time when the trip began and ended and the amount of fare collected.
Every driver of a taxicab/livery immediately after the termination of any hiring or employment must carefully search such taxicab/livery for any property lost or left therein, and any such property, unless sooner claimed or delivered to the owner, must be taken to the Lockport Police Station and deposited with the officer in charge, within 24 hours after the finding thereof.
A. 
Every person to whom a license has been issued under the provisions of this chapter shall carry the same with him at all times while operating or driving a taxicab/livery. Such license shall not be assigned or transferred to any other person or be applicable to any other person than the one specified therein. Any licensee who permits his license to be used by any other person and any person who uses such license granted or given to any other person shall be guilty of a violation of this chapter.
B. 
Whenever a license shall be lost, stolen or destroyed, without fault on the part of the holder, a duplicate in lieu thereof under the original application may be issued by the City Clerk upon the filing of a sworn affidavit containing the facts of such loss or theft and upon furnishing a new two-inch-by-two-inch photograph of such driver and the payment of a fee of $2.
No person owning, operating or driving a taxicab/livery shall deceive any passenger who may ride or who may desire to ride in such vehicle to the destination by the shortest route or the lawful price to be charged for such person, or shall convey such passenger or cause him to be conveyed to a place other than that directed by him.
A. 
Cleaning taxicabs/livery. Every owner, operator or driver of a taxicab/livery shall, at all times, keep the inside of the cab/livery operated by him in a clean and sanitary condition and shall at least once each day thoroughly clean the inside of such taxicab/livery.
B. 
Change of address. Changes of addresses of operators or drivers shall be reported to the City Clerk, in writing, within three days.
A. 
Owners. Any owner, operator or driver of a taxicab/livery not equipped in accordance with the provisions of this chapter or of a taxicab/livery the license of which has been suspended or revoked, who engages in the business of a taxicab/livery as defined herein or attempts to engage in such business or solicits passengers for hire shall, upon conviction, be punished by a fine of not more than $250, or imprisonment for not exceeding 15 days, or by both such fine and imprisonment.
B. 
Drivers. Any person not having been duly licensed as a taxicab/livery driver or any person whose license has been suspended and who during the term of suspension drives for hire a taxicab/livery upon the streets shall, upon conviction, be punished by a fine of not more than $250 or imprisonment for not exceeding 15 days, or both such fine and imprisonment.
C. 
Upon conviction of any person for any violation of a provision of this chapter for which no punishment is specifically provided, the punishment, upon conviction for such violation, shall be a fine of not more than $250 or imprisonment for not exceeding 15 days, or both such fine and imprisonment.
D. 
Suspension and revocation of license. In addition to the fine, imprisonment, or both, authorized by this chapter, any licensee shall be subject to the suspension or revocation of his license upon conviction for any violation of this chapter. The court may, in its discretion, suspend or revoke a license granted under any provision of this chapter pending or in advance of the criminal prosecution of the licensee.