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repealed in its "entirety and replaced with the following: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.