[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.]
Unless otherwise expressly stated, whenever
used in this chapter, the following words shall have the meaning given
to them by this section:
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.
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.
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.
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.
Includes any street, alley, avenue, court, bridge, land or
public place in the City of Lockport.
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.
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.
This chapter shall take effect and be in force
from and after its approval as required by law.
