Taxicabs

[HISTORY: Adopted by the Board of Trustees of the Village of Carthage 2-20-1995 as L.L. No. 1-1995. Amendments noted where applicable.]

Traffic regulations -- See Ch. 135.

§ 129-1. Definitions.

DRIVER'S LICENSE -- Permission granted by the Village of Carthage to any person to drive upon the streets of such village in any licensed taxicab.

LICENSING OFFICIAL -- The Chief of Police of the Village of Carthage.

OPERATOR -- Any person owning or having control of the use of one (1) or more taxicabs used for hire upon the streets of the Village of Carthage or engaged in the business of operating a taxicab.

PERSON -- One (1) or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities capable of being sued.

STREET -- Any street, avenue, bridge or public place in the Village of Carthage.

TAXICAB -- 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.

TAXICAB DRIVER -- Any person who drives a taxicab, whether such person is the owner of such taxicab or employed by the taxicab owner or operator.

TAXICAB LICENSE -- Permission granted by the Village of Carthage to any person to operate or keep for hire any taxicab in such village.

§ 129-2. Prohibited acts.

§ 129-3. Taxicab driver's license required.

1. It shall be unlawful for any person to drive or operate a taxicab upon the public streets of the Village of Carthage, New York, unless the driver has in his or her possession a valid taxicab driver's license issued under the provisions of this chapter.

2. Any person interested in obtaining such license shall complete and file an application therefor with the Village Police Chief of the Village of Carthage. The qualifications of the driver, as hereinafter set forth, shall be examined by the Chief of Police, who shall, within thirty (30) days after the date of the filing of the application, issue such license.
3. Such licenses are not transferable.

§ 129-4. Qualifications for drivers.

1. Is at least twenty-one (21) years of age.
2. Is clean in dress and in person and is not addicted to the use of intoxicating liquor or drugs.
3. Presents to Chief of Police a statement of any physical conditions or impairments or any regularly prescribed medication. For any such condition, impairment or medication, the applicant shall submit a physician's certification that such conditions, impairments or medication does not impair the applicant's ability to drive a taxicab. [Amended 12-4-1995 by L.L. No. 7-1995]
4. Possesses a state chauffeur license valid in the State of New York for the purposes of driving or operating a taxicab.
5. Has prepared and furnished the Chief of Police of the Carthage Police Department with a listing of all of the applicant's arrests and convictions within the preceding five (5) years for violations of the Penal Law of the State of New York, the Vehicle and Traffic Law of the State of New York, the Code of the Village of Carthage and any other statute or statutes of the State of New York or the United States of America.
6. Is not disqualified pursuant to the provisions of § 129-6 of this chapter.
7. Has tendered with his or her application the license fee prescribed pursuant to § 129-14 of this chapter.

§ 129-5. Fingerprints to be filed; convicted felons.

1. Each applicant for a driver's license shall file with his or her application impressions of the fingers of his or her right hand. Such impressions shall be placed upon forms furnished by the licensing official, the impressions to be taken under the supervision of such licensing official or someone designated by him or her at such places as may be designed by such licensing official. Applications, with fingerprint impressions attached, shall be kept on file in the office of the licensing official, and no license shall be issued under the provisions of this chapter until the licensing official has filed in his or her office a report showing the results of the investigation and examination of the fingerprint impressions and said applications, fingerprint impressions and report showing the results of the investigation and examination of the fingerprinted person; provided, however, that a temporary license may be issued pending such investigation, not to exceed thirty (30) days. The fee is to be paid by the applicant, accompanying application.

2. No license shall be issued to a person who has been convicted of a felony.
3. The Chief of Police or other licensing official of the village may forego an independent inspection and/or background search if such inspection or background search has been conducted by some other community and the Chief or other licensing official can verify the information obtained from that other search and/or inspection. [Added 12-4-1995 by L.L. No. 7-1995]

§ 129-6. Disqualification of drivers.

1. He or she has been convicted of, pleaded guilty to or forfeited bond or collateral upon any of the following charges, whether the conviction, plea or forfeiture occurred in the State of New York or elsewhere:

(1) Any offense which constitutes a "serious offense" as that term is defined by § 265.00 of the Penal Law of the State of New York or any act supplementary thereof or amendment thereto.

2. He or she has accumulated, with the past twenty-four (24) months, eight (8) or more points on his or her driver's license, as such points are determined by the Department of Motor Vehicles of the State of New York.
3. He or she has, within the past two (2) years, had his or her license to operate a taxicab in the Village of Carthage revoked pursuant to the provisions of § 129-16 of this chapter.

§ 129-7. Photographs of driver.

§ 129-8. Contents and terms of driver's license; temporary permits.

1. 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 signature of the licensee and blank spaces upon which a record may be made of any arrest of a serious complaint against him or her. Each license shall be stamped with the Seal of the village. 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. Any licensee who defaces, removes or obliterates any official entry made upon his or her license shall be punished by the revocation of his or her license. Driver's licenses shall be issued as of the first of July in each year, and every year, and shall be valid to and including June 30 next succeeding, unless previously suspended or revoked.

2. No temporary permit shall be issued except when an extraordinary public emergency arises affecting transportation of the public upon the streets within the village. Such temporary permits, when issued, shall be upon such terms and conditions as the licensing official shall provide, but such temporary permits shall in no event be granted for a longer period than twenty (20) days and may be renewable for similar periods, from time to time as may be necessary, by the licensing official. The fee for such temporary permits shall be ten dollars ($10.).
3. Such license or permit shall be carried by the licensee at all times when operating or in charge of any taxicab, and any persons operating or in charge of a taxicab must exhibit his driver's license upon demand of any interested person.

§ 129-9. Renewal of driver's license.

§ 129-10. Suspension or revocation of driver's license or permit.

1. A driver's license or permit may at any time be suspended or revoked for cause after a hearing by the Police Justice of the Village of Carthage. Any such suspension shall be noted on the license, together with a statement of the reasons therefor, and the driver shall be deprived of his license by the official suspending or revoking of such license.

2. When the license or permit is suspended or revoked, the driver's license and a note of the revocation or suspension shall be forthwith sent to the licensing official; the license shall be returned to the driver at the expiration of the period for which the license was suspended.
3. The Police Justice, in his discretion, after a second suspension, may revoke the driver's license, and in any case, a third suspension of a driver's license shall cause said license to be automatically revoked.
4. No driver whose license or permit has been revoked shall be again licensed as a taxicab driver in the village, unless upon the presentation of reasons satisfactory to the Board of Trustees and upon the restoration of said license by the Board of Trustees.
5. The licensing official shall notify the Police Department whenever such license or permit is suspended or revoked.

§ 129-11. License records to be kept by licensing official.

§ 129-12. Taxi stand or business license required.

1. It shall be unlawful for any person or persons to engage in the business of transporting passengers for hire within the Village of Carthage, New York, without first obtaining a license to operate such taxi stand or business from the Police Chief of the Carthage Police Department. Any person or persons intending to engage in said business of transporting passengers for hire within the Village of Carthage, New York, must also possess a valid taxicab driver's license.

2. Any person interested in obtaining such license shall complete and file an application therefor with the Chief of Police of the Carthage Police Department. The Chief of Police shall review the applicant's qualifications, shall examine or cause to be examined the vehicles intended to be used by the applicant in such business and shall, within thirty (30) days after the date of filing of the application, issue a license for such use.
3. Such licenses are not transferable.
4. Any such license application shall also be reviewed by the Building Inspector of the Village of Carthage, or other appropriate official, to determine whether the operation and location of such taxi stand or business at the address designated in the application would violate the zoning code or building codes of the Village of Carthage.

