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HomeMy WebLinkAbout1975-07-14 281 AC ORDINANCE391 AC (AE A!® W) Intmoeuoed by Councilor Bigney, .July 14, 1975 CITY OF BANGOR (TITLE) MrbinattCPi Amending Chapx IV,_Attfcle 1 Taxicabs and Public Vehicles Be it ordaina? by the City Council of the My of Denver, aefoibeng. — THAT Chapter IV, Article 1 of the ordinances of the City of Bangor be repealed in its "entirety and replaced with the following: CHAPTER IV ARTICLE 1 - TAXICABS AND PUBLIC VEHICLES Sec. 1 Definitions. Poo the purposes of this Article, the following terve are to be deemed and construed to have the meaning indicatedinthis section. 1.1 City Council. The term "City Council" shall mean the City Council of the City of Mayor as established by Article Ii of the Charter of the City of Bangor. 1.2 Holder. The tam 'Tolder" shall mean the person, firm association, partnership orcorporation to when certificate of public convenience and necessity has been granted. 1.3 Driver. The term "driver" shall mean any person who is engaged in the driving of a taxicab for hire. 1.4 Owner. The term "o shall mean the person, firm, association, partnership or corporation to whom a taxicab license hoe been Issued. 1.5 Taxicab. The"taxicab" shall motor vehicle used for me nthe a veyg?ce 81 Pae engets for hire, having a eating capacity of passengers or less, including the driver, operated on call anddemand, without fixed routes or termini, the destination am route of which are under the control of the passenger r passengers being carried therein, the fates for which are at rates per mile or wait time or both. 1.6 Taxicab License Year. The term "taxicab license year" Sha1L man the period of time commencing on the first day of June of one year and expiring on the thirty-first day of Noy of the following year. l.i Taximeter. The term "taximeter" shall mean a mechanical Instrument or device by which the fare for hire of the taxicab IS mechanically measured and calculated, and upon which such fare is plainly and accurately indicated. Sec. 2 Unlicensed Taxicabs Prohibited. It. shall be unlawful for any owner Cc operate or cause to be operated in the City of Beeper any taxicab without having first obtained a taxicab license provided for by Section 4 of this Article, provided, nevertheless, that in shall not be _ de¢med to be the operation of a taxicab or theCausingof a taxicab to be operated within the meaning of this Ordinance 1£: (a) an owner licensed to operate a taxicab in any municipality which grants the same rights a e granted herein to taxicabs licensed 10 the City of danger shall, upon previous call therefor, take a passenger or passengers from Bangor to the city in which such taxicab is licensed, or (b) an ossaer licensed to operate a taxicab in any municipality which grants the save rights a e granted herein to cabs Licensed in the City of Bangor shall, upon delivery in Bangor of a bona fide passenger from the city where said - taxicab is licensed, take a passenger r passengers from said point of delivery in Bangor to the said city where his taxicab is licensed without parking, standing or using in Bangor to obtain said passenger or Passengers. '- - Sec. 3 Certificate of Convenience and Necessity Required. No taxicab license Shall be iss red unless and until the City Council has held a public hearing and granted acertificate stating that the public convenience and necessity requires operation of such taxicab. Each certificate of publicnenien and necessity shall indicate the number of taxicabs for which it is granted. 3.1 Application for Certificates. Application for a Certificate- . of public convenience and necessity shall be made on application forms provided by the City Clerk, approved by the City Council, and shall, among other things, set forth: (1) the came and address of the applicant; (2) the number of taxicabs actually owned and the number of taxicabs actually operated n the City of Bangor by such Owner o the date of application, if any; (3) the mwber of taxicabs for which a certificate of public convenience and necessity is desired; (4) the intended make, type, year of manufacture and Passenger seating capacity of each taxi- cab for which application is made; (5) a description of the color scheme, insignia, or other identifying design for the proposed .taxicabs of the applicant; and _ (6) such other Information as the City Council may. In its discretion, require. 3.2 City Manager to Investigate and Report. Prior to the public hearing required by this section, the City Manger slu Ll cause ainvestigation to be made and shall report his findings in writing to the City Council on the following: (1) the demand of the public for the additional taxicab service; (2) the adequacy of existing mass transportation and taxicab service (3) the effect of such additional taxicab service upon traffic conditions and parking; (4) increased danger to the public from additional taxicab service; (5) financial responsibility, experience, character and ability to operate the proposed taxicab service, of the applicant; and (6) any other factors deemed by the City Meager to be relevant. 3.3 Public Hearin. The City Council shall hold a pubLic hearing within twenty-one (21) days of receipt by the City Clerk of the completed application for a certificate of publicc, , enien and necessity. The City Clerk shallu cause written notice ofthe date,, time and place of such public hearing to be given to the applicant and to be published In a 4 newspaper of general circulation within the City of n Bangor at least one (1)ties prior to the public hearing, the date of first publication to be at least seven'. (7) days prior to such public hearing. 3.4 Standards. NO Certificate of public convenience and necessity shall be granted unless and until the City Council determines that the public convenience enience and n a necessity requires further taxicab s Before making such a determination, the City Council shall find: (1) that there is a sufficient demand by the public for the proposed additional taxicab service; (2) that existing mass transportation and taxicab service are inadequate to meet such demand; (3) that benefits from such additional taxicab aBrvice Outweigh the effects upon traffic conditions and parking; (4) that the financial responsibility, character, experience and ability of the applicant are sufficient to Operate the additional taxicab service; and (5) that the proposed exterior color scheme, insignia, or other Identifying design does not imitate o conflict with any color scheme, insignia, or other identifying design used on taxicabs already operating n the City of Bangor, Or in municipalities adjacent o the City of Bangor, in such a manner as to be mis- leading to the general public. 