NOTICE OF PUBLIC HEARING - INTRODUCTORY LOCAL LAW LOCAL LAW NO. ____-2023 TAXICABS AND VEHICLES FOR HIRE LICENSING LAW OF THE TOWN OF RAMAPO - March 22, 2023 @ 7:00 PM
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Ramapo, Rockland County, New York, will meet on March 22, 2023, at 7:00 o'clock P.M., Prevailing Time, at the Town Hall located at 237 Route 59, Suffern, New York 10901, for the purpose of conducting a public hearing in relation to the following proposed local law:
TOWN OF RAMAPO
INTRODUCTORY LOCAL LAW
LOCAL LAW NO. ____-2023
TAXICABS AND VEHICLES FOR HIRE
LICENSING LAW OF THE TOWN OF RAMAPO
Be It Enacted by the Town Board of the Town of Ramapo:
Section 1. LEGISLATIVE INTENT
- This Chapter shall be known as the “Taxicabs and Vehicles for Hire Licensing Law of the Town of Ramapo.”
- The Town Board of The Town of Ramapo hereby declares that the transportation of persons by motor vehicles available for hire in the Town of Ramapo is a vital service which must be licensed and regulated in order to protect the health, safety and welfare of individuals using such services.
- The Town Board of the Town of Ramapo further finds that unregulated use of the streets of Ramapo by present and future taxicab operators contributes to traffic congestion in a manner not responsive to solution by the general application of the vehicle and traffic laws of the State of New York, and that the regulation of such use on behalf of Town by the Taxi and Limousine Commission is the most efficient mechanism of enforcement available.
- The intent and intended scope of this Taxicabs and Vehicles for Hire Licensing Chapter is to:
(1) Control and regulate the level of service of taxicabs picking up passengers in the Town of Ramapo.
(2) Prohibit the pickup of passengers within the Town of Ramapo for
destinations either within or without the town of Ramapo by taxicabs and other vehicles for hire not licensed to do business in the Town of Ramapo.
Section 2. DEFINITIONS
As used in this chapter, the following terms shall have the following meanings indicated:
- OPERATOR and/or OWNER -A person, firm, corporation or entity owning, controlling the use of or engaged in the business of operating one or more taxicabs for hire upon the streets of the town.
- RATE CARD – A rigid white sheet of paper not less than 8 ½ inches by 11 inches, encased in a transparent wrapper to be securely affixed to the vehicle as to be clearly visible to passengers in the vehicle and clearly readable, containing information as required pursuant to this chapter.
- TAXICAB- Any motor vehicle engaged in the business of carrying persons for hire, whether the same is operated from a street stand, a garage or otherwise operated for hire, except vehicles known as “jitneys”, “buses”, livery vehicles providing transportation to and from medical providers such as doctors, hospitals, clinics and other providers of medical services without charging a fee to those being transported or subject to the provisions of the Transportation Corporation Law or used by undertakers in carrying on their business. Notwithstanding anything above written, “taxicabs” shall include a livery vehicle or any vehicle for hire carrying passengers, unless specifically excluded under any provision of this chapter.
- TAXICAB DRIVER’S LICENSE – A current, unexpired license granting permission by the Town of Ramapo to any person to drive a licensed taxicab or vehicle for hire upon the streets of the Town of Ramapo.
- TAXICAB OPERATING LICENSE – A current, unexpired license granted by the Town of Ramapo to any person, firm, corporation or entity to operate or keep for hire any taxicab in the Town of Ramapo.
- VEHICLE FOR HIRE-Any motor vehicle engaged in the business of carrying persons for hire, which does not operate from a street stand and is not available for hail, except vehicles known as “jitneys, “buses”, livery vehicles providing transportation to and from medical providers such as doctors, hospitals, clinics and other providers of medical services without charging a fee to those being transported or those used by undertakers. A vehicle displaying a license plate designated by the New York State Department of Motor Vehicles for use by vehicles for hire shall be presumed to be so engaged.
- VEHICLE FOR HIRE OPERATING LICENSE - A current, unexpired license granted by the Town of Ramapo to any person, firm, corporation or entity to operate or keep a vehicle for hire in the Town of Ramapo.
- TOWN – The Town of Ramapo
Section 3. ESTABLISHMENT OF TAXI & LIMOUSINE COMMISSION
A Taxi and Limousine Commission is hereby established. The Taxi and Limousine Commission shall consist of five persons, shall be appointed by the supervisor and shall serve a one-year term. The Taxi and Limousine Commission shall make recommendations regarding the rules, regulations, and policies for the operation of taxicabs, limousines and vehicles for hire in the Town of Ramapo. The Taxi and Limousine Commission shall review and approve all applications for operating licenses and driver’s licenses for all taxicabs and vehicles for hire. The Taxicab and Limousine Commission shall also hear and decide upon revocations and suspensions of operating licenses and driver’s licenses for all taxicabs and vehicles for hire.