§ 129-13. Vehicle license card.

1. 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 approval of the application and the payment of the license fee 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 licensing official. The card shall contain the official 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 licensing official shall be notified, giving the license number of the taxicab. Such card shall be signed by the licensing official and shall contain blank spaces upon which an entry shall be made of the date of every inspection of the vehicle.

2. The license card must be conspicuously posted in the taxicab.
3. The license number assigned hereunder shall, in each case, be the same as that assigned to the vehicle for that year, pursuant to law.
4. If a taxicab shall be disabled, disqualified for service or sold, the licensing official may, at his discretion, permit the use of a license granted for such taxicab to be transferred and used for another, provided that such taxicab and the license thereof comply with the provisions of this chapter.
5. Should the state license number of a taxicab be changed during the life of the taxicab license, such change and number shall be immediately reported by the licensee to the licensing official.

§ 129-14. License fee for vehicles.

§ 129-15. Inspection of vehicles after licensing.

§ 129-16. Suspension or revocation of taxicab license.

§ 129-17. Record of owners to be kept.

§ 129-18. Return of license or permit; nontransferability.

§ 129-19. General regulations.

1. Every holder of a taxicab license shall at all times keep the inside of the cab operated by him or her in a clean and sanitary condition and shall at least once a day thoroughly clean the inside of such taxicab.

2. Changes of address of the owner or driver shall be reported to the licensing official, in writing, within three (3) days.

§ 129-20. Taxicab identification.

§ 129-21. Taxicab parking space.

§ 129-22. Articles left in taxicab.

§ 129-23. Fares.

1. Every driver 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 driver of a taxicab shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the Village of Carthage unless previously engaged or unable to do so.

2. No driver of a licensed taxicab shall carry any other person than the passenger first employing a taxicab without the consent of said first passenger.
3. No person shall charge or attempt to charge any passenger a greater fare than that at which the taxicab is entitled under the provisions of this chapter.
4. Taxicab fares shall be based on the following rates: a charge of two dollars ($2.) per trip for four (4) or fewer passengers going to a common destination from one place in the Village of Carthage to any other place in the Village of Carthage. Plus, an extra charge of fifty cents ($0.50) for any extra stops to pick up or discharge passengers. In the alternative taxicab fares may be determined by a metered rate of one dollar ($1.) for the first one-tenth (1/10) mile and twenty cents ($0.20) for each one-tenth (1/10) of a mile thereafter up to a maximum of two dollars ($2.) for the first mile and one dollar and twenty cents ($1.20) for each full mile thereafter. [Amended 12-4-1995 by L.L. No. 7-1995]
5. There shall be no charge for personal hand luggage for fare-paying passengers.
6. There shall be no charge for children under eight (8) years of age when accompanied by a fare-paying passenger.
7. If a taxicab waits for more than ten (10) minutes for a passenger at the passenger's request, there may be a charge for waiting time of one dollar ($1.) for each ten (10) minutes or fraction thereof after the first ten (10) minutes.
8. A statement of the maximum fares prescribed by this chapter shall be posted conspicuously in all taxicabs on a form prescribed by the licensing official.

§ 129-24. Enforcement.

§ 129-25. Penalties for offenses.

[HISTORY: Adopted 1959 Code, secs. 508, 509 and 510. 1945, Ch. 671, secs. 397A, 397B and 397C. Amended in its entirety by the County Council 6-24-1997 by Bill No. 1997-3. Subsequent amendments noted where applicable.]

Taxicab companies -- See Anno. Code of Md. (1957), Art. 78, § 45 et seq.

§ 205-1. Purpose; ordinances authorized.

§ 205-2. Definitions.

CONTROLLED DANGEROUS SUBSTANCE -- Has the meaning stated in Article 27, § 277 of the Annotated Code of Maryland.

DEPARTMENT -- The Wicomico County Office of Sheriff.

OWNER -- The person or business entity in whose name a taxicab is registered with the Motor Vehicle Administration of the State of Maryland.

PERMIT -- A permit issued under this chapter to operate a taxicab in the county.

PERSON -- Any person, firm, partnership, association, corporation, company or organization.

TAXICAB -- A motor vehicle for hire designed to carry seven persons or less, including the driver, operated upon any public street or highway in Wicomico County or, on call or demand, accepting or soliciting passengers indiscriminately for transportation for hire between such points along public streets or highways in Wicomico County as may be directed by the passenger or passengers so being transported, provided that nothing in this chapter shall be construed to include as a taxicab a motor vehicle operated, with the approval of the Public Service Commission of Maryland, on fixed routes and schedules.

§ 205-3. Applicability.

§ 205-4. Driver's permit required.

1. An individual shall not operate a taxicab in the county without first obtaining a valid taxi driver's permit.
2. An owner of a taxicab shall not allow the taxicab to be operated by a driver without a valid taxi driver's permit.

§ 205-5. Application procedures and permit issuance.

1. An applicant shall submit an application to the Department. The application shall contain, but not be limited to, the following information:

(1) The applicant's name, current residence, residence(s) for the previous year, date of birth, race, height, weight, hair color, eye color, place of birth and motor vehicle driver's license number;

(2) The applicant's previous employer;

(3) A copy of the applicant's current driving record, including traffic violations, if any, from the Motor Vehicle Administration of the applicant's state of residence;

(4) The business address and telephone number from which the applicant will operate.

(5) A criminal justice information system (CJIS) Central Repository application for a criminal record check and the required fee to the CJIS Central Repository and a release of the information to the Wicomico County Sheriff's Department. [Added 2-25-1998 by Bill No. 1998-4]

2. The applicant shall obtain from the Department two photographs: one shall be attached to the permit when issued and one shall be attached to the application.
3. Upon receipt of a completed application, the Department shall issue a temporary taxi driver's permit which shall be valid for no more than 30 days. Within 48 hours of issuance of the temporary permit, the applicant shall submit to the Department the results of a drug screening test from a laboratory certified to engage in testing for controlled dangerous substances by the Maryland Department of Mental Health and Hygiene.
4. The Department shall inquire into the applicant's qualifications, including a criminal and driving record check, and, within 15 days after receipt of the application and drug screening test results, the Department shall either approve or deny the issuance of a permit. In the case of approval, the Department shall notify the applicant in writing of the approval and shall issue a permit on a form established by the Department. In the case of denial, the Department shall notify the applicant in writing of the denial. The notice of denial shall inform the applicant that he has the right of appeal to the Board of Zoning Appeals. [Amended 2-25-1998 by Bill No. 1998-4]

§ 205-6. Qualifications; denial of permit.

1. To qualify for a permit, an applicant shall:

(1) Submit an application to the Department in accordance with this chapter.

(2) Possess a valid motor vehicle driver's license and shall be at least 18 years old.

(3) Be able to understand the English language well enough to complete the permit application satisfactorily.

2. The Department may refuse to issue or renew a driver's permit if the driver:

(1) Does not meet a qualification for the permit;

(2) Has had any taxicab driver's permit or a similar license or permit revoked once or suspended twice; or

(3) Makes a material false statement on the application.

(4) Has been convicted of a crime that bears a direct relationship to the driver's fitness to serve the public as a taxicab driver. [Added 2-25-1998 by Bill No. 1998-4]

§ 205-7. Taxicab owner's permit.

