§ 52-2. Definitions.

For the purposes of this article, the following definitions shall apply, unless otherwise expressly provided:

ALTERNATIVE ENERGY VEHICLE

A commercially available mass production vehicle that uses alternative fuel other than diesel or gasoline to achieve emissions reductions.

[Added 10-18-2005 by L.L. No. 8-2005]

ALTERNATIVE FUEL

Natural gas, liquefied petroleum gas, hydrogen, electricity and any other fuel which is at least 85%, singly or in combination, methanol, ethanol, and any other alcohol, or ether.

[Added 10-18-2005 by L.L. No. 8-2005]

BASE

A legal place of business from which private livery cars are dispatched to operate.

BASE OWNER

Any person owning a base for the dispatch of private livery cars.

BUSINESS

One or more acts of transporting a passenger or passengers for hire.

CERTIFICATE OF AFFILIATION WITH A BASE OWNER

A sworn, notarized affidavit completed by both the applicant and the base owner on a form prepared by the Town Clerk, swearing that the private livery car owner is a franchisee of the base owner; setting forth the commencement date of the franchise agreement; and stating that the franchise agreement remains in full force and effect. There shall be annexed to the affidavit a copy of the cover sheet and signature page of the franchise agreement, with the applicant and base owner each swearing that the copies are true and accurate representations of the originals.

[Added 6-13-2006 by L.L. No. 8-2006]

CRUISING

The driving of a taxicab upon the streets, highways, avenues or public places located within the Town of North Hempstead for the purpose of soliciting or the plying of prospective passengers for hire.

DRIVER

Any person driving a taxicab, private livery car, private livery van or limousine for hire upon the streets, highways, avenues or public places located within the Town of North Hempstead.

HYBRID-ELECTRIC VEHICLE

A commercially available mass production vehicle originally equipped by the manufacturer with a combustion engine system together with an electric propulsion system that operate in an integrated manner.

[Added 10-18-2005 by L.L. No. 8-2005]

ISSUING JURISDICTION

Any licensing jurisdiction deemed compliant with the standards and regulations of subdivisions 3, 4 and 6 of § 498 of the Vehicle and Traffic Law of the State of New York.

[Added 11-18-2008 by L.L. No. 14-2008]

LICENSE MEDALLION

A sticker issued by the Town Clerk upon the granting of an owner’s license, to be affixed to the outside of such taxicab, limousine, private livery car or private livery van.

[Added 11-18-2008 by L.L. No. 14-2008]

LIMOUSINE

A chauffeured, oversized or full-sized luxury sedan seating not fewer than five nor more than 10 persons, including the driver, used solely for hire in connection with funerals, weddings, amusement, sports and similar functions on a prior agreement, fixed-rate basis and licensed by the New York State Department of Motor Vehicles with a livery plate or other special designated plate. Such vehicle shall not be used as a taxicab. Such vehicle shall not be permitted to stand at any taxi stand designated by the Town of North Hempstead.

MINIBUS

A private livery van, as defined in this article.

OPERATE

The picking up of a passenger for hire within the Town of North Hempstead, whether such passenger is discharged at a destination within the Town of North Hempstead or without the Town of North Hempstead. Nothing in this chapter shall apply to abridge, limit or regulate the right of any person not licensed hereunder to convey passengers by taxicab, limousine or private livery van from points of origin outside the Town of North Hempstead to points of destination within the Town of North Hempstead.

OWNER

Any person owning one or more taxicabs, limousines, private livery cars or private livery vans and driving or causing any such vehicle to be driven upon the streets, highways, avenues or public places located within the Town of North Hempstead for hire. "Owner" shall also include a purchaser under a reserve title contract, conditional sales agreement or vendor's lien agreement and the lessee of any such vehicle or vehicles.

PASSENGER

A person other than the driver who is an occupant of a taxicab, limousine, private livery car or private livery van, and, for the purpose of this chapter, such person or persons shall be presumed to be a passenger for hire.

PERSON

An individual, firm, partnership, unincorporated association, corporation or any other legal entity.

PREARRANGED FOR-HIRE VEHICLE

A motor vehicle, other than a bus, that is used in the business of transporting passengers for compensation, on a prearranged basis, and operated in such business under a license or permit issued by the Town of North Hempstead.

[Added 11-18-2008 by L.L. No. 14-2008]

PRIVATE LIVERY CAR

An intermediate or full-sized sedan seating no fewer than five nor more than six persons, including the driver, which is dispatched by two-way radio and used for the transportation of passengers for compensation. Such vehicle shall not be operated as a limousine or a taxicab and shall not be permitted to stand at any taxi stand designated by the Town of North Hempstead. A "private livery car" must be affiliated with a base which is licensed pursuant to this chapter.

PRIVATE LIVERY VAN

A motor vehicle which is manufactured and equipped in such a manner as to provide a seating capacity of not fewer than six and not more than 15 passengers, not including the driver, which is used for the transportation of persons for compensation. Such vehicle shall not be used as a taxicab. Such vehicle shall not be permitted to stand at any taxi stand designated by the Town of North Hempstead.

SHAREHOLDER

The owner of 25% or more of a corporation's outstanding and issued shares, whether or not publicly traded.

TAXICAB

A motor vehicle other than a limousine or private livery car used in the business of carrying passengers for hire; having a seating capacity of not more than eight persons, including the driver; not operated on a fixed route; and licensed by the New York State Department of Motor Vehicles with a license number that is designated by the Department of Motor Vehicles as a taxicab plate.

TAXI STAND

A public place alongside the curb of a street or elsewhere which has been so designated pursuant to § 52-35.

TERMINAL

A fixed base of operation of the owner of a taxicab or limousine.

TOWN

The unincorporated areas of the Town of North Hempstead.

Editor' Note: The definition of "commissioners," which immediately followed this definition, was repealed 10-18-2005 by L.L. No. 8-2005.

Amended 11-18-2008 by L.L. No. 14-2008