Section 4. TAXICAB OR VEHICLE FOR HIRE OPERATING LICENSE
REQUIRED
No taxicab or vehicle for hire may be kept for hire or pay nor pick up passengers for hire or pay within the Town of Ramapo, unless a taxicab or vehicle for hire operating license, together with an inspection certificate and sticker for the same, has been duly issued and is in full force and effect.
Section 5. TAXICAB OPERATING LICENSE FEES
The fee for each taxicab license and the fee for the annual renewal thereof shall be in accordance with the Standard Schedule of Fees of the Town of Ramapo.
Section 6. VEHICLE FOR HIRE OPERATING LICENSE FEES
The fee for each vehicle for hire licensed and the fee for the annual renewal thereof shall be in accordance with the Standard Schedule of Fees of the Town of Ramapo
Section 7. APPLICATION FOR TAXICAB OR VEHICLE FOR HIRE
OPERATING LICENSE
An application for a taxicab or vehicle for hire operating license shall be made by the owner to the Town Clerk upon forms furnished by the Taxi and Limousine Commission. Said application shall contain the following information:
- The name, date of birth and residence of the person applying for the license.
- The type of motor vehicle to be licensed and the state license number.
- The location of the taxicab dispatch center or centers to be used by the operator during the license year, the name of the owner of such dispatch center, the name of the manager or other employees in charge of each such dispatch center and the telephone number of each such dispatch center.
- The experience of the applicant in the taxicab business.
- The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature or transaction of acts giving rise to said judgments.
- Prior arrests and convictions, including the nature of the offense, jurisdiction, date committed and sentence, if any.
- All accidents during prior 36 months involving property damage or personal injury, together will a full explanation of same.
- Convictions for moving violations within the last 36 months.
- Such other information as the Town Clerk, Taxi and Limousine Commission or Chief of Police may deem necessary for the safety and convenience of the public.
Section 8. PERSONS PROHIBITED FROM RECEIVING LICENSE;
APPEALS; LICENSES NOT TRANSFERABLE
- No taxicab or vehicle for hire operating license shall be issued to any person who has been convicted of a felony or any sex offense or who has been found not to be of good moral character. Any applicant refused a license by the Taxi and Limousine Commissionmay appeal to the town board, which may direct, after investigation, that a license shall be issued to operate a taxicab or vehicle for hire to a person who has been convicted of a felony, other than a sex offense, upon ample proof being submitted to the Town Board that the applicant has been a person of good moral character for a period of three years preceding the date of filing the application for a taxicab or vehicle for hire operating license.
- Each taxicab and vehicle for hire operating license issued shall be personal to the licensee and shall not be transferred by the licensee.
Section 9. INSPECTION AND REINSPECTION OF VEHICLES: INSPECTION
STICKERS
- A taxicab or vehicle for hire exterior and interior shall be kept in a clean and good condition, and all parts of the taxicab and vehicle for hire shall be in good working order and safe condition as evidenced by the display of a duly issued and valid New York State inspection Certificate.
- The taxicab or vehicle for hire shall be inspected as to its exterior and interior condition prior to issuance and renewal.
- The taxicab or vehicle for hire shall have a valid New York State Inspection Sticker displayed in accordance with the New York State Vehicle and Traffic Law.
- The following items on each vehicle shall be inspected prior to the issuance of a license or renewal license:
(1) Condition of paint on the vehicle.
(2) Body of the vehicle, including rust conditions.
(3) Lettering of said vehicle.
(4) Interior lights.
(5) Illuminated dome light which shall illuminate the word “taxi”.
(6) Cleanliness of windows and glass. Windows shall not have any tinting
and shall be transparent.
(7) any other items that the inspector shall deem necessary and proper.
- The Taxi and Limousine Commission is authorized to establish such additional rules and regulations as are necessary to ensure the condition of fitness for operation and use of taxicabs and vehicles for hire and it shall establish the form of certificate to be issued therefor.
Section 10. ASSIGNMENT OF TAXICAB OPERATING LICENSE NUMBER
Upon the issuance of a taxicab operating license, the Taxi and Limousine Commission shall thereupon assign and designate a number for such licensed taxicab which shall be displayed on the exterior rear doors, as well as the upper quarter panel of the said taxicab, in numbers at least 6 inches in height and one inch in width in a color that contrasts with the background color of the taxicab, so that the same is legible at a distance of 50 feet during daylight hours. Said number shall also be displayed in the interior of said taxicab in numbers at least two inches in height, so that the same is visible to passengers in the front and rear of the taxicab. Such requirements as to display do not apply to vehicles for hire.