1. An owner of a taxicab shall not allow the taxicab to be operated in the county without a valid owner's permit issued to the owner by the Department.
2. An owner of a taxicab shall not allow the taxicab to be operated in the county without the minimum liability insurance coverage required by the State of Maryland.
3. To qualify for a taxicab owner's license:

(1) A taxicab owner must be in compliance with all applicable provisions of Chapter 225, Zoning, and possess all applicable permits.

(2) A taxicab owner shall pay the required fee.

(3) A taxicab owner shall submit a taxicab owner's permit application, on a form supplied by the Department, that includes the following information:

(a) The make, year, model, serial number and registration number of each taxicab;

(b) The owner's name and address and, if a corporate owner, the name and address of the current resident agent for the corporation;

(c) The trade name under which the taxicab will be operated; and

(d) The Wicomico County address and telephone number from which the taxicab will be operated.

4. If more than one person owns a taxicab, any one of them may apply for a permit.
5. If a corporation applies for a permit, the application shall include the names and addresses of all persons holding a twenty-five-percent or greater ownership interest in the corporation.
6. The Department may refuse to issue or renew an owner's permit if the owner:

(1) Does not meet a qualification for the permit;

(2) Has had any taxicab owner's permit revoked once or suspended twice; or

(3) Makes a material false statement on the application.

§ 205-8. Fees.

1. Permit fees applicable under this chapter shall be as follows:

(1) Owner's permit: $10 per year.

(2) Drug screening tests: The taxi driver shall be responsible for all costs associated with the initial test upon application and for the first random test each year. In the event that an individual is selected for random testing more than once per license year, the county shall bear all costs associated with said tests and shall select the testing facility.

2. Permit fees shall not be prorated for portions of a year.

§ 205-9. Display of driver's permit; term.

1. Each person who holds a driver's permit shall conspicuously display the permit in the taxicab while operating a taxicab in the county.
2. Each driver's permit issued under this chapter shall expire on the date one year from the date of issuance. The initial issuance of permits shall be on a staggered basis as determined by the Department.

§ 205-10. Renewal of permits.

1. A taxi driver's permit may be renewed if the driver is in compliance with the requirements of this chapter.
2. An owner's permit may be renewed if the owner pays the renewal fee and is in compliance with the requirements of this chapter.

§ 205-11. Change of address or location.

§ 205-12. Random drug testing.

§ 205-13. Suspension and revocation of permits.

1. The Department may revoke or suspend a person's driver's permit if it finds:

(1) Facts existing prior or subsequent to the issuance of a driver's permit that would be cause under this chapter for refusal to issue or renew a permit;

(2) A violation of this chapter by the driver;

(3) That the driver has procured or attempted to procure a license or permit through fraud, misrepresentation, a false or misleading statement or an omission of material facts;

(4) That the driver has operated or allowed a taxicab to be operated in a manner that endangers the public health, safety or welfare;

(5) The driver's motor vehicle operating privileges have been suspended or revoked;

(6) The driver tests positive for the presence of a controlled dangerous substance as the result of a test administered under § 205-12 of this chapter. The first positive test shall result in a suspension of the driver's permit until the driver has, at his own expense, successfully completed a rehabilitation program. A second positive test shall result in revocation of the driver's permit; or

(7) The driver refuses to consent to a test required by the Department under § 205-12 of this chapter.

2. In the event that the Department revokes or suspends the permit of a driver, the driver's permit shall be immediately returned to the Department and the driver's employer shall be notified of the suspension or revocation.
3. The Department may revoke or suspend a person's owner's permit if it finds:

(1) Facts existing prior or subsequent to the issuance of a owner's permit that would be cause under this chapter for refusal to issue or renew a permit;

(2) A violation of this chapter by the owner;

(3) That the owner has operated or allowed a taxicab to be operated in a manner that endangers the public health, safety or welfare.

§ 205-14. Notice and opportunity for hearing.

1. Upon determination to revoke or suspend a owner's or driver's permit, the Department shall:

(1) Notify the holder of the permit of the Department's decision in writing by certified mail; and

(2) State the reasons for the Department's action.

2. The holder of an owner's or driver's permit revoked or suspended by the Department may, within 10 days of the decision, appeal the Department's decision to the Board of Zoning Appeals. The hearing before the Board of Zoning Appeals shall be conducted within 15 days of receipt of the notice of appeal.

§ 205-15. Violations and penalties.

[HISTORY: Adopted Rochester City Council 9-12-1967, Ord. 67-295; amended in its entirety 2-27-1979, Ord. 79-98.]

Vehicle noise restrictions -- See Ch. 75.
Vehicle and traffic regulations -- See Ch. 111.

§ 108-1. Terms defined.

CHIEF OF POLICE -- The Chief of Police of the City of Rochester or his designee.

CITY CLERK -- The City Clerk of the City of Rochester. [Amended 5-14-1996, Ord. 96-155; 6-18-1996, Ord. 96-206]

HACK PLATE -- A permit issued by the City Clerk allowing a person to operate a taxicab in the City of Rochester.

HOLDER -- The person to whom a license, including a hack plate or a limousine license plate, has been issued pursuant to the provisions of this chapter.

LICENSE/RATE CARD -- A card containing a taxicab driver's license and authorized tariff rates. [Added 12-17-1991, Ord. 91-513]

LIMOUSINE -- Any motor vehicle which is used by a hotel or a motel exclusively for the transportation of patrons between such hotel or motel and airports, railroad stations, bus terminals or other common-carrier stations. This definition shall not include any vehicle designated as a taxicab nor any chartered vehicle.

MANIFEST -- A written record or log of the use of a vehicle as a taxicab.

OPERATE -- To own, drive, hold a hack plate or have control of a taxicab, or to engage in the business of operating a taxicab upon the streets of the city.

OPERATOR -- A taxicab driver, owner, hack plate holder or other person controlling the use of a taxicab in the city. When the "operator" is not the driver of the taxicab, the "operator" as well as the driver shall be responsible for the acts of the driver and for assuring compliance with the provisions of this chapter.

PARTY -- Two or more passengers, not exceeding the capacity of the cab, who have agreed in advance among themselves to hire a taxicab to furnish their required service.

PERSON -- Any natural person, corporation, nonprofit corporation, partnership, association or other type of firm or business enterprise; excluding, however, governmental entities, agencies or subdivisions.

RATE CARD [Repealed 12-17-1991, Ord. 91-513]

TAXICAB -- A motor vehicle which is used for the purpose of carrying passengers for hire within the City of Rochester, but which does not operate upon a fixed route.

TAXICAB DRIVER -- Any individual who drives a taxicab.

TAXICAB DRIVER'S LICENSE -- A license permitting an individual to drive a taxicab within the city.

TAXICAB LIVERY -- An establishment maintained for the purpose of receiving calls and dispatching taxicabs to transport passengers.

TAXICAB STAND -- Any place along the curb or upon the street or a public place which is designated by the Traffic Control Board for the use of taxicabs, and which shall include a working taxicab stand and/or a taxicab parking zone.

TAXIMETER -- A mechanical or electronic instrument or device which measures the distance traveled and the waiting time upon which a charge for hire of a taxicab is calculated.

TIME CALL -- A request made at least two hours before service is required for a taxicab to be at a particular place at or before a particular time.

TRAFFIC CONTROL BOARD -- See § 111-83 of the Municipal Code.

§ 108-2. Hack plates.