3.5 Duration of Certificates of public Convenience and Ne ces a lty. bad een-swaps_. _ _ _ .... wfekie-aa 19 . __ .__-.___.. 5 _ _ W -h 21_ _ _ _. _"r -a "We4€teaee-eF-plb�ie __ Frew he -- - - a, I' -L If the umber of taxicab lice convenience s`issued under s ertificate of public nd necessity in ataxicab license year is less number mber authorized by such certificate, the number of taxicab licenses authorised by Such certificate Sha11 be permanently reduced to the umber of taxicab licenses actually issued to the holder. 3.6 Transfer Of Certificate Of public Convenience and Necessity. Nocertrficate of public e enien and necessity transferred Myba sold, ssigned, mortgaged or otherwise cote [GOa[ th¢ covsevt of [he c Ci[y Cowcil. rte.--aka-.+rgeaeAtea¢k9�-.mirage. Upon the sale or other transfer of a portion of a taxicab the comber of taxicabs authorized by the certificate of public c e and necessity ShalL be immediately reduced by the number of taxicabs sold or otherwise transferred. - See. 4 Taxicab Licenses. Upon the granting of a certificate of public enience and n city, a taxicab license may be issued for eachnvtaxicab authorized by such certificate in accordance with the following requirements: (1) each application for a taxicab license t be made and completed upon forma provided by, and most be filed with, the City Clerk; (2) each application for a taxicab license must be accompanied - by written statements from: (a) the sealer of weights and measures stating that - the taximeter installed in the taxicab for which the taxicab license is sought, compl fes Yith the requirements of Section 4.l of this Article, (b) the Chief of police or his authorized agents stating that an inspection has been made of the taxicab for which the taxicab license isought, and that such taxicab has been found to be safe and suitable for taxicab service in accordance with Section 4.2 of this Article, (c) a reputable insurance agency stating that the taxicab for which the taxicab license is sought Ed insured in accordance with Section 4.3 of this Article, and (3) each application for a taxicab license t be accompanied -- . _ by a ual_taxicab license fee of Thirty ($30.00) Dollars.. On and after jy mtaw 9 y' 19](r,� 4.1 Taximete ra. 8vexy [axiye ehalh be equipped with a taximeter, tested, approved and sealed by the sealer of weights and measures,which shall not be connected to the driving wheels of the taxicab and shall accurately represent the distance traveled by said taxicab. Said taximeter abalL be adjusted to accurately calculate no more than the maximum rates of fare hereinafter set forth andshallshow the fare in clear and distinct figures. The taximeter shall be placed o that the dial thereof is in plain view of the passenger while riding in Such taxicab and shall be illuminated during the period between sunset and sunrise to enable the passenger to read the figures indicated thereon. It shall be the responsibility of the owner to submit his taxicab o taxicabs for inspection to the sealer of weights and measures whenever required by this Article, or by direction of the Sealer Of weights and me , the Chief of Police or the City Manger. If upon inspection of the taximeter, the sealer of weights and measures determines that the taximeter meets the requirements of this section, he Shall issue a statement stating that the taximeter complies with the requirements of this section. - 4.2, Inspection of Taxicabs. Before issuing a statement stating that a taxicab is safe and suitable for taxicab service, the Chief of police or his authorized agent shall inspect and find that such taxicab: (1) has a valid state of Maine enter vehicle registration; (2) does in fact comply with the statutes and rules and - regulations relating to the examination and inspection Of motor vehicles registered in the State of Nine; (3) has an official inspection sticker as acertificate Of inspection placed in the lower left hand corner of the windshield or in the center of the windshield In back of the xarview mirror; (4) is in a clean and sanitary condition; (5) meets the identifying Sights and identifying dee lgn requirements of Sections 6, 6.1 and 6.2 of this Article; (6) is equipped with a taximeter; and - (7) is in all other respects safe and suitable for taxicab 4.3 Insurance. Each taxicab shall be Insured for the period ov which the taxicab license is to remain in force Insuring persons -and property from liability for injuries add damages resulting from,the one and operation of such taxicab. Such Insurance policy or coverage shall be issued for a principal am sufficient to provide indemnity forpersonal injury in the mount Of not lees than $50,000 for injury to e person and $100,000 for injury tom a than one person arising out of one accident, and for property damage in the Dunt of $10,000. It shall be the responsibility of the taxicab r owner to a statement from his Insurer stating theamounts for which each taxicabis insured. 4.4 Termination and Expiration of Taxicab License. The expiration, termination, Suspension or revocation of a certificate Of public convenience and necessity, shall muse the immediate termination oanand y all taxicab Licenses issued thereunder. unless revoked o suspended under Section L0.2 of this Article, each taxicab license shall expire on the thirty-first day of .May next after the date of issuance. 'Sec. 5 Taxicab Driver's License Required. It shall be unlawful for any person to operate any taxicab for hire without first obtaining a taxicab driver's license., 5.1 Application and Issuance. Appllcatlonm for taxicab driver's licenses shall be made upon farms furnished by the City Clerk and SM11 require the applicant to set out such information as the City Council may require. Before such license shall be issued by the City Clerk, the application must be approved by the Chief of police, and the applicant meet: (1) demonstrate to the City Clerk that he ca fluently read, write and speak the English language; (2) present a valid State of Maine driver's license; (3) present a valid letter from a reputable physician stating that the applicant has no physical or mental condition which would affect his ability to function as a taxicab driver and thereby impair the safety of himself or that of his passengers}. hovever, this requirement day be idea at the discretion of the (4) present sufficient evidence that he is t Wad of Police; least 18 years of age; (5) submit two recent photographs of himself .. easuring n more than 1k inches by. 3/4 it inches; and (6) pay the annual license fee of $10.00. 