Section 11. IDENTIFICATION AND MARKING OF VEHICLES
All Taxicabs shall be clearly identified or marked on the exteriors as follows:
A. The name of the company, owner or operator and telephone number in three-inch minimum and six inch maximum lettering andan approved decal on each front door.
B. Identifying numerals four inches high on the center of the rear trunk deck so as to be legible from the rear.
Section 12. LIABILITY INSURANCE REQUIRED
The Clerk shall not issue a taxicab or vehicle for hire operating license until the applicant provides a certificate of insurance, identifying the Town of Ramapo as the certificate holder, demonstrating that every vehicle which will be operated in the Town is insured in the amount of $100,000.00 for bodily injury to any person, $300,000.00 for injuries to more than one person which are sustained in the same accident and $50,000.00 for property damages resulting from one accident, by an insurance company licensed to do business in the State of New York. The licensee shall also provide a certificate demonstrating that a policy of workers compensation is in full force and effect. The applicant must keep said policies of insurance in effect at all times, and the licensee shall provide a current certificate of insurance to the town clerk prior to the end of the policy period specified in the certificate of insurance. Said certificate of insurance shall provide for 20 days notice of cancellation to the town.
Section 13. DISPLAY OF DRIVER’S PHOTOGRAPH, RATE CARD AND RATES
- Each taxicab shall display at all times a rate card which shall contain the name and address of the owner of the Taxicab and the number assigned to said taxicab. The rate card shall also contain the schedule of fares charged by the operator.
- Each taxicab and vehicle for hire shall display at all times the driver’s license of the driver of the taxicab or vehicle for hire or a current photo of the driver with the driver’s full name.
- The required card or cards shall be placed on the dashboard inside said taxicab or vehicle for hire and shall be illuminated after sundown so they are clearly readable from the rear seat by the passenger.
- There shall be no additional charges for handling packages or baggage.
- Each taxicab shall have displayed on the rear doors thereof the maximum fare rate currently being charged by operator.
Section 14. DURATION OF TAXICAB OR VEHICLE FOR HIRE OPERATING
LICENSE
A taxicab or vehicle for hire operating license shall be issued for a one year period, unless sooner suspended or revoked.
Section 15. SUSPENSION OR REVOCATION OF TAXICAB OR VEHICLE FOR
HIRE OPERATING LICENSE
- A taxicab operating license or vehicle for hire operating license may be suspended by the Chief of Police or the Town Supervisor for good and proper reasons and in the interest of the Town until the next regular meeting of the Taxi and Limousine Commission, at which time the Taxi and Limousine Commission shall review and determine the question of revocation, suspension or reinstatement of the license.
- A taxicab operating license or vehicle for hire operating license may be suspended or revoked by the Taxi and Limousine Commission after a hearing if it is found that the vehicle licensed as a taxicab or vehicle for hire has been used:
(1) for an immoral or illegal purpose or business.
(2) For a violation of any Town local law or resolution or any state or federal
law.
(3) If the owner has knowingly failed to provide safe transportation to any
passenger using the taxicab or vehicle for hire.
(4) Charging excessive fares.
Section 16. REGISTER OF LICENSED TAXICABS AND VEHICLES FOR HIRE
The Town Clerk shall keep a register of the name of each person owning or operating a taxicab or vehicle for hire licensed under this chapter, together with the license number and description, make and color marking of such vehicle. Such record, subject to limitations set forth in the Public Officers Law of the State of New York, shall be open to the public at all reasonable times.
Section 17. TAXICAB/VEHICLES FOR HIRE DRIVER’S LICENSE REQUIRED
No person shall drive, nor shall any person permit a taxicab or vehicle for hire to be driven on the streets in the Town of Ramapo unless driver thereof has been duly licensed and unless there is in full force and effect a Town of Ramapo driver’s license to drive such a taxicab or vehicle for hire.
Section 18. FEE FOR TAXICAB DRIVER’S LICENSE/VEHICLES FOR HIRE
The fee for a taxicab and/or Vehicles for Hire drivers’ license and renewal shall be in accordance with the Standard Schedule of Fees of the Town of Ramapo. No license fee shall be charged for owners of duly licensed taxicabs or vehicles for hire and for stockholders of corporations licensed to operate taxicabs and vehicles for hire in the Town unless they drive such motor vehicles.
Section 19. APPLICATION FOR TAXICAB DRIVER’S LICENSE
- An Application for Town taxicab driver’s license shall be made to the Town Clerk on forms designated by the Taxi and Limousine Commission. No license shall be issued or renewed unless it appears from said application and from any investigation that the applicant:
(1) Has been issued and maintains a valid and current New York State
Chauffeur’s license.