1. No person shall knowingly operate, offer to operate or permit the operation for hire of any vehicle as a taxicab within the city unless a hack plate, issued pursuant to this chapter, is properly attached to such vehicle; provided, however, that this section shall not prevent any taxicab not having a hack plate attached from terminating a fare within the city when such fare commenced outside the city or from returning to pick up said fare at the request of the passenger or from answering a time call, as defined herein, in the city, as long as such taxicab has a valid Monroe County hack plate. [Amended 8-4-1987, Ord. 87-265; 2-15-1994, Ord. 94-40]
2. A hack plate shall be issued by the City Clerk after compliance with the provisions set forth in this chapter, upon payment of the required license fee and upon approval by the Chief of Police. [Amended 5-14-1996, Ord. 96-155]
3. A hack plate shall expire on the 30th day of June after its issuing, unless revoked, surrendered or abandoned at an earlier time.

§ 108-3. Application for hack plates.

1. Any person desiring to secure a hack plate shall register his name for such purpose with the City Clerk and shall pay a registration fee of $1.50. [Amended 5-14-1996, Ord. 96-155]
2. An applicant for a hack plate shall notify the City Clerk of any change of address. The offering of a hack plate will be forwarded by certified mail, return receipt requested, to the address listed with the City Clerk. [Amended 5-14-1996, Ord. 96-155]
3. No person shall have his name appear on the hack plate registration list more than once at any given time.
4. When a hack plate becomes available due to abandonment or revocation, such hack plate may be issued to the next registered person. The City Clerk shall notify the first person whose name appears on the hack plate registration list, in the order of date of registration, that a hack plate has become available. Such person must make application for the hack plate within 20 days from the date of mailing of such notice and must further comply with the provisions of this chapter in order to secure the hack plate. [Amended 5-14-1996, Ord. 96-155]
5. If the person so notified fails to complete an application and to secure a hack plate within the time permitted, the City Clerk shall notify the next person whose name appears on the list and who is eligible for a hack plate of the availability of a hack plate. [Amended 5-14-1996, Ord. 96-155]
6. The application for a hack plate shall contain the name and address of the applicant and such other information as the Chief of Police may require. An applicant shall certify that the hack plate will be used only on a vehicle that is in good mechanical condition and which meets all of the requirements for taxicabs as are set forth in this chapter.
7. The Police Department shall conduct an investigation of each applicant for a hack plate, and the report of said investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Chief of Police.

§ 108-4. Number of hack plates to be issued. [Amended 2-15-1994, Ord. 94-40]

1. The total number of regular hack plates issued annually by the city shall not exceed 260.
2. In addition, not to exceed 25 temporary hack plates may be issued to allow for the operation of a taxicab which may pick up passengers only between the hours of 6:00 p.m. and 6:00 a.m. the following morning. Any alleged violation of the time restrictions shall result in the immediate suspension of the temporary hack plate and, upon conviction of the violation, in the revocation of the temporary hack plate and the removal of a person's name from the city's registration list for regular hack plates. The temporary plates shall be issued to the next available person desiring such a temporary hack plate whose name appear on the hack plate registration list, in the order of date of registration. However, the acceptance or rejection of such a temporary plate shall not affect a person's standing to receive a regular hack plate. The holders of such temporary hack plates shall comply with all requirements of a hack plate holder, in addition to the time restrictions specified in this section.

§ 108-5. Minimum hours; abandonment and surrender of hack plates.

1. During the period from November 1 through April 30, a hack plate shall be used a minimum of 35 hours per week. During the period from May 1 through October 31, a hack plate shall be used for a minimum of 25 hours per week. Except as otherwise provided in this chapter, the use of a hack plate for less than the minimum number of hours provided herein shall constitute an abandonment.
2. A hack plate holder shall be the person responsible for the operation of a taxicab bearing such hack plate and shall be a person engaged in the taxicab business as a taxicab owner, driver or dispatcher, livery owner or operator. A hack plate shall be deemed abandoned whenever it is not used for the minimum number of hours per week prescribed by this section, whenever the holder of the hack plate no longer owns a taxicab or no longer possesses a New York State taxicab registration plate, whenever the hack plate expires without being renewed within the prescribed period or whenever a taxicab has not passed the City of Rochester vehicle inspection within the prescribed time period. The Chief of Police shall notify the holder, in writing, of the abandonment of a hack plate. A holder so notified shall be given 10 days to request a hearing to show why the hack plate should not be deemed abandoned. Upon a showing of serious illness or personal emergency or other good cause, the Chief of Police may waive the abandonment. [Amended 11-29-1984, Ord. 84-462; 12-17-1991, Ord. 91-513; 2-15-1994, Ord. 94-40]

3. In the event that the holder of a hack plate is incapacitated or is otherwise unable to utilize such hack plate for the required number of hours per week, the holder may present a written petition to the Chief of Police requesting the voluntary suspension of the hack plate for a definite term. The Chief of Police shall determine each such petition based upon the nature of the illness or other circumstances preventing the holder from complying with the minimum use provision.
4. Notwithstanding any other provision of this section to the contrary, the holder of a hack plate may remove such hack plate from service for a total period of time of not more than 30 days during each calendar year for any reason whatsoever, upon five days' written notice to the Chief of Police.

§ 108-6. Replacements. [Amended 5-12-1992, Ord. 92-175; 6-14-1994, Ord. 94-171; 5-14-1996, Ord. 96-155]

§ 108-7. Renewals. [Amended 2-15-1994, Ord. 94-40; 5-14-1996, Ord. 96-155]

§ 108-8. Hack plate fees; administration.

1. The fee for a hack plate shall be $75 annually except that the fee for a temporary hack plate shall be $30 annually, and said fee shall be paid at the time the plate is issued. [Amended 2-15-1994, Ord. 94-40; 6-14-1994, Ord. 94-171]
2. Upon issuance of a hack plate, the City Clerk shall also issue a taxicab license certificate in a form prescribed by the Chief of Police. [Amended 5-14-1996, Ord. 96-155]
3. The City Clerk shall keep a record of each hack plate issued, of the holder, of the location of the office or place of business of the holder and of the hack plate number assigned to the holder. [Amended 5-14-1996, Ord. 96-155]
4. An applicant and the holder of a hack plate shall provide the Chief of Police with the name and address of all drivers who will be driving their taxicab, the city taxicab driver's license number of each driver and the New York State driver's license number of each driver, together with the dates of expiration of said licenses. Such information shall be provided before the driver first begins driving said taxicab. Deletions from the list of drivers of a taxicab or any changes in information concerning the driver shall be provided to the Chief of Police by the hack plate holder within five business days after the dropping of a driver or within five business days after a change has occurred in information previously provided. The holder of a hack plate shall also notify the Chief of Police of any change in business address within five business days of such change. [Amended 11-29-1984, Ord. 84-462]

§ 108-9. Transfer, lease or assignment of hack plates prohibited. [Amended 11-29-1984, Ord. 84-462]

1. No person shall assign, lease or transfer or otherwise dispose of any rights in a hack plate.
2. Upon the disability, death or retirement of a hack plate holder, the Chief of Police may reissue said hack plate to a family member engaged in the use of said hack plate with the hack plate holder. Application for the issuance of the hack plate under such circumstances shall be made by the family member within 30 days after the disability, death or retirement of the hack plate holder. The family member seeking the issuance of a hack plate must meet all requirements of a hack plate holder.
3. A hack plate holder other than a natural person shall notify the Chief of Police within five business days of any changes in officers, principal stockholders or partners, or any other changes in the form of a business. The Chief of Police shall review all changes to ensure that all persons and entities involved meet the requirements of a hack plate holder. No consideration shall be given, nor shall any hack plate holder receive any consideration, for any hack plate rights.

§ 108-10. Taximeters.