5.2 Badge and Identification Card. Taxicab driver's licenses shall be signed by the City Clerk and shall be numbered in the order granted. upon the issuance of the taxicab driver's license, the City Clerk shall deliver to the licensee a metal badge bearing the words 'licensed Taxicab Driver" and the number of the license which shall be worn uapicuously while the licensee is performing his duties a a taxicab driver. The City Clerk shall also- , deliver to the lice identification card. bearing a recent photograph of the licensee, the comber of the taxicab driveI's License and the licensee's seem. 5.3 Expiration of Taxicab Dover's License. Unless suspended or revoked under Section 10.3 of this Article, all taxicab driver'sLicenses will continue in force until the first day of July next 'after the date of issuance. 5.4 Owner Shall pile List of Taxicab Drivers. Every owner shall n the first day of each calendar nwnth, file with the Chief of police, a current List of all taxicab drivers in his employ. Sec. 6 identification of Taxicabs. Every taxicab shall have the came of the ovoccr and the word "taxicab" art real or cab permanently placed on the exterior of one door o each aide of the taxicab in lettere at least2}inches high. to lieu thereof, a logo monogram containing the o r trade and the oY tsaa or cab word or being not leas than 8[inchese in diameter, shall be permanently placed on one door on each side of the taxicab. 6.1 Lights. In addition to the outside lights required by lav, all taxicab$ shall be equipped with an ' identity light attached to the top of each taxicab. Such Identity Light shall be constructed in one unit consisting of an illuminated plate or cylinder upon which is printed the word "taxicab" or the nothe of the owner. The overall dimensions of such identity light shall act exceed 8inches in height and 23 inches in length. 6.2 Identifying Lassies. tach taxicab shall bear such color scheme, insignia or other identifying design as described in the certificate of public convenience and necessity under which the taxicab is authorized Sec. 7 Rates of pate. Pares to be collected from any taxicab passenger o passengers shall beashow the taximeter and n owner, or driver,albeit charge rates to such passenger or passengers for taxicab services within the limits of the City of Meant in excess of the following:4� (1) for the first ane-halfGeaetcv 4) of a mile or fraction thereof, 756. (2) for each one-quarter ({) of a mile or fraction thereafter, g .15c Fke-eParica— _ -& hibe-[axfcab --ia-aCapvR�'�-'"ate-f+�E'i5hes'snideriny-off cther-GrafffcYrtt[r[npcton4 - � �eeaeagel. 9 7.1 Additional Passengers. If there ism re than one passenger having the same origin and destin- ation, all such passengers shall pay equal proportionate parts of the charges shown on the tax£ceter. At the option of the ownrmo of such taxicab, an additional charge of 2 not re than 25C may be made for each additional passenger, having the a origin and destination, as this first passenger. If theree is more than one passenger, and the destinations are different, each passenger passenger shall pay his equal proportionate part of the charges shown on the taximeter at the first stop, add at each subsequent stop, the remaining passengers shall eachpay their proportionate parts of the difference between the amount then shown on the taximeter andthe amount 'shown by the taximeter at the next preceding stop. 7.2 Waiting Time. I£, at the request of the passenger, the taxicab waits for the passenger after the taxicab has arrived at the place of origin, at the expiration of five minutes after such taxicab has arrived, the passenger may be charged at a maximum rate of $9.00 per hour, o such fraction thereof, an the actual waiting time bears to one hour. If, at the request of the passenger, the taxicab Is requested alt at the place of destination, after theexpirationof EAbvtSinutes after the taxicab's {rival, the passenger may be charged at. the maximum rate of $300 per hour, or any such fraction thereof s the actual waiting time bears to one hour. No charge shall be made for waiting time in advance of the time at which the taxicab is required in the request for taxicab service, nor for the delay due to inefficiency of the taxicab or its operation, r for mileage or time other than proceeding in the most direct way to the destination. 7.3 Hand Luggage. Hand luggage shall be carried free of charge. 7.4 Sightseeing Taxicabs. Taxicabs my be employed as sightseeing taxicabs at the rate of $10.00 per flour -fantke—€ifaEireve-aM�2r0•B-Ear-assts-y carter hour or £.Miert 73 Rate Card, Upon the issuance of a taxicab license, the City Clerk stall also issues rate of fare card to be displayed in all taxicabs as required by Section 9 of this _ Article. The Chief of Police. by and with the — ssent of the City Manager, in hereby empowered to ign, to each and every licensed tactic b gnat_ Sec. 8 Taxistands and Soliciting. a oewtMs 'em". _ _ ______ _ __ _ at sets and a c .__.-fertie se�.+Po,r ways. 8.1 Use of Hydrant Areas. The Chief of Police, in his discretion, by and with the cent of the City - Manager, is hereby empowered to designatethe area in front of any fire hydrant within the fire Limits, as a tambstand, provided, however,. that any such stand go designated shall only be need by a taxicab occupied by the driver thereof, and any such standso dee ignated may, at any time, be abolished by the Chief of Police. The, enactment of this action shall in no way contradict orrepeal any Part of Section ), Article 28, Chapter II of the City Ordinances. 8.2 Standing in Other than Designated Areae Prohibited. No owner Sll permit his licensed taxicab to stand in a�y°hpieett,l strreet, lanes or Square other than such taxicab stands so assigned by the Chief of Police. 8.3 Passenger Soliciting. No driver of a taxicab shall solicit -V pick 9 any passenger or passengers within fifty (50) feet of an established taxicab stand except while parked in said stand. Sec. 9 Display Requirements. Cards issued by the City Clerk upon issuance of a taxicab license, showing the rates of fare, shall be conspicuously displayed in every taxicab secant it n be read by passengers riding therein. The taxicab license issued for that taxicab and that taxicab driver's license issued to the driver shall also be conspicuously displayed so that it can be read by passengers while riding therein. All such taxicab licenses, taxicab driver's licenses and rates of fare cards shall be illuminated betweea the hours of sunset and sunrise so as to enable the Passenger to -read the information contained thereon. Sec. 10 Sue pens Lon and Rev cation of Certif Lcakes and licenses . 