[HISTORY: Adopted by the City Council of
the City of Corning 7-5-2011 by L.L. No. 3-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 212,
Taxicabs, adopted 1-7-1963, as amended.
No person or person, firm, copartnership or corporation shall
keep for hire or for use as owner or otherwise within the limits of
the City of Corning any taxicab or motor vehicle used for the purpose
of carrying passengers for hire or operate the same along any street,
avenue, or public place in the City of Corning without having the
same in charge of persons duly licensed as provided in this chapter.
It shall also be unlawful for any person to operate or permit to be
operated a taxicab upon the streets of the City of Corning without
first having obtained therefor a taxicab license as provided in this
chapter. All such owners, drivers and other persons in charge or control
of any such taxicab shall be subject to the provisions of this chapter.
As used in this chapter, the following terms shall have the
meaning indicated:
Permission granted by the City of Corning to any person to
drive upon the streets of such City any licensed taxicab.
Any person owning or having control of the use of one or
more taxicabs used for hire upon the streets of the City of Corning
or engaged in the business of operating a taxicab or taxicabs.
Any motor vehicle engaged in the business of carrying persons
for hire, whether the same be 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 Corporation Law, or
used by undertakers in carrying on their business.
Any person who drives a taxicab, whether such person be the
owner of such taxicab or employed by a taxicab owner or operator.
Permission granted by the City of Corning to any person to
operate or keep for hire any taxicab in such City.
It shall be unlawful for any person to drive, operate or keep
for hire or pay within the limits of the City of Corning any taxicab
or taxicabs without first having obtained and put for a license to
drive, a license for operating or keeping for pay or hire, or both,
and having the same in force and effect, under the provisions of this
chapter.
No person shall drive a taxicab and no person shall permit anyone
to drive a taxicab within the limits of the City of Corning 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:
A.
Have obtained and be in possession of a New York State Class E Chauffeur's
license;
B.
Be of the age of 18 years or over;
C.
Be able to read and write the English language;
D.
Complete an application form to be provided by the Chief of Police
through the office of the City Clerk, a statement showing that the
applicant has the qualifications set forth above, which statement
in addition shall set forth the full name and place of residence of
the applicant; whether or not he or she is a resident of the United
States; whether he or she has ever been convicted of a felony, misdemeanor
or traffic infraction, and if so, circumstances of such conviction;
whether applicant's taxicab driver's license, New York chauffeur's
license or operator's license has ever been suspended or revoked;
and such other information as the Chief of Police may reasonably require.
Such statements shall be numbered and signed and sworn to by the applicant;
and one copy thereof shall be filed with the City Clerk.
Upon satisfactory fulfillment of the foregoing requirements
and upon the written approval of the issuance of a license by the
Chief of Police, he/she shall sign and issue 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 shall be made
of any arrest or serious complaint against him. Any licensee who defaces,
removes or obliterates any official entry made upon his/her license
shall be punished by the revocation of his/her license. The driver's
license shall be issued as of July 1 of each year, and shall be valid
to and including June 30 next succeeding, unless previously suspended
or revoked. No temporary permit shall be issued except when an extraordinary
public emergency arises effecting transportation of the public upon
the streets of the City; such temporary permits when issued shall
be upon such terms and conditions as the Chief of Police shall provide,
but such temporary permits shall in no event be granted for a longer
period than 30 days, and may be renewable for similar periods, from
time to time as may be necessary, only upon the authorization of the
Chief of Police. The fee for such temporary permits shall be the same
as for a driver's license as provided in this chapter. Such license
or permits shall be carried by the licensee at all times when operating
or in charge of any taxicab.
The license fee for a driver's license shall be established
by the Director of Public Safety with the approval of the City Council.
Upon complaint of any person a driver's license or permit
may at any time be suspended or revoked for cause after a hearing
by the Director of Public Safety. Any such suspension shall require
the immediate surrender of the license. No driver whose license or
permit has been suspended or revoked shall be again licensed as a
taxicab driver in the City of Corning unless upon presentation of
reasons satisfactory to the Chief of Police.
A.