1. No person shall operate a taxicab within the city unless such taxicab is equipped with a taximeter which is in good operating condition.
2. Taximeters shall be connected with and operated from the transmission of the taxicab to which they are attached. Taximeters shall be of a type which has been approved and certified by the New York State Bureau of Weights and Measures. When the taxicab is transporting passengers for hire, the taximeter shall be engaged at all times, unless otherwise provided by this chapter. Taximeters shall have a digital screen or a dial or dials which clearly register the tariff in accordance with the established rates of fare. The taximeter shall be placed so that the digital screen or dial is in plain view of all passengers while riding in the taxicab and upon alighting. Between sunset and sunrise, the face of every taximeter shall be suitably illuminated to render the figures of such taximeter readily discernible by all passengers. No person shall use or permit to be used a taximeter on which the seal placed by the County Director of Weights and Measures has been broken. If, for any reason, a seal is broken or removed from a taximeter, the taximeter shall be retested and resealed by the County Director of Weights and Measures before the meter is again used. It shall be unlawful to change a taximeter from one vehicle to another or to adjust the operation of the taximeter or to adjust the gears operating the taximeter without a reinspection and approval by the County Director of Weights and Measures. [Amended 11-29-1984, Ord. 84-462]
3. No person shall operate a taxicab within the city unless the taximeter shall have affixed a seal issued by the County Director of Weights and Measures within the previous six months, or as otherwise required herein, certifying that said meter is accurate. The taxicab operator shall submit his vehicle to the County Director of Weights and Measures for inspection and testing of the taximeter prior to its initial use, its use following the breaking of the taximeter seal and/or repair of the taximeter, upon adjusting the taximeter or moving the taximeter to a new vehicle, upon adjusting the gears operating the taximeter and at least once every six months thereafter. If a meter is found to be accurate, the County Director of Weights and Measures shall affix a dated seal certifying to such accuracy. [Amended 11-29-1984, Ord. 84-462]
4. If there is reasonable cause to believe that a taximeter is not correctly calculating fares, a member of the Rochester Police Department or an official of the County Department of Weights and Measures may order an immediate inspection of such taximeter. Until said inspection is completed, the taxicab containing such taximeter shall not be available for hire. [Amended 12-17-1991, Ord. 91-513]
5. If the County Director of Weights and Measures finds that the taximeter is inaccurate or damaged, he shall notify the holder of the hack plate and the Chief of Police in writing of such fact. Upon receipt of notice from the County Director of Weights and Measures of an inaccurate or damaged taximeter, no person shall operate such taxicab for hire until the taximeter is repaired and sealed or a new taximeter is installed and sealed.

§ 108-11. Inspections. [Amended 12-17-1991, Ord. 91-513]

1. No person shall operate a taxicab within the city unless said vehicle has passed a standard New York State motor vehicle inspection during the preceding six months and has a properly affixed and current inspection sticker.
2. No person shall operate a taxicab within the city unless said vehicle has passed a City of Rochester vehicle inspection during the preceding six months and has a properly affixed and current city inspection sticker indicating compliance with the provisions of § 108-16A.
3. The Chief of Police or his or her designee is authorized to establish the schedule(s) for the inspections specified in §§ 108-10C and 108-11A and B of this Code.
4. Upon failure by a taxicab of the City of Rochester vehicle inspection, any prior city inspection sticker shall be removed from the vehicle immediately. The owner of the hack plate on the vehicle shall be notified of such failure and the removal of the inspection sticker. Unless such time period is extended by the Chief of Police or his designee for reason of serious illness or personal injury or other good cause, the taxicab operator shall have 30 days in which to make any necessary changes or repairs to the vehicle and pass a reinspection. Failure to make the changes and repairs required for passage of such reinspection within the prescribed time period shall constitute abandonment of the applicable hack plate.
5. The Chief of Police or his or her designee may make or cause to be made at any time a further inspection of any vehicle used as a taxicab in the city, and if said vehicle is found to be unsafe, unclean, unhealthful or unsuited for public patronage, the Chief may order the discontinuance of the use of said vehicle as a taxicab.

§ 108-12. Rates of fare.

1. [Amended 2-12-1980, Ord. 80-73] Except as otherwise provided in this section, no person shall operate a taxicab for hire in the city for a fee or charge unless such fee or charge is computed upon the distance traveled and the time waiting, and which fee or charge shall not exceed the rates determined by a taximeter as follows:

(1) As an initial charge: $1.85 for the first passenger. [Amended 3-20-1990, Ord. 90-67; 2-15-1994, Ord. 94-39]

(2) For each one-sixth (1/6) mile or fraction thereof thereafter: $0.25. [Amended 3-20-1990, Ord. 90-67; 2-15-1994, Ord. 94-39]

(3) For each additional passenger: $1.25 per passenger. [Amended 3-20-1990, Ord. 90-67]

(4) For each time call: a minimum fare of $4.50. [Amended 3-20-1990, Ord. 90-67; 2-15-1994, Ord. 94-39]

(5) No charge shall be made for children under six years of age when accompanied by a person paying an adult fare.

(6) The driver of a taxicab shall take the most direct possible route in proceeding to the passenger's desired destination, except that a taxicab driver proceeding between the airport and a downtown location may take the most direct expressway route. [Amended 11-29-1984, Ord. 84-462]

2. Minimum zone rates. [Amended 2-12-1980, Ord. 80-73]

(1) On all trips originating or terminating north of Riverside Cemetery, the following minimum zone rates may be charged for distances north of said cemetery, which portion of the city is hereby divided into three zones as follows:

(a) Zone A, from Riverside Cemetery to and including Boxart Street: $2.50, plus $1 for each additional passenger.

(b) Zone B, from Boxart Street to and including Denise Road: $3.50, plus $1 for each additional passenger.

(c) Zone C, from Denise Road to and including Beach Avenue: $4, plus $1 for each additional passenger.

(2) Each zone shall include all areas lying between the lines of its boundary streets extended to the easterly and westerly limits of the city. The minimum rates provided for the prescribed zones shall not be added together in traveling from one zone to or through another zone, nor shall such minimum rates be added to any metered rate on any trip within the city. If a trip originates in one zone and terminates in another, the higher or highest of such zone rates may be charged. Taxicabs traveling from points originating south of Riverside Cemetery to points north of Riverside Cemetery within the zone areas shall continue to be meter-operated, and the fare charged may be either the metered fare or the minimum rate prescribed for the zone where the trip terminates, whichever fare is greater. Wherever taxicabs travel from points north of Riverside Cemetery to points of destination south of Riverside Cemetery, the metered fare or the minimum rate for the zoned area where such trip originated may be charged, whichever fare is greater. The area and rate for each zone shall be posted on the license/rate card in such taxicab. [Amended 12-17-1991, Ord. 91-513]

3. Airport rates. Except as provided herein, all trips to or from the Rochester-Monroe County Airport and any point within the city shall be metered, except that if the fare at the point of destination is less than $7.75, a minimum fare of $7.75 may be charged. For each additional passenger, an additional $2.50 may be charged. [Amended 2-12-1980, Ord. 80-73; 3-20-1990, Ord. 90-67; 2-15-1994, Ord. 94-39]
4. Waiting time. Waiting time shall include the time during which a taxicab is not in action beginning with its arrival at the place of its call, or the time consumed while standing at the direction of the passenger, but no charge shall be made for the first five minutes after arrival or for the time lost by inefficiency of the taxicab driver or time consumed by the premature arrival in response to a call. A fare shall not be considered to be terminated until a taxicab is available for service to another customer. The meter charge for waiting time shall not exceed a rate of $18 per hour. [Amended 2-12-1980, Ord. 80-73; 3-20-1990, Ord. 90-67; 2-15-1994, Ord. 94-39; 2-15-1994, Ord. 94-40]
5. [Amended 12-12-1980, Ord. 80-73; 11-29-1984, Ord. 84-462] Luggage rates. Charges may be made for luggage, footlockers, trunks and other baggage handling as follows:

(1) For each piece of luggage or baggage, including grocery bags, exceeding two per passenger, provided that the driver assists with such items: $0.25.