10.1 Revocation of Certificate of Public Convenience and Necessity. The City Council my, after notice to the owner and a public hearing, revoke a certificate of public convenience and necessity if the City Council finds: (1) thatthe taximeter, tires orany other Part of a taxicab affecting the taximeter have been intentionally adjusted or tampered with, by or with the full knowledge of the so that the amount showing on the taxi- meter for a given distance 1a in excess of the maximu, rates of fare allowed under Section J of this Article; (2) that a taxicab was driven for hire by a driver not having a. valid taxicab driver's license, and the owner thereof having knowledge that such drive rdoes not hold a'valid taxicab driver's license; -- (3) that the owner hascovsistently failed to maintain: standards in the operation of his taxicab service required under Sections 4.2 or 4.3 of this. Article. (4) that the taxicabs of the owner have consistently beenoperating in violation of Sections 8, -8.1, 8.2 and 8.3 of this Article relating to tasistands and solicitation. 10.2 8evocation or Suspension of Taxicab License. The City Council may, after notice to the owner and public hearing, suspend a taxicab license for a period of not more than 90 days or revoke said taxicab license if it finds: (1) that the rate card or taxicab license has consistently not been on display as required by Section 9 of this Article; or (2) that such licensed taxicab has consistently failed to meet the standards requited under Section 4.2 of this Article. 10.3 Suspension or Revocation of Taxicab Drive The License. City Council may, after notice to the licensee and public hearing, suspend for a period of not 0 r e than 90 days, revoke, the taxicab driver's license of such licensee if the City Council' finds: (1) that the licensee has been convicted of a moving violation while operating a taxicab containing a passenger (2) that the licensee hes consistently failed to wear r the badge issued to his, required under Section 5.2 of this Article; or "(3) that the licensee has consistently failed to display his taxicab driver's license as required by Section 9 of this Article. 12 Sec. 11 Ptivileges of Passeugets. 11.1 Additional Passengers. Me driver of a taxicab shall carry any person other than the passenger first engaging his taxicab, without the latter's consent. Any taxicab agent at any railroad, airport or motor has terminal, before directing aeand passenger to enter a taxicab already engaged, shall ask the first passenger engaging such taxicab 1f heoants to its use by another passenger or passengers. The rate of fare card required CO be displayed under Section 9 of this Article shall inform the passenger of the above law by stating a follows: 'Tau as the first passenger in this taxicab, e the one to decide who will ride with you. - Unless it is your raquest or with your consent, this taxicab driver Is prohibited by law to accept additional passengers." 11.2 Refusal to Provide Taxicab Service.. Any Orderly person, upon request, shall not be refused or neglected transportation by a driver unless the taxicab is previously engaged or unable or forbidden by provisions of this Ordinance to accept such passenger. Such wrongful refusal O neglect stall be unlawful and upon - conviction therefor,such driver shall be subject to the Penalties provided for in Section 13 of this Article. 11.3 Recei2t Upon Remand. The driver of any taxicab shall upon demand by the passenger, render to such pas engeirceipt for the amount paid. Such receipt shall beer the nams, of the ow , the name of the drive[, the date Of transaction and the amount paid. Sec. 12 Refusal of pass eneei Co pay Le&a1 Pa[e. The refusal of any passenger to pay the legal fare as shown on the taximeter of a taxicab shall he unlawful, and upon conviction therefor shall be subject to such penalties provided for to Section 13 of this Article. Sec. 13 penalties. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $100,00. Any such fine may he in addition to the provisions of this Article providing Ebr the suspension Oiecation of the certificate Of o public convenience and necessity, taxicab license and the taxicab driver's license. Sec. 14 Severability. Each of the provisions Of this Ordinance are severable, and if any provision shall be declared to be invalid o void, the remaining provisions of this ordinance shall not be affected and shall remain in full force and effect. - 261 AC Introduced by Councilor eigwy, .only 16, 1975 CITY OF BANGOR (TITLE.) (OrlbIltaltref Amem wL Chapter Iv Article I Taxicab Be it ordalud by w C ty Cowmil ofLke City of Banger, As /oRame.: — THAT Chapter IV, Article 1 of the Ordinan m of the City of Banor be repealed in its entirety and replaced with the following: Cxnpxex Iv A@TICIB 1 - T"IGgs AND PMLIC VEHICLES Sec. 1 Definitions. For the purposes of this Article, the following terms are to be deemed and construed to have the meaning indicated in this section. 1.1 City Council. The term "City Council" shall mean the City Count 11 of the City of Fangor as established by Article I1 of the Charter of the City of Hangar. 1.2 Hold". The term "holder" shall mean the person, fire, association, partnership or corporation to wham a certificate of public convenience and necessity has been granted. ' 1.3 Driver. The term "driver' shall mean 'arty person who in engaged in the driving of a taxica'v for hire. 1.4 Want. The term "owner" shIIL mean the person, firm, ociation, partnership or corporation to whom a taxicab License has been issued. L.5 Taxicab. The term "taxicab" shall man a motor vehicle used for the conveyance of passengers for hire, having a seating capacity of seven (7) passengers o lens, including the driver, operated o call and demand, without fired routes or termini, the destination and 281 Ac ORDINANCE L' - IN CITY COUNCIL July 14, 1975 Received let reading, (Public (TI'11E.) A —nding Chapter To, Article 1 - hearing to be held duly 22,. 1975). Consider next meting. Taxicabs and PUElic Vehicles. //d...,,aA -n CITY CI.F.2K , IN CITY COUNCIL 'Int wtl /Ylei E July 28. 