Model Ordinance (Based on Schenectady Ordinance)

Chapter
Article I General Provisions
1-1
Definitions.
Unless otherwise expressly stated, whenever used in this chapter, the
following words shall have the meanings given to them by this section:
APPLICATION SOFTWARE
A computerized program designed to perform a specific function or
group of functions for a specified user.
CERTIFICATE
A certificate issued by the Police Department for the municipality,
licensing the operation of taxicabs.
CREDIT AND DEBIT CARD READER
A mechanical instrument or device by which the charge for hire of a
taxicab may be paid through use of a credit or debit card.
DRIVER
Any person properly licensed to drive a taxicab, whether such person is
the owner of such vehicle or employed by such owner or operator.
OPERATOR
Any person owning or having control of the use of one or more taxicabs
used for hire upon the streets of the municipality.
PERSON
Includes an individual, a partnership, any unincorporated association, a
corporation and any other legal entity.
RATE CARD
A card on which is printed the tariff rates in the municpality as
provided by this chapter.
STREET
Any street, alley, avenue, court, bridge, lane or public place in the
municipality.
SUPPLEMENTAL TAXICAB DRIVER'S LICENSE

An identification card issued to the holder of a taxicab driver's license

by the Police Department to be displayed in full view of any passengers
in the taxicab operated by the license holder.
TAXICAB
A motor vehicle other than a bus, used to carry passengers for hire and
operated in such business under a license or permit issued by a local
authority and registered for such use pursuant to the Vehicle and
Traffic Law of the State of New York. This definition specifically excludes
vehicles used for the delivery of parcels, mail or other goods, except
those goods which are traveling incidentally along with a passenger.
TAXICAB DRIVER'S LICENSE
Permission granted by the municipality to any person to drive a duly
licensed taxicab upon the streets of the municipality.
TAXICAB STAND
Any place designated by the Police Commissioner of Public Safety or
Police Chief and the Department of Engineering along the curb of a
street or elsewhere which is exclusively reserved for the use of
taxicabs.
TAXIMETER
A mechanical instrument or device by which the charge for hire of a
taxicab is mechanically calculated on the basis of the mileage traveled,
plus waiting time, and upon which the exact amount to be paid by the
passenger or passengers is plainly indicated by means of figures.
Article II Taxicab Service Requirements
2-1 General Service Requirements
A. All persons engaged in the taxicab business in the municipality,
operating under the provisions of this chapter, shall render an overall
service to the public desiring to use taxicabs.
B. Certificate holders shall maintain a central place of business and
keep the same open 24 hours a day for the purpose of receiving calls
and dispatching cabs. They shall answer all calls received by them for
services inside the corporate limits of the municipality as soon as they
can do so, and if such services cannot be rendered within a reasonable
time, they shall then notify the prospective passengers how long it will
be before the call can be answered and give the reason therefor.
C. Any operator who shall refuse to accept a call anywhere in the
corporate limits of the municipality at any time when such operator

has available cabs or who shall fail or refuse to give overall service
shall be deemed a violator of this chapter and the violation shall be
punishable under 236-2, Penalties for offenses.
D. The driver of any taxicab shall, upon demand by the passenger,
render to such passenger a receipt for the amount charged, either by a
mechanically printed receipt or by a specially prepared receipt on
which shall be the name of the operator, license number or motor
number, amount of meter reading or charges and the date of the
transaction.
E. Any driver employed to carry any passenger to a definite point shall
take the most direct route which will carry the passenger safely and
expeditiously to the point of destination.
F. No driver shall permit more persons to be carried in a taxicab as
passengers than the rated seating capacity of his taxicab, as stated in
the permit for such vehicle. A child in arms shall not be counted as a
passenger.
H. No driver shall solicit business for any hotel/motel nor attempt to
divert patronage from one motel to another.
G. A prospective passenger shall have the right to choose whichever
taxicab he desires regardless of the position of the taxicab in the taxi
stand. As one cab leaves, another will advance in order.
2-2 Cleanliness Requirements
A. Every driver shall, at all times, keep the inside of the cab operated
by him in a clean and sanitary condition and must carefully search
such taxicab for any property lost or left therein after termination of a
fare. Any such property must be held, maintained and disposed of
according to law.
B. Every drive shall be clean in dress and person and not addicted to
the use of intoxicating liquors or drugs of any nature.
2-3 License required
No person shall operate a vehicle for hire upon the streets of the
municipality, and no person who owns or controls a vehicle for hire
shall permit it to be so driven, and no vehicle for hire licensed by the
municipality shall be driven at any time for hire unless the driver of
such vehicle shall have first obtained and shall have then in force a
taxicab driver's license issued under the provisions of this article.