(2) For footlockers and trunks or their equivalent, bicycles or animals (except Seeing Eye dogs): $3 each. [Amended 3-20-1990, Ord. 90-67]

(3) For skis and golf bags: $2 each. [Added 3-20-1990, Ord. 90-67]

(4) A wheelchair shall not be considered baggage for which an extra charge may be made. [Added 2-15-1994, Ord. 94-40]

6. Flat and minimum rates. Except as specifically provided in this section, no minimum or flat rate shall be charged, or attempted to be charged, for any trip between two points within the city. These rules shall apply even though a portion of such trip may be outside the city.
7. Party fares.

(1) No driver of a taxicab shall carry any person other than the passenger first employing the taxicab without the consent of such passenger. In no event shall a driver pick up or carry any other person after such driver has begun to transport the passenger first employing the taxicab unless such passenger directs the driver to pick up the other person or persons.

(2) Where a party of passengers for hire engages a taxicab, the members of such party shall all be entitled to be carried to the same or to different destinations for the taximeter rate, including additional passenger fare where applicable, and the taximeter shall not be reset nor a fare charged after the trip starts until the last member of such party has been delivered to his destination, and such passenger shall be responsible for the total fare then shown on the taximeter plus any additional passenger fare.

(3) Where two or more passengers are permitted to be carried who are not members of a party, but who agree to be carried together, the taximeter shall be inactivated and placed on a "hold" position when the passenger first dropped reaches his destination and while he is being unloaded, The fare for such passenger shall be the amount then showing on the meter; the meter shall again be activated for the second passenger and the fare will be the amount then showing on the meter when his destination is reached; for a third or fourth passenger, the meter shall be inactivated or placed in a "hold" position and then reactivated as provided for the first and second passenger. In no event, however, shall a party traveling with others pursuant to this subsection be required to pay a fare greater than the amount he would have been charged if he were the sole passenger.

8. Charter and personal use. Notwithstanding any other provisions of this section, the taximeter need not be in operation and shall be covered whenever a taxicab is being driven for the personal use of the taxicab operator or for the transportation of passengers for hire under the terms of a written charter agreement fixing a fee for a period of at least 20 days of service. Signs indicating use of the taxicab for such purpose shall be affixed to the front window of the right side of the taxicab. Each sign shall be at least three inches in height and 12 inches in length, with the same words and lettering at least two inches high on each side of said signs. Signs used to indicate personal use of a taxicab by the taxicab operator shall contain the words "not in service"; signs indicating transportation of passengers for hire pursuant to a contractual agreement shall contain the word "charter."
9. Discounts and reduced fares; senior citizen fares. The minimum rates of fare established herein shall not prevent the charging of any lesser rate of fare, nor shall the foregoing provisions prevent the granting of discounts and reduced rates of fare to senior citizens and others. [Added 2-12-1980, Ord. 80-73]

§ 108-13. Receipts.

1. [Amended 11-29-1984, Ord. 84-462] A driver of a taxicab shall, upon request of a passenger paying for hire of such taxicab, deliver a receipt, upon a preprinted form containing a space for all information required under this section, to such passenger at the time of payment. Such receipts shall contain at least the following information:

(1) The name and city taxicab driver's license number of the driver of such taxicab.

(2) The hack plate number.

(3) The date, time and place where such trip originated.

(4) The date, time and place where such trip terminated.

(5) The number of passengers for which the paying party paid a fare.

(6) The total fare charged.

(7) The telephone number of the office where complaints may be directed.

2. The Chief of Police may establish additional requirements for such receipts and may prescribe the form upon which a receipt shall be written.

§ 108-14. Manifests.

1. The driver of a taxicab shall keep a daily manifest. The manifest shall contain the following information, which shall be recorded at the time specified:

(1) The hour and date at which the vehicle becomes available for use as a taxicab, the name of the driver and the make, hack plate number and registration number of such vehicle shall be recorded before the driver proceeds to pick up his first passenger or package delivery.

(2) The time and place of commencement and the number of passengers or packages shall be recorded when such passengers or packages are picked up.

(3) The name and place of delivery of the passengers or packages and the amount of the fare charged shall be recorded immediately after each trip is terminated.

(4) The time and place shall be recorded immediately after the driver ceases to operate the taxicab for hire for the day.

(5) When a driver makes a package delivery, he shall also list the name of the sender and the name of the recipient of such package.

2. The driver and the holder of a hack plate shall keep the manifest for each taxicab for a sixty-day period, and such manifest shall be produced on demand by the Chief of Police.

§ 108-15. Taxicab stands and parking provisions.

§ 108-16. Taxicab regulations.

1. No person shall operate a taxicab for hire in the city unless such taxicab meets all of the following requirements:

(1) All taxicabs shall have windows in the rear and side of the taxicab sufficient in number and of such size, dimensions and clarity that passengers may be readily seen and identified through the windows.

(2) All taxicabs shall be equipped with hubcaps, spoked covers or other equivalent covering on all wheels. All taxicabs shall be furnished with snow tires or radial tires on both drive wheels from November 1 through April 15. [Amended 12-17-1991, Ord. 91-513]

(3) All taxicabs shall be free from disfiguring damage to the interior and exterior of the vehicle, including significant rust. All taxicab doors, lights, seat belts and safety equipment shall be maintained in good operating condition. All seat belts shall be visible and available for use by passengers in both the front and rear seats for each and every fare. [Amended 3-20-1990, Ord. 90-67; 12-17-1991, Ord. 91-513]

(4) All taxicabs shall have affixed to the outside rear, by means of nuts and bolts, screws or bumper brackets, a hack plate which is unobstructed and clearly visible to vehicular traffic. [Amended 11-29-1984, Ord. 84-462]

(5) All taxicabs shall be equipped with doors which fasten in a manner so that they may be readily opened from the inside by a passenger.

(6) All taxicabs shall have printed lettering on both the left and right front doors at least three inches high in a color contrasting to that of the cab, setting forth the name of the person owning or dispatching said taxicab. The number of the hack plate which is affixed to the vehicle shall be printed upon the left and right front doors in lettering at least five inches high in a color contrasting to that of the cab. The top of such lettering and numbering shall be no less than four inches nor more than 10 inches from the bottom of the window area so as to be conspicuous, legible and free from obstruction. In addition, the number of the hack plate shall be printed in lettering at least five inches high on the rear of the cab. Such number shall be in a color contrasting to that of the vehicle and shall be clearly visible to vehicular traffic. Upon a showing of good cause, the Chief of Police may allow a vehicle to be temporarily used as a taxicab without identification printed on the exterior of such vehicle. No numbers other than the number of the hack plate shall appear on the side or rear of a taxicab, except the telephone number of the livery or operator of the taxicab. [Amended 11-29-1984, Ord. 84-462]

(7) All taxicabs shall be equipped with a roof light of a minimum size of 12 inches in length and three inches in height which shall contain the word "taxi" and/or the name of the applicable livery company. The light shall be illuminated when the taxicab is vacant or is for hire and shall be kept unlighted when the taxicab is occupied by a paying passenger. [Amended 11-29-1984, Ord. 84-462; 12-17-1991, Ord. 91-513]

(8) All taxicabs shall have the license/rate card issued by the City Clerk posted on the back of the front seat of said taxicab. The license/rate card shall not be defaced, torn or mutilated and shall be visible to all passengers at all times. [Amended 2-12-1980, Ord. 80-73; 11-29-1984, Ord. 84-462; 12-17-1991, Ord. 91-513; 5-14-1996, Ord. 96-155]

(9) All taxicabs shall be painted in a color pattern so as not to be confused with any federal, state or local law enforcement vehicle which normally operates or may be found within Monroe County. Beginning on January 1, 1993, and thereafter, all taxicabs shall be a uniform color prescribed by the Chief of Police. [Amended 3-20-1990, Ord. 90-67; 12-17-1991, Ord. 91-513]

(10) All taxicabs shall be designed and constructed so as to seat five persons or fewer, not including the driver, and shall have no more than five nor less than four doors.