1975 �. . Consider needs metinged'j, a 0gar Ilam CTTY C IN CITY COUNCIL This McUnawe t9 corm Y L)l lqr August 11, 1975 Consider next meeting._ /f - F,FCEI V ED ry75 JUL 10 M 2:57 CITY CLEftK.or.Oeu EE Y CLE CIS T IN CITY COUNCIL August 25, 1975. " Amepded in Section 4.3, linecassittes � on by deleting $10,000 a aryl gsp�Sgl jyyj,jpyypg, substituting therefore, $25,000, further ameMale2s ehcwn on attaNhed. IN CITY, COUNCIL .. mendmenta dated August 25, 19751 September 8, 1975, Received 3,M reading. Notion toed Amended byaddingto. the 1st sentence aider part meeting Passed by .. of Sec. 3.6 "without the consent of the following yes and n vote. the Nasser City Ccuneil" by the following Councilors Voting yes: Ballon, yes and. no vote, Councilors voting yes: Bronner, Gass, Henderson, SOucy Sallee,' Breuntas) Gass, 6wey & Speirs'. and Speirs. Councilors voting n Cooncilois. vo ing nO: Baldacci, Signey, Baldecci, Bigney and Mooney. .. Henderson, MOOney. Also accrued by n�"eA O deleting.2nd sentence in Sm. 3.6. Further - W Ad" nanded in Sec, 6 by adding o "Cab" after CSTY CLE ''Taxicab" Ce "Taxi". Received final passage by the following yes and no vote. Councilors Voting yes: Baldacci, Ballon, Sidney, Brountas, Gass, Henderson, Ne�ooney, Soucy and $pairs. Y a&ssG ag CITY C route of which are under the control of the Passenger r passengers being carried therein, the fares for which are at rates per mile or wait time or both. 1.6 Taxicab License Year. The term 'taxicab license year shall man the period of time conseencing on the first day of. Tum of one year and expiring on the thirty-first day of May Of the following year. 1.7 Taximeter. The term "taximeter" shall mean a mechanical instrument or device by which the fare for hire of the taxicab Is mechanically measured and calculated, and upon which such fare is plainly and accurately indicated. Sec. 2 Onticewed Taxicabs Prohibited. It Shall be unlawful for any owner to operate or cause t0 be operated in the City Of Bangor any taxicab without having first obtained a taxicab license provided for by Section 4 of this Article. Provided, nevertheless, that it shall not be deemed t0 be the Operation of a taxicab or the causing of a taxicab to be operated within the meaning of this Ordinance if: (a) an owner licensed to operate a taxicab in any municipality which grants the maxe rights a e granted herein to taxicabs licensed in the City of Bangor shall, upon previous call therefor, take a Passenger or passengers from Bangor to the city in which such taxicab Is licensed, or (b) an Oscar licensed to operate a taxicab in any municipality which grants the aero rights a e granted herein to taxicabs licensed In the City of Bangor shall, upon delivery in Bangor of a bona fide passengerfrom the city where said taxicab is lic coed, take a passenger Or passengers from said point of delivery in Bangor to the said city where his taxicab is licensed without parking, standing or cruising in Bangor to obtain said passenger orpassengers. Sec. 3 Certificate of Convenience and Necessity Required. No taxicab license shall be Issued unless and until the City Council Fame held a public hearingandgranted acrtificate stating that the public convenience and necessity requires the operation of arch taxicab. Each certificate of public convanience and necessity shall indicate the number of resinous for which it is granted. 3.1 Application for Certificates. Application fora certificate of public convenience and necessity shall be aade on application forms provided by the CICy Clerk, approved by the City Council, and shall, among other things, set forth: (1) the name aha address of the applicant; (2) the comber of taxicabs actually owned and the comber of taxicabs actually operated in the City of Bangor by such own, on the date of application, if any; (3) the number of taxicabs for which certificate of public convenience and necessity is desired; (4) the intended news, type, year of manufacture and passenger sating Capacity of each taxi- cab for which application is rade; (5) a description of the color enhance, insignia, or other identifying design for the proposed taxicabs of the applicant; and (6) such other information -as the City Council Cay, io. its discretion, require. 3.2 City Manger to Investigate and Report. Prior to the public hearing required by this section, the City Manager shall C ainvestigation to be made and shall report his findings in writing CC the City Council on the fallowing: (1) the assuaged of the public for the additional taxicab service; (2) the adequacy of existing mass transportation and taxicab service; (3) the effect of such additional taxicab service upon traffic conditions and parking; (4) increased danger to the public frau additional taxicab service; (5) financial responsibility, experience, character and ability to operate the proposed taxicab service, of the applicant; and (6) any other factors deemed by the City Manger to be relevant. 3.3 Public Hearing. The City Council shall hold a public hearing within twenty-one (21) days of receipt by the City Clerk of the completed application for a certificate of public convenience and necessity. u ssity.. The City Clerk shall Cae written notice of the date, time and piece of such. public beating to be given to the applicant and to be published in a newspaper of general circulation within the City of Cougar at least One (1) time prior to the public hearing, the date of first publication to be at least seven (7) days prior to such public hearing. 3.4 Standards. No certificate of public convenience and necessity skull be granted unless and until the City Council determines that the public convenience and necessity requires further taxicab a Before making such a determination, the City Council shall find: (1) that there is a sufficient demand by thepublic for the proposed additional taxicab service; (2) that existing mass transportation and taxicab service are inadequate to meet such demand; (3) that benefits from such additional taxicab service outweigh the effects upon traffic conditions and parking; (4) that the financial responsibility, character, experience and ability of the applicant are sufficient to operate the additional taxicab service, and (5) that the proposed exterior telex scheme, insignia, or other identifying design does not imitate o conflict with any color scheme, insigniarother identifying design used on taxicabs already operating in the City of Banger, or in municipalities adjacent to the City of Bangor, in such a amour as to be mis- leading to the general public. 3.6 Necessity. Unless suspended or revoked in accordance with Section 10.1 or terminated in accordance with Section 3.6 of this Article, a certificateof public convenience and necessity shall expire four (4) yeas from the date such certificate is granted. If theember of taxicab licenses issued under a ertiflcate of public conveniee and necessity In a. taxicab license year i less thannc the number authorized by suchcertificate, the amber of taxicab licensee authorized by such certificate shall be permanently reduced to the number of taxicab licensee actually issued to the holder. Transfer of Certificate of public Convenience and Necessity. NO certificate of public convenience and necessity yy be Bald, see igaed, mortgaged o otherwise transferred 4on the ;ale or other transfer of a taxicab 4�1 service, thAlvertificate of public convenience and extensity - MLI granted therefor other etran fer of portion ionofa terminate. Dien the sale o other txaoe far ca s portion ed a taxicab service, the mmmbbx of taxicabs a and necessity by the certificate of reduce convenience num find v xicab shall be immediately induced by the number of taxicabs sold or otherwise transferred. Sec. 4 Taxicab licenees. Upon the granting of fl certificate of public convenience and necessity, a taxicab license may be, issued for each taxicab authorised by such certificate in accordance with the following requirements: (1) each application for a taxicab license must be made and completed open forme provided by, and must be filed with, the City Clerk; (2) each application for a taxicab license most be accompanied by writtenstatements from: (a) the sealer of weights and measures stating that the taximeter installed in the taxicab for which the taxicab licenseissough[, complies with the requizements of Section. 