 2-4 Additional Requirements of Holders of a Taxicab Drivers License

No person shall be issued a taxicab driver's license unless such person
meets the following qualifications:
A. Be 18 years of age or over.
B. Hold a duly valid chauffeur's license issued by the New York State
Department of Motor Vehicles.
C. Is able to read, write and converse in the English language.
D. Be of sound physical condition with good eyesight and not subject
to epilepsy, vertigo, heart trouble or any other infirmity of body or
mind which might render him/her unfit for the safe operation of a
public vehicle.
F. Has not been convicted within five years preceding the date of
application of a felony in any state of the United States or is not, at the
time of his/her application, under an indictment for a felony in any
state of the United States.
G. Has not been convicted of two misdemeanors within two years
preceding the date of application.
H. No driver's license shall be issued at any time to any applicant who
has been convicted of any of the following crimes: rape, sodomy,
carnal abuse of a child, or of the crime of assault with intent to commit
the crime of rape, sodomy or carnal abuse of a child. The Police
Department shall, nevertheless, apply the standards for licensure of
persons previously convicted of one or more criminal offenses
embodied in Article 23-A of the Correction Law of the State of New
York.
I. Each application shall be accompanied by a certificate by a qualified
physician actively practicing in the capital district, dated not more than
30 days preceding the date of the application, certifying that the
applicant is not afflicted with any disease or infirmity, such as but not
limited to epilepsy, vertigo, heart trouble, eye disease or any other
disability of body or mind which might make him/her an unsafe or
unsatisfactory driver.
2-5 Discrimination prohibited.

A. No driver or operator shall refuse, directly or indirectly, to transport

any orderly person, including any physically handicapped individual,
upon that person's request to any reasonable destination.
B. A driver or operator may refuse to convey a child under five years
of age who is not accompanied by an adult.
C. The fare charged for transporting a person to a destination outside
the City of Schenectady shall be agreed upon in advance by the driver
or operator and the passenger. The quoting of an excessive fare by the
driver or operator may be considered as evidence of a refusal to
convey prohibited by Subsection A above.
2-6 Equipment required.
Each taxicab licensed under this chapter shall have conspicuously and
permanently affixed on the exterior roof thereof a light which shall be
illuminated during transportation of passengers. Each taxicab shall be
properly equipped for winter travel from November 1 through April 15.
Article III Rates of Fare
3-1 Rate Schedule
The rates of fare to be charged for taxicab service shall be as follows,
and no other rates of fare may be charged by any owner or driver
other than the rate established by this section:
A. For the first 1/2 mile, or two minutes of waiting time, or combination
thereof: $3.50.
B. For each subsequent 1/8 mile, or 30 seconds of waiting time, or
combination thereof: $0.25.
C. For each additional passenger over two years of age: $0.50.
D. For each additional stop requested by the passenger: $0.50.
E. There shall be no charge for luggage.
F. For each call in which a driver must handle groceries: $1.
G. There shall be a surcharge of $1.50 between the hours of 6:00 p.m.
and 6:00 a.m., Monday through Thursday; 6:00 p.m. Friday through
6:00 a.m. Monday; and from 6:00 a.m. to 6:00 p.m. on legal holidays.