(11) All taxicabs shall have attached a New York State taxicab registration plate.

(12) A taxicab license certificate issued by the city shall be carried in the taxicab at all times.

(13) A trailer shall not be attached to a taxicab carrying passengers.

(14) (Reserved)

(15) All taxicabs shall have exterior body parts of uniform color. This requirement shall not apply to original two-tone, vinyl or wood-grain paneling options provided by the vehicle manufacturer. [Added 12-17-1991, Ord. 91-513]

2. A driver shall not permit any nonpaying passenger to enter or to remain in a taxicab during the time such taxicab is available for hire, except a new driver who is being trained.
3. No person shall smoke or carry a lighted cigar, cigarette or pipe or any other form of smoking object or device in a taxicab while such taxicab is in service. [Added 3-20-1990, Ord. 90-67]

§ 108-16.1. Taxicab partitions. [Added 8-19-1997, Ord. 97-329]

§ 108-17. License required. [Amended 11-29-1984, Ord. 84-462; 5-12-1992, Ord. 92-175; 6-14-1994, Ord. 94-171; 5-14-1996, Ord. 96-155]

1. No person shall drive a taxicab within the city without having a current taxicab driver's license issued by the City Clerk.
2. A taxicab driver's license shall be issued by the City Clerk for a period ending June 30 following the date of issuance upon compliance with the provisions of this chapter, upon approval by the Chief of Police and upon payment of the required license fee.
3. In the event that a taxicab driver's license is lost or stolen prior to the expiration thereof, the City Clerk may issue a duplicate upon payment of a fee of $10 and upon receipt of a duly sworn affidavit of loss from the holder.

§ 108-18. Application.

1. The application shall be made to the City Clerk and shall contain the applicant's name and address, home telephone number, age, New York State chauffeur's license number, employer's name and address (if not self-employed) and such other information as may be required by the Chief of Police. [Amended 5-14-1996, Ord. 96-155]
2. Each applicant shall pay an application fee of $5, which shall not be refunded if the application is rejected. If a license is issued, the application fee shall apply as a partial credit to the annual license fee. The annual license fee shall be $20. [Amended 6-14-1994, Ord. 94-171]
3. The applicant must certify that he is 18 years of age or over, that he holds a valid New York State chauffeur's license and that he is familiar with the Traffic Ordinance of the city and with this chapter.
4. Each applicant for a taxicab driver's license must furnish not fewer than four unmounted, unretouched photographs of himself taken within 30 days preceding the filing of his application. Each photograph shall be two by three (2 x 3) inches in size.
5. The Police Department shall conduct an investigation of each applicant for a taxicab driver's license, and the report of this investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for consideration by the Chief of Police.

§ 108-19. Temporary permits. [Amended 5-14-1996, Ord. 96-155]

§ 108-20. Renewal of license. [Amended 5-14-1996, Ord. 96-155]

§ 108-21. Taxicab driver regulations.

1. No taxicab driver shall induce any person to be carried by any taxicab by willful misrepresentation.
2. Each taxicab driver shall keep the interior and exterior of his taxicab in a clean and sanitary condition at all times. Each taxicab shall at all times be neat and clean in appearance. Taxicab windows shall be kept clean at all times. Taxicab drivers shall remove all debris from the interior and sweep out the interior after each trip. Taxicab drivers shall assure that all vehicle systems are in safe working order prior to the commencement of work each day. [Amended 3-20-1990, Ord. 90-67]
3. No taxicab driver shall wait for employment in any stand or place of public resort except at established taxicab stands.
4. No taxicab driver shall seek employment by persistently driving a taxicab past any theater, hall, hotel, public resort, railroad station or terminal or other place of public gathering, nor shall any taxicab driver solicit employment by driving at such slow speed as to interfere with or impede traffic. Taxicab drivers shall obey police officers who may from time to time give instructions in order to relieve traffic congestion and to preserve the safety and convenience of the public.
5. No person shall solicit passengers for a taxicab except the driver of the taxicab for which passengers are solicited.
6. No person shall drive a taxicab while intoxicated, nor shall any taxicab driver drink an alcoholic beverage while on duty, nor drive while his ability is impaired by use of a controlled substance as defined in § 3306 of the Public Health Law.
7. No taxicab driver shall fasten or lock the doors on a cab so that it is impossible for a passenger to open them from the inside.
8. No taxicab driver shall refuse or neglect to convey any orderly person upon request, unless such driver has been previously engaged or is off-duty or is otherwise forbidden to do so by the provisions of this chapter. However, no taxicab driver shall be required to accept a fare that will terminate outside the boundaries of the County of Monroe.
9. Each taxicab driver shall search the interior of the taxicab at least once each day for articles left in the cab. The driver shall immediately take such property to the Police Department's Property Custody Office for safekeeping and proper disposition.
10. No taxicab driver shall permit any other person to use his taxicab driver's license.
11. No taxicab driver shall drive any taxicab for more than 12 continuous hours in any twenty-four-hour period.
12. No taxicab driver shall solicit for any hotel or motel or attempt to divert patronage from one hotel or motel to another; neither shall any driver engage in selling alcoholic beverages or solicit business for any house of ill repute or any prostitute, or use a taxicab for any purpose other than the purposes allowed in this chapter.
13. Each taxicab driver shall display his or her own taxicab driver's license on the license/rate card. [Amended 12-17-1991, Ord. 91-513]
14. Each taxicab driver waiting for public employment in any established working taxi zone shall remain within sight of his taxicab and shall at all times be prepared to move the taxicab.
15. No taxicab driver waiting for employment in any place or zone shall engage in any disorderly conduct or obstruct any sidewalk.
16. Each taxicab driver shall approach the working taxicab stand from the rear of the last vehicle and shall move forward, keeping his proper relative place in the line when any other taxicab shall move on or away.
17. A taxicab driver or operator shall immediately report a refusal to pay a fare to the Police Department either in person or by telephone.
18. No taxicab driver shall eat or drink while transporting a passenger, nor shall a taxicab driver have any alcoholic beverage, whether open or unopened, in the front or rear seating areas of a taxicab while on duty. [Added 11-29-1984, Ord. 84-462]
19. No taxicab driver shall smoke or carry a lighted cigar, cigarette or pipe or any other form of smoking object or device in a taxicab while such taxicab is in service with or without a passenger or fare. [Added 11-29-1984, Ord. 84-462; amended 3-20-1990, Ord. 90-67]
20. All taxicab drivers shall be neatly dressed and clean while on duty. No sleeveless shirts or blouses, such as tank tops, tube tops, halters or tee shirts, or sweat shirts or sweat pants shall be worn. No shorts shall be worn and no footwear such as sandals or thongs, that expose a driver's toes shall be worn. All articles of clothing or footwear worn by drivers while on duty shall be clean and untorn. [Added 11-29-1984, Ord. 84-462; amended 12-17-1991, Ord. 91-513]

ARTICLE IV
Liveries

§ 108-22. License required. [Amended 10-26-1982, Ord. 82-482]

§ 108-23. License application.