4.1 of this Avticlep (b) the. Chief of Police or his authorized agents stating that an inspection las been made of the taxicab for which the taxicab license is sought, and that such taxicab has been found to be safe and suitable for taxicab service in accordance with Section 4.2. of this Articlei (c) a reputable insurance agency stating that the taxicab for which the taxicab license is sought is Laeured in accordance with Section 4.3 of this Article{ and (3) each application for a taxicab license must be accompanied by an annual taxicab license fee of Thirty ($30.00) Dollars. 4.1 Taximeters. Every taxicab shall be equipped with'a taximeter, tested, approved and sealed by the sealer of weights and measures, which shall not be connected to the driving wheels of the taxicab and shall accurately represent the distance traveled by said taxicab. Said taximeter shall be adjusted to accurately calculate no more than the makimum rates of fare hereinafter set forth and shall show the fare in clean and distinct figures. The taximeter shall be placed o that the dial thereof is in plain view of the passenger while siding in such taxicab and shall be illuminated during the period between sunset and sunrise to enable the passenger W to read the figures indicated thereon. it shall be the responsibility of the owner to submit his taxicab o taxicabs fon inspection to the sealer of weights and measures whenever required by this Article, or by direction of the sealer of weights and censures, the Chief of police or the City manger. if upon inspection of the taximeter, the sealer of weights and measures determines that the taximeter. meta the requirements of this section, he shallissue a statement stating that the taximeter complies with the requirements of this section. 4.2 Inspection of Taxicabn. Before issuing a statement stating that a taxicab is safe and suitable for taxicab service, the Chief of police or his authorized_ agent shall inspect and find that such taxicab; -(1) has a valid state of Maine enter vehicle registration; (2) does in fact comply with the statutes and rules and regulations relating to the examination and inspection of motor vehicles registered in the State of Maine; (3) has an official inspection sticker as acertificate of Inspection placed in the lower left hand corner of the windshield or In the center of the windshield in back of the rearview mirror; (4) fa in a clean and sanitary condition; (5) sesta the identifying lights and identifying design requirements of Sections 6, 6.1 and 6.2 of this Article; (6) is equipped with a taximeter; and (7) is in all other respects safe and suitable for taxicab service. 4.3 Insurance. each taxicab shall bei ured for the period which the taxicab license ever is to remain in force insuring persona and property from liability for injuries and damages resulting from the use and operation of such taxicab. Such Insurance policy or coverage shall be issued for a principal am sufficient to provide indemnity for Personal injury in the mutant of not less than $50,000 for injury to one person and $100,000 for injury to more than one person arising out of o am accident, and for damage In the amount of $10,000. It shall be the responsibility of the taxicab owner to a om statement frhis insurer stating the amounts r for which each taxicab is insured. 4.4 Termimtfon and Expiration of Taxicab License. The expiration, termination, suspension arra cation. of a ertificatsbv f. public convenience and necessity,shaLl cause the immediate termination of any and all taxicab licenses issued thereunder. unless revoked or suspended under Section 10.2 of this Article, each taxicab license shall expire on the thirty-first day of May next after the dateofissuance. Sec. 5 Taxicab Driver's License Enquired. It shall be unlawful for any 'person to operate any taxicab for hire without first obtaining.a taxicab driver's license. 5.1 Application and issuance. Applications for taxicab driver's licenses shall be made upon forms furnished by the City Clerk and shall require the applicant to set out such information as the City Council may require. refuse suchlicense etwtl be issued by the City Clerk, the application most be approved by the Chief of Police, and the applicant mus4 (L) demonstrate to the City Clerk that he ca fluently read, write and speak the English language; (2) present a valid State of Prior driver's license; (3) present a valid letter it= a reputable physician stating that the applicant has o physical or mental condition which would affect his ability to functionasa taxicab driver and. thereby Impair the safety of himself or that of his passengers; (4) present sufficient evidence that he is at Least IS years of age; (5) submit two recent photographs of himself measuring not more. than 1'd inches by 3/4 Inches; and (b) pay the annual license fee of $10.00. 5.2 Badge and Identification Card. Taxicab driver's licenses shall be signed by the City Clerk and shall be numbered in the order granted-. Upon the issuance of the taxicab driver's license, the City Clerk SWI deliver to the Licensee a metal budge bearing the words 'licensed Taxicab driver" and the number of the License which shall be worn conspicuously while the licensee is performing his duties as a taxicab driver. The City Clerk shall also deliver to the licensee an identification card bearing aant photograph of thelicensee, the number of the taxicab driver's license and the licensee's came. 5.3 Expiration of Taxicab Driver's License. guless suspended o e vokedunder Section 10.3 of this Article, all taxicab driver'slicensee will continue Inforce until the first day of July next after the date of issuance. 5.4 Owner Shall Pile List of Taxicab privers. Every owner shall an the first day of each calendar month, file with the Chief of Police, a current list of all taxicab drivers in his employ. Sec. 6 Identification of Taxicabs. Every taxicab shall have the name of the owner and the word "taxicab" penes ntly placed o the exterior ofo a door on each side of the taxicab in lettere at least 2§ inches high. In lieu thereof, a Logo or abandonm containing the o rbase radeand the word "taxicab" being not leas than 8rinches in diameter, shall be permanently placed on one door on each side of the taxicab. 