It shall be unlawful for any person, firm, copartnership or corporation
to operate or permit to be operated a taxicab upon the streets of
the City of Corning without first having obtained therefor a taxicab
license under the provisions of this chapter. Such license shall be
issued as of July 1 and shall expire on June 30 next succeeding, unless
sooner suspended or revoked. Application for taxicab license shall
be made by the owner upon application forms furnished by the Chief
of Police through the office of the City Clerk. The application fee
shall be set by the Director of Public Safety with the approval of
the City Council.
B.
The applicant must attach to his application a schedule showing the
rates of fare to be charged to and from points within the City limits
and to and from points outside City limits. In addition thereto, said
schedule shall set forth the amount charged for waiting time or special
charges.
No vehicle shall be licensed until it has been thoroughly and
carefully inspected and examined and found to be in a thoroughly safe
condition for the transportation of passengers, clean, fit, of good
appearance and well painted and varnished. The Chief of Police shall
designate who shall make such examination and inspection before a
license is issued, and shall have the right to make such inspection
of such licensed vehicle at any time they deem the same necessary.
The Chief of Police shall refuse a license to, or if already issued,
revoke or suspend a license of, any vehicle found upon inspection
and examination to be unfit or unsuited for public patronage.
If, upon inspection, a taxicab is found to be of lawful construction
and in proper condition, in accordance with the provisions of this
chapter and if the issuance of a license therefor is approved by both
the Chief of Police and upon the payment of the license fee hereinafter
set forth, the same shall be licensed by delivering to the owner a
card of such size and form as may be prescribed by the Chief of Police.
The card shall contain the official license number of the taxicab,
together with the date of inspection of the same. Such card shall
be signed by the Chief of Police. Any licensee who defaces, obliterates
or changes any official entry made upon his license shall have his
license revoked. No license shall be transferable. The owner or operator
of said taxicab may, at any time, file with the Chief of Police a
statement showing that new or different rates are to be charged thereafter
for the use and hire of any taxicab so owned by him.
Upon complaint of any person, taxicab licenses may be revoked
or suspended any time for cause after a hearing by Director of Public
Safety if the vehicle shall be used for illegal business, or for a
violation of any ordinance or state law governing the operation of
motor vehicles or if a fare in excess of the rate of fare on file
for said taxicab shall knowingly be charged for the use of said taxicab.
When the license is suspended or revoked, the taxicab license shall
be forthwith taken from the licensee, and the City Clerk shall be
notified of such suspension or revocation.
The City Clerk shall keep a record in his/her office of each
license or permit issued to a driver and all renewals, suspensions
and revocations thereof, which record shall be kept with the original
application of the driver for a license, and the City Clerk shall
also 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 the make of such vehicles, with the date and
the complete record of inspection made of it, the record of driver's
licenses and permits and licensed taxicabs shall be open to inspection
of the public at all reasonable times.
Each licensed driver, while operating a taxicab, and the owner
of such taxicab, shall cause the taxicab license and schedule of fares
to be kept in a conspicuous place within such taxicab where the same
will be in view of the passenger and easily read.
Every driver of a taxicab, immediately after the termination
of any hiring, must carefully search the taxicab for any property
lost or left therein, and any such property, unless sooner claimed
or delivered to the owner, must be taken to the police station and
deposited with the officer in charge within 24 hours after the finding
thereof, and the officer to whom such report shall be made shall make
a written record thereof.
Nothing herein contained shall be construed to limit or restrict
any person, firm, copartnership or corporation operating and maintaining
a motor bus transportation system upon regular routes and schedules
upon the streets of the City of Corning, provided such owner or operator
of such motor buses or motor transportation system has been duly authorized
by the Public Service Commission of the State of New York to maintain
and operate such transportation system.
No taxicab driver shall carry more than five passengers in a
taxicab commonly known as a "five-passenger taxicab," and no taxicab
shall carry more than seven passengers in what is commonly termed
a "seven-passenger taxicab."
All ordinances or parts of ordinances inconsistent with the
provisions of this chapter are hereby repealed.
Any person violating any of the provisions of this chapter shall,
upon conviction, be punished by a fine not exceeding $250 or imprisonment
not exceeding 15 days or both, and in addition thereto, if a licensee,
his/her license or licenses may be suspended or revoked.
The fact that any court of competent jurisdiction may hereafter
declare unconstitutional or invalid any part or section of this chapter
shall not affect nor invalidate the remaining provisions of this chapter.