1. No person shall be granted nor shall retain a livery license unless a minimum of 10 taxicabs are to be dispatched from the livery. [Amended 10-26-1982, Ord. 82-482]
2. An application for a livery license shall contain the name and address of the owner of the proposed livery and, if the owner is a firm, partnership or corporation, the name and address of the officers or partners thereof, the address at which the business will be conducted, a list of the cars to be dispatched from the livery with the name of the owners of such cars, the name and address of the holders of each hack plate to be operated out of such livery and such other information as the Chief of Police may require.
3. Nothing contained in this Article shall be construed to prohibit a person from obtaining a livery license for the purpose of operating a livery out of which several holders of hack plates may operate.

§ 108-24. Taxicab livery regulations. [Amended 10-26-1982, Ord. 82-482]

1. The holder of a livery license shall maintain in the livery office a current certificate of insurance for each taxicab operating out of said livery, indicating that said taxicab is insured in accordance with the laws of New York State. The holder of a livery license shall further maintain in the livery office a record containing the names and addresses of all taxicab drivers operating out of the livery, together with their City of Rochester taxicab driver's license number and New York State driver's license number and dates of expiration, as well as the names and addresses of the taxicab owners and the hack plate number, make, model, year and registration number of all taxicabs operating from such livery. Said insurance certificates and records shall be available for inspection at the livery office by members of the Rochester Police Department during normal business hours. On the 15th day of each month, each holder of a livery license shall file with the Chief of Police an updated list of driver's names and addresses, along with the owner's names and addresses and hack plate numbers, together with the make, model, year and registration number of all taxicabs operating from such livery.
2. Each holder of a livery license shall keep a record of all dispatched calls for service for a period of 60 days.
3. No holder of a livery license shall dispatch a taxicab or allow a taxicab to be dispatched unless said taxicab shall have printed lettering on both the left and right front doors at least three inches high setting forth the name of the livery.
4. The holder of a livery license shall require that all taxicabs operating out of said livery are equipped with a taximeter which is properly sealed and is in proper operating condition.
5. No holder of a livery license shall dispatch a taxicab or allow a taxicab to be dispatched if the holder has been notified by the Rochester Police Department that the use of said vehicle as a taxicab has been ordered to be discontinued in accordance with § 108-11.
6. The holder of a livery license shall be responsible for dispatching a taxicab to pick up a customer within a reasonable time after a request is received, or if a taxicab cannot be dispatched to pick up the customer within a reasonable time, for so informing the customer requesting the service. No livery shall refuse or neglect to dispatch a taxicab to pick up a customer upon request, unless all of the livery's on-duty taxicabs are otherwise engaged and cannot be dispatched within a reasonable time after a request is received. However, no livery shall be required to dispatch a taxicab to accept a fare that will terminate outside the boundaries of the County of Monroe. [Amended 11-29-1984, Ord. 84-462]
7. A holder of a livery license shall make every effort to have at least 70% of the total number of taxicabs dispatched from a livery operating during a snow emergency, bus strike, or other declared emergency situation.

§ 108-25. License renewal. [Amended 5-14-1996, Ord. 96-155]

§ 108-26. License plates required.

§ 108-27. License application. [Amended 5-14-1996, Ord. 96-155]

§ 108-28. License plate restrictions.

1. A limousine license plate shall be issued by the City Clerk only after the applicant has complied with the provisions of this chapter, after approval of the application by the Chief of Police and payment by the applicant of the required license fee. [Amended 5-14-1996, Ord. 96-155]
2. A limousine license plate shall expire on the 30th day of June after issuance, unless revoked, surrendered or abandoned at an earlier time.
3. The total number of annual limousine license plates issued by the city shall not exceed 40.

§ 108-29. Plate renewal. [Amended 5-14-1996, Ord. 96-155]

§ 108-30. Replacement of plates. [Amended 5-14-1996, Ord. 96-155]

§ 108-31. Transfer of plates.

§ 108-32. Fees. [Amended 5-12-1992, Ord. 92-175; 6-14-1994, Ord. 94-171]

§ 108-33. Limousine restrictions.

1. A limousine shall only transport passengers between a hotel or motel and an airport, bus terminal, railroad station or other common-carrier station and shall not make intermittent stops to discharge or take on passengers at places other than those designated in this section.
2. No limousine driver shall charge a passenger a fare for any limousine service.

§ 108-34. Taxicab driver's license required.

§ 108-35. Term defined.

§ 108-36. Denial of license application.

1. The Chief of Police may deny a license to any person who, in his judgment, is undesirable, unfit or incapable of performing as a holder of a license, who does not comply with the provisions of this chapter or any rule or regulation promulgated by the Chief of Police pursuant to this chapter or who makes a material misrepresentation on an application. The Chief of Police may also deny a license to any applicant for a violation by the applicant, or by any partner, agent, officer or employee of the applicant, of any federal, state or local law or ordinance.
2. The Chief of Police shall notify an applicant in writing of the reasons for the denial of a license and shall give the applicant 10 days in which to request a hearing on the denial.

§ 108-37. Suspension or revocation of licenses.

1. The Chief of Police or any person may bring charges against the holder of a license granted under this chapter alleging a violation by the holder, or any partner, agent, officer or employee of the holder, of any federal, state or local law or ordinance or any rules or regulations promulgated by the Chief of Police pursuant to this chapter. The Chief of Police shall investigate such charges, and, if he believes the charges are warranted, he shall notify the holder of the charges and of the possible penalties if the holder is found guilty of such charges. The holder shall be given 10 days to request a hearing on such charges. A holder's failure to request a hearing shall be deemed an admission of the charges.
2. No charges shall be brought more than two years after the occurrence of the act forming the basis for the charges; provided, however, that this limitation shall not apply to an act which would, if proved in a court of competent jurisdiction, constitute a felony.
3. The Chief of Police may temporarily suspend the license of a holder against whom charges are pending for a period not to exceed 30 days or, if a hearing is delayed or adjourned by the holder, until a determination is made after such hearing.
4. If a holder is found guilty of the charges after a hearing or if the holder fails to request a hearing or to appear at a scheduled hearing, the Chief of Police may suspend the holder's license for a period not to exceed 90 days, may revoke the holder's license or may fine the holder a sum not to exceed $250.

§ 108-38. Hearing.

§ 108-39. Factors to consider concerning violations.

1. The nature of the violation.
2. The specific duties and responsibilities of a holder of a license and the relationship between the violation and a holder's fitness or ability to perform such duties or responsibilities.
3. The time which has elapsed since the violation and the age of the person at the time of the violation.
4. The public safety interest in protecting property and the health, safety and welfare of specific individuals or the general public.
5. Any mitigating circumstances or information concerning the rehabilitation or good conduct of a person.
6. Such other factors as the Chief of Police may deem relevant or as may be mandated in the Correction Law or other law.

§ 108-40. Powers of Chief of Police.

§ 108-41. Severability.

§ 108-42. Penalties for offenses. [Amended 8-9-1983, Ord. 83-345]

§ 108-43. Taxicab Advisory Committee.