6.1 Lights. In addition to the outside lights required by law, all taxicabs Shall be equipped with an identity tight attached to the top of each taxicab. Such identity light shall be constructed in onunit consisting r of an illuminated plate o cylinder upon which is printed the word "taxicab" or the bases of the owner. The overall s dime of such Identity light shallnot exceed 8 inches in height and 23 inches in length. 6.2 Identifying besiga. Each taxicab shall bear such color scheme, insignia or otheridentifying design as described in thecertificate of public c enience and necessity order which.the taxicab is authorized. Sec. ] Rates of pare. Tares to be collected from any taxicab passenger o passengers shall be as shown on the taximeter and n owner, or driver, shall charge rates to such passenger or passengers fortaxicabservices within the limits of the City of Magor in excess of the following:. (1) for the first one-quarter (}) of a mile or fraction thereof, I5E. (2) for each one-quarter (}) of a mile or fraction thereafter, LOd. The operation of the taximeter shall be suspended while the taxicab is stopped at traffic lights and during all other traffic interruptions not "used by the passenger. 7.1 Additional Passengers. If them is more than one passenger having the same originanddestin- ation, all such passengers Shall pay equal proportionate parts of the charges shown on the taximeter. At the Option of the own[of such taxicab, an: additional charge of 251 Nay be made for each additional passenger, having the sr origin and destibatiaq e as the first passenger. If the is more than one passenger, and the destinations are different, each passenger shall pay his equal proportionate part of the chargee shown on the taximeter at the first atop, and at each subsequent stop, the remaining passenger shall each pay their proportionate parts.Ofthe difference between the Amount then shown n the taximeter and the amount shown by the taUmeter at the next preceding stop. 7.2 .Waiting Time. If, at the request Of the passenger, the taxicab waits for the passenger after the taxicab has dived at the piece of origin, at the expiration of five minutes after such taxicab hoe arrived, the passenger my be charged at a maximum rate of $5.00 per hour, or such fraction thereof, as the actual waiting time beats to am hour. If, at the request of the passenger, the taxicab is requested td wait at the place of destination, after the expiration of ten minutes after the taxicabs arrival, the passenger my be charged at the maximum rate of $5.00 per hour, or any such fraction thereof as the actual wafting time beam to one hour. No charge shall be made for waiting time in advance of the time at which the taxicab is required in the request for taxicab service, nor for the delay due to inefficiency of the taxicab or its operation, t for mileage or time other than proceeding in the moat direct any to the destination. 7.3 Nand Luggage. Nand luggage shall be carried free of charge. 7.4 Sightseeing Taxicabs. Taxicabs may be employed as sighmeeing taxicabs at the rate of $10.00 per hour for the first hourand$2.o0 for each quarte[ hour or fraction thereof thereafter. 1.5 Cgusermd) 7.6 (Reserved) ]J Rate Card. Upon the issuance of a taxicab license, the City Clerk shall also issue a rate of fare card to be displayed in all taxicabs as required by Section 9 of this Article. Sec. 8 Taxietands add Soliciting. The Chiefof police is hereby vested with power to assign -to each and every anyof a licensed taxicab, a suitable stand for the sameupon street, land of square. 8.1 use of Nydtant Areas. The Chief of Police, in his discretion, by and with the consent of the City Manager, is hereby empowered to designate the area n front of any fire hydrant within the fire limits, as a taxfetand, provided, however, that any such stand so designated shall only be used by a taxicab occupied by the driver thereof, and any such stand so designated may, at any time, be abolished by the Chief of Police. The enactment of this action shall i way contradict o repeal any pax of Section 7, Article 28, Chapter II of xthe City Ordinances. 8.2 Standing, In Other than Designated Areas Prohibited. No owner shall permit his licensed taxicab to stand in any place, street, Lanka or square other than such taxicab stands so assigned by the Chief of Police. 8.3 Passenger Soliciting. No driver of a taxicab Siad solicit or pick up any passenger or Passengers within fifty (50) feet of an established taxicab stand except whileparked in said stand. Sec. 9 Display Requirements. Cards issued by the City Clerk upon issuance of a taxicab license, showing the rates of fare, shall be conspicuously displayed in every taxicab sothat it an be read by passengers riding therein. The taxicab license issued for that taxicab add that taxicab driver's license issued to the driver shall also be conspicuously displayed so that it can be read by passengers while riding therein. All such taxicab licenses, taxicab driver's licenses and rates of fare cards shall be illuminated between the hours of sunset and sunrise so as to enable the passenger to read the laformation contained thereon. Sec. 10 Suspension and Revocation of Certificates and Lice 10.1 Revocation of Certificate of Public Convenience and Necessity. The City Council my, after notice to the owner and a public hearing, revoke a certificate of public convenience ouaenience and necessity if the City Council finds: (1) that the taximeter, tires or any other part of a taxicab affecting the taximeter have beamintentionally adjusted or tampered with, by or with the full knowledge of the o that the amount showing on the taxi- ll meterfor a given distance is in excess of the mhxf = rates of fare allwfd under -Section ] of this Article; (2) that a taxicab ws driven for hire by a driver not having a.. valid taxicab driver's license, and the owner thereof having knowledge that such driver does not hold a valid taxicab driver's license; (3) that the owner hasconsistently failed to maintain standards in the operationofhis taxicab service required under Sections 4.2 or. 4.3 of this Article; (4) that the taxicabs of the owner have consistently been operating in violation of Sections 8, 8.1, 8.2 and 8.3 of this Article relating to taxistands and solicitation. 