(2) Is of sound mind and body and of good health and eyesight and is not
subject to any physical or emotional disability which might render him/her
unfit for safe operation of the taxicab.
(3) Is a person of good moral character.
(4) Has not been convicted of a crime, misdemeanor or any moving traffic
violation offense, which violation is indicative of unsafe driving.
(5) Applicants shall provide a full face picture, passport size.
(6) Applicants shall provide the Taxi and Limousine Commission with a
certified copy of the applicant’s driving abstract from the Department of
Motor Vehicles dated within 60 days of the date of the application, and
such other information and the payment of such other fees as the Taxi and
Limousine Commission, Town Clerk or Chief of Police may deem
necessary for the safety and convenience of the public, including but not
limited to any forms or application authorizing a background screening of
the applicant.
- Any person denied a driver's license by the Taxi and Limousine Commission may appeal said determination to the Town Board within 30 days after receiving the notification thereof. The Town Board may grant a license if it finds that the applicant has met the standards of this chapter or that the provisions of this chapter should be waived because of undue hardship, and that the safety of the public will not be diminished thereby.
Section 20. CONTENTS AND ISSUANCE OF TAXICAB DRIVERS LICENSE;
DURATION OF LICENSE
- Upon satisfactory fulfillment of the requirements set forth in accordance with this chapter, there shall be issued to the applicant a Town taxicab driver’s license which shall be in such form as to contain the signature of the licensee and the blank spaces for such additional information as the Taxi and Limousine Commission, Town Clerk or Chief of Police may require in the interest of public safety and convenience. Each license shall be stamped with the seal of the Town. 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 date of issuance.
- A town taxicab driver’s license shall be valid for one year, unless sooner suspended or revoked.
Section 21. RECORD OF TAXICAB DRIVER’S LICENSE
A record of applications and Town taxicab drivers’ licenses issued, and all renewals, suspensions and revocations thereof shall be kept on file at the Town Clerk’s office.
Section 22. SUSPENSION OR REVOCATION OF TAXICAB DRIVER’S LICENSE
A. A taxicab driver’s license may be suspended by the Town Supervisor, The Chief of Police, or any person so designated for good and proper reasons and in the interest of the Town until the next regular meeting of the Taxi and Limousine Commission, at which time the Taxi and Limousine Commission shall review and determine the question of revocation, suspension or reinstatement of the license.
B. A taxicab operating license or vehicle for hire operating license may be suspended or revoked by the Taxi and Limousine Commission or persons so designated after a hearing if it is found that the vehicle licensed as a taxicab or vehicle for hire has been used:
(1) for an immoral or illegal purpose or business.
(2) For a violation of any Town local law or resolution or any state or federal law.
(3) If the owner has knowingly failed to provide safe transportation to any passenger using the taxicab or vehicle for hire.
(4) Charging excessive fares.
Section 23. TAXICAB DRIVER’S LICENSE TO BE CARRIED
Any taxicab driver’s license issued pursuant to this chapter shall be carried by the licensee at all times when such licensee is operating or in charge of any taxicab.
Section 24. TRANSFER OR ASSIGNMENT OF TAXICAB OPERATING LICENSE
PROHIBITED
A license issued hereunder shall not be assignable or transferable to any other person. 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.
Section 25. REFUSAL TO PROVIDE SERVICES
No taxicab or vehicle for hire may refuse to provide service to any person, nor may the driver refuse to provide service to any person for transportation from the Town of Ramapo to any point within the County of Rockland. No person shall be required to pay for any trip in advance.
Section 26. TRIP RECORDS
A trip record shall be kept by each licensed taxicab driver showing the time dispatched, the destination, the time of arrival at the destination, the number of passengers and the total fare. Such trip record shall be submitted to the Taxi and Limousine Commission upon request.
Section 27. PENALTIES FOR OFFENSES; ENFORCEMENT
- An appearance ticket shall be issued for a violation of any section of this chapter and shall be returnable before a Justice of the Town of Ramapo Justice Court.
- Upon the conviction of any section of this chapter, the penalty shall not exceed $500.00 for each section violated and suspension or revocation of the Town Taxicab’s driver’s license, taxicab operating license or vehicle for hire operating license.
Section 28. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State.
At said public hearing the Town Board will hear all persons interested in the subject matter thereof.
TAKE FURTHER NOTICE that procedures for attending the public hearing by Zoom (for viewing purposes only) will be timely posted on the Town website at www.ramapo.org.
The Town of Ramapo will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Town Clerk.
Dated: Suffern, New York,
March 9, 2023
BY ORDER OF THE TOWN BOARD OF THE TOWN OF RAMAPO, ROCKLAND COUNTY, NEW YORK