H. There shall be an energy allowance charged for trip rates ranging

between $3.50 and $5.05 in the sum of $1 and for trip rates ranging
from $5.05 and above in the sum of $1.50. If the average price of a
gallon of gasoline for the upstate New York area as reported by the
New York State Energy Research and Development Authority
(NYSERDA) should exceed $4.50 per gallon, the energy allowance
authorized by this section shall automatically increase to $1.25 for trip
rates ranging from $3.50 to $5.05 and $2 for trip rates of $5.05 and
above. No energy allowance shall be authorized or collected where the
average price of a gallon of gasoline in the upstate New York region as
reported by NYSERDA falls below $3.50.
3-2 Posting of Rates
A. Every taxicab for which a certificate shall be granted shall display a
rate card stating all the elements of the schedule of fares prescribed in
3-1. Such rate card shall, at all times, be displayed in the card frame
within the taxicab. All rate cards mounted on the inside of the cab are
to briefly identify the rights of the customer and shall display the
phone number of the Police Department.
B. Every taxicab shall have the rates, as enumerated in 3-1, painted
or posted on the side of the cab.
3-3 Doubling-up of passengers
The doubling-up of passengers shall only be allowed with the
permission of the first passenger to enter the cab, with the exception
of periods of inclement weather.
Article IV Taximeters
4-1 Taximeters required.
A. Every taxicab shall be equipped with a single-traffic taximeter of a
type approved by the Police Department and inspected by the County
Department of Weights and Measures for accuracy.
B. It shall be unlawful for any person to operate or keep for hire or pay
within the municpality any taxicab without first having each taxicab
equipped with a taximeter as herein provided.
4-2 Exemptions from taximeter requirements.

A. Taxicabs used exclusively on an hourly basis for funerals, weddings

and other special occasions are exempt from the provisions of this
chapter pertaining to taximeters.
B. Taxicabs operating in compliance with 6-1of this chapter are
exempt from the provisions of this chapter pertaining to taximeters.
4-3 Installation of taximeter.
Taximeters shall be connected to the transmission or main drive shaft
of the taxicab and shall be placed in the driver's compartment on the
right-hand side of the vehicle with the face of such taximeter, upon
which the fare is recorded, directed toward the passenger
compartment and so positioned as to be wholly visible to and clearly
discernible by a passenger sitting in any of the seats.
4-4 Sealing of taximeters.
No person shall operate or permit to be operated or drive, for hire, any
taxicab unless the taximeter shall have been sealed by the owner or
his representative or by the County Department of Weights and
Measures, with the wire and lead seals, as follows:
A. The meter mechanism shall be sealed within its case.
B. The meter shall be sealed to the meter bracket.
C. Driving equipment shall be sealed at the upper end to the meter
bracket.
4-5 Lighting of taximeters.
The face or dial of every taximeter shall be illuminated by a suitable
light, arranged so that the figures may be read by any passenger as
elsewhere prescribed in this chapter.
4-6 Flag or signal on taximeter.
Every taximeter shall be equipped with a flag or signal which shall be
used as an indication as to whether or not the taximeter is in
operation. No driver shall, while carrying any passenger or passengers,
display the flag of the taximeter in such a position as to denote that
the taxicab is not engaged, except when said taxicab is being operated
on an hourly basis for funerals, weddings and other special occasions.
4-7 Inspection and testing of taximeters.

No taxicab shall be operated until the taximeter thereon has been first
inspected, tested, approved and sealed by the County Department of
Weights and Measures.
ARTICLE V FORMS OF PAYMENT ACCEPTED
5-1 Cash as Payment.
The charge for hire of a taxicab may be paid through use of United
States legal tender (cash).
5-2 Credit or Debit Cards as Payment.
The charge for hire of a taxicab may be paid through use of a valid
credit or debit card.
5-3 Credit or Debit Cards Readers Required.
A. Every taxicab shall be equipped with a credit and debit card reader
of a type approved by the Police Department and inspected by the
County Department of Weights and Measures for accuracy.
B. It shall be unlawful for any person to operate or keep for hire or pay
within the municipality any taxicab without first having each taxicab
equipped with a credit and debit card reader as herein provided.
5-4 Exemptions from Credit or Debit Card Reader Requirement.
Taxicabs operating in compliance with 6-2 of this chapter are exempt
from the provisions of this chapter pertaining to credit and debit card
readers.
ARTICLE VI APPLICATION SOFTWARE PERMITTED
6-1 Use of Application Software for Metering
A. It shall be permissible for taxicab operators to conduct metering
through the use of application software so long as such software is in
compliance with all state and local law.
6-2 Use of Application Software to Enable Payment

A. It shall be permissible for taxicab operators to accept payment

through the use of application software so long as such software is in
compliance with all state and local law.