10.2 Revocation or Suspension of Taxicbb License. The City Council may, after notice to the asset and public bearing, suspend a taxicab license for a period of not more than 90 Saye or revoke said taxicab' License if it finds r (1) that the rate card or taxicab license has consistently not been on display as required by Section 9 of this Article; or (2) that such licensed taxicab has consistently failed to meet the standards required under Section 4.2 of this Article. 10.3 Suspension or Revocation of Taxicab Driver's License. The City Council may, after notice to the licensee and public hearing, suspend for a period of mat men than 90 days, orrevoke, the taxicab driver's license of such licensee if theCity Council find&; (L) that the licensee has been convicted of a moving violation while operating taxicab > containing a passenger, (2) that the licensee has consistently failed to wear the badge issued to him, asrequired under Section 5.2 of this Article; or (3) that the licensee has consistently failed to display his taxicab driver's license as required by Section 9 of this Article. 12 Sec. 11 Privileges of Passengers. 11.1 Additional Passengers. No driver of a taxicab shall carry any person other than the passenger first engaging his taxicab, without the latter's consent. Any taxicab agent at any railroad,. airport or motor bus terminal, before directing a second passenger to enter a taxicab already engaged, shall ask the first passenger engaging such taxicab if he consenta to its use by another passenger or passengers. The ate of fare _card reyuirdd to be displayed under Section 9 of thin Article shall inform the passenger of the above law by stating a follows; 'You, as the first passenger in this taxicab, One the one to decide who will ride with you. less it is your request or with your consent, this taxicab driver is prohibited by law to accept additional passengers," 11.2 Refusal to Provide Taxicab Service. Any orderly person, upon request, shalt not be refused or neglected transportation by a driver unless the taxicab is previously engaged or unable or forbidden by provisions of this Ordinance to accept such passenger. Such wrongful refusal or neglect shalt be unlawful and upon conviction therefor,such driver shall be subject to the penalties provided for in Section 13 of this Article. 11.3 Receipt Penn banned. The driver ofanytaxicab stall upon demand by the passenger, tender to such passenger, arcelpt for theamount paid. Such receipt shall bear the caof the ow , the name of the driver, the date of transaction and the amount paid Sec. 12 Refusal of passenger to pay Legal Pare. The refusal of any passenger to pay the legal fare an shown on the taximeter of a taxicab shall be unlawful, and upon eviction therefor shall he subject to such penalties provided for in Section 13 of this Article. See. 13 Penalties. Any person violating any of the previsions of this Ordinance Shall be deemed guilty of a misdemeanor and upon conviction thereof;. shall be fined not more than $100.00. Any such fine any be in addition to the provisions of this Article providing for the suspension or revocation of the certificate of public convenience and necessity, taxicab license and the taxicab driver's license. Sec. 14 Severability. Each of the provisions of thin Ordinance are rable, and if any provision shall be declared to be invalid o void, the remaining provisions of this ordinance shall not be affected and shall remainin full force and effect. AMEND.U,EN76 TO TA :CAS ORD:\ANCS :i61 AC: _a, S76 Page S. Sec. 1.5 ✓ Change "seven (7/" to read "six (6)"✓ Page 4 Sec. 3.5 Delete: Unless suspended or revoked in accordance with Section 10.1 or terminated in accordance with Section 3.6 of this AniCle, a certificate of public convenience and necessity shall expire four (4) years from the date such certificate is granted. The section will then start: "If the number of taxicab licenses issued........" Page 5 Sec. 4.1" Add to the beginning "On and after January 1, 1976," This will than read: Taximeters. On and after January 1, 1976, every taxicab shall be equipped with a ..... Page 7 Sec. 5.1 (3) Md to the end of this paragraph however, this requirement may be waived at the discretion of the Chief of Police; - Page 8 Sep. 6 ✓ Add 'or "texl•" after the word "taxicab" in bath instances. This will then read: Every taxicab shall have the name of the owner and the word "taxicab•' or "taxi '•.pcim e'ritly placed....... owner's name sInadr'name and the word "taxicab" or •tsxYYbning not less..... Sec. 7 '1) 1/ Change one-quarter to one-half It will then read: (1) for the first one-half (1/2) of a mile or / fraction thereof, 75, . Sec. 7 (2) 1/ Change to IV A will then read: (2) for each one-quarter (}) of a mile or fraction thereafter, ISC. Delete the last paragraph: The operation of the taximeter she)I be suspentled while the taxicab is stopped at :in f fie :ighte dnrI ..:: etler liar IiCrti-r..yu:,es no: e.. .y '. r.0 ..., �._....i.;.. - Page 9 Sec. Z 1.6 J 22nd.of 5th linecchange 25s to not more than 254 The sentence will then read: At the option of the owner of such taxi cab, an additional charge of not more than 254 rvry be made for each additional passenger, having.... Sec. 7.21/ Change $5.00 Per hour to $6.09 Per hour and ten minutes to five minutes to read as follows: ..the passenger may be charged at a maximum rate of $6.00 per hour, or such fraction..... If, at the request of the passenger, the taxicab is requested to wait at the place of destination, after the expiration of five mmutns after tho taxicab's arrival, the passenger may be charged at the rate of $6.00 per hour.... Sec. 7.4 t/ Delete: for the first hour and $2.90 for each quarter -hoer or fraction thereof thereafter. .This section will then read: $lahtseeina Taxicabs. Taxicabs may by employo, as sightseeing taxicabs at the rate of $10.00 per hour. Sec. 7.5 /a (Reserved) dstate Sec. 7.6 ✓/ / (Reserved) delete Sec. 7.7 V Change to Sec. 7.5 Page 10 Sec. 8. / Taxistands and Soliciting. V Delete: The Chief of Police is hereby vested with power to assign to each and every owner of a licensed taxicab, a suitable stand for the same upon any street, land or square. ✓Add The C of Police, by and with the consent of the Manager, Is hereby empowered to assign, City each and every licensed taxicab owner, suitable table taxista nd space on public streets and ways. AMLNDY.:STS TO Ttia: C.... ]......_...,'_ - ., a..t.......... A ;_,. 2.. .S% Page 10 8.2 aceto were "public' before place. This will then read: Spending in Other than Designated Areas Prohibited. No owner shall permit his licensed taxicab to stand In any public place, street, lanes or square other than such taxicab stands so assigned by the Chief of Police. 813 Delete "or pick-up" This will then read: Passenger 8olicitlm. No driver of a taxicab shall solicit any passenger or passengers within fifty (50) feet of an estabhshco taxicab stand except while parked in said stand.