HomeMy WebLinkAbout2016-03-28 16-124 ORDINANCECOUNCIL ACTION
Item No. 16- 124
Date: March 28, 2016
Item/Subject: ORDINANCE, Repealing and Replacing Chapter 278, Taxicabs, of the Code of
the City of Bangor
Responsible Department: Legal
Commentary:
This ordinance amendment is a comprehensive revision of the City's taxicab ordinance.
Over the last several years, the City has fielded concerns a number of concernsabout taxicabs in
the City from taxicab companies and drivers, citizens, the Police Department, and others. This
new ordinance is the result of many meetings and discussions with taxicab owners, operators,
the State, and other interested parties.
The new ordinance would carry forward many provisions of the existing ordinance, but would
also make a number of changes. The new ordinance:
• Clearly defines taxicabs, livery vehicles, and other passenger transportation vehicles.
• Requires drivers of livery vehicles, who are currently effectively acting as unlicensed
taxicabs, to undergo the same application process and background checks as taxicabs.
• Updates and clarifies taxicab inspection and taxicab driver's license requirements.
• Adds conduct requirements for taxicab drivers.
• Clarifies rules regarding smoking, bringing them into line with state law.
• Amends and clarifies procedures regarding license suspension and revocation, as well as
removal of unsafe taxicabs from service.
This item was reviewed and recommended for approval from the Government Operations
Committee on March 21, 2016.
Department Head
Manager's Comments:
City Manager
Associated Information: Ordinance
Budget Approval:
Finance Director
Legal Approval:
i ity Solicitor
Introduced for
Passage
x First Reading
Referral
Assigned to Councilor Plourde
CI'T'Y OF BANGOR
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ORDER, Repealing and Replacing Chapter 278, Taxicabs, of the Code of the City of Bangor
WHEREAS, over the last several years, the City of Bangor has fielded concerns from various
parties about taxicabs in the City;
WHEREAS, City staff has spoken with taxicab owners, operators, the State, and other
interested parties on numerous occasions about these concerns; and
WHEREAS, the City wishes to provide for the health, safety, and welfare of taxicab drivers,
passengers, and the citizens of Bangor and other communities;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 278 of the Code of the City of Bangor be repealed in its entirety and replaced with the
following:
Chapter 278: Taxicabs and Livery Vehicles
§ 278-1. Definitions.
For the purposes of this chapter, the following terms are to be deemed and construed to have
the meanings indicated in this section:
BUS
An unmetered commercial passenger vehicle which carries more than 15 persons,
including the driver, and operates on a fixed route for a fare.
BUSINESS LICENSE YEAR
CITY
The period of time commencing on the sixteenth day of May of one year and expiring on
the fifteenth day of May of the following year.
The City of Bangor.
CITY COUNCIL
The City Council of the'City of Bangor as established by Article II of the Charter of the
City of Bangor.
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COURTESY VEHICLE
A commercial vehicle service that carries passengers over a short distance to or from a
fixed destination (e.g. the airport) at no charge to the customer.
DISPATCH CENTER
Any person, firm, association, partnership or corporation that provides dispatching
services, including any form of electronic dispatch, to owners of taxicabs or liveries, in
the City of Bangor.
DRIVER
Any person who is engaged in the driving of a taxicab or livery for hire.
EMPLOYED BY OR EMPLOYEE
Includes, but is not limited to, any employee, independent contractor, lessee or person
permitted to drive a taxicab or livery of the business licensee.
FOR HIRE
The transportation of passengers for compensation.
LIVERY
A motor vehicle used for the transportation of passengers for hire, having the following
characteristics:
A. A seating capacity of at least three and no more than fifteen passengers behind the
driver's seat;
B. Hired by means of a request or contract arranged in advance of the time
transportation is needed;
C. Charge is by flat fee or by the minute;
D. A price estimate is provided to the customer in advance of pickup; and
E. Does not operate on a fixed route.
LIMOUSINE
Any unmetered luxury vehicle designed to carry no less than five and not more than
fourteen passengers behind the driver's seat which is of a type built or modified for use
as a luxury "stretch limousine" and is used for the transportation of passengers for -hire,
solely by pre -arrangement, on a reserved hourly or flat rate basis.
OPERATE
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The act of driving, attempting to drive, or exercising control over a vehicle.
OWNER
The person, firm, association, partnership or corporation to whom or to which a taxicab
or livery business license has been issued.
TAXICAB
A motor vehicle used for the transportation of passengers for hire, having the following
characteristics:
A. A seating capacity of nine passengers or fewer, including the driver;
B. Operated on call and demand;
C. Operated without fixed routes or termini;
D. The destination and route of which are under the control of the passenger or
passengers being carried therein; and
E. The fares for which are at rates per mile, or fraction thereof, or wait time, or both.
TAXIMETER
A mechanical instrument or device by which the fare for hire of the taxicab is
automatically calculated, either for distance traveled or waiting time or both, and plainly
and accurately indicated in figures that are illuminated and clearly visible to the
passenger.
§ 278-2. Applicability.
A. The provisions of this article shall apply to taxicabs and liveries which operate within
Bangor City limits.
B. The following vehicles are exempt from the provisions of this Chapter except as
otherwise indicated herein.
1. Limousines.
2. Buses.
3. Courtesy vehicles.
4. Livery operators which hold a current interstate operating authority from the Federal
Motor Carrier Safety Administration and the liveries covered by such interstate
operating authority.
5. Vehicles used solely in connection with transportation for funerals.
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6. Vehicles being used to conduct prearranged rides on behalf of a transportation
network company by a transportation network company driver, as defined in 24-A
M.R.S § 7302.
C. No livery or limousine shall operate as a taxicab nor accept passengers on a "hail" or
walk-up basis.
§ 278-3. Permitted For -Hire vehicles.
No person shall operate or cause to be operated any vehicle transporting passengers for hire
unless they are operating a licensed taxicab or livery, or a vehicle qualifying as exempt under §
278-2(B).
§ 278-4. Licenses Required.
A. It shall be unlawful for any person to operate or cause to be operated in the City of
Bangor any taxicab or livery unless such taxicab or livery is covered by a business
license provided for by § 278-5 of this chapter; provided, nevertheless, that it shall not
be deemed to be the operation of a taxicab or livery or the causing of a taxicab or livery
to be operated within the meaning of this chapter if an owner licensed to operate a
taxicab or livery in any municipality which grants the same rights as are granted herein
to taxicabs and liveries licensed in the City of Bangor shall, upon previous call therefore,
take a passenger or passengers from Bangor to the City in which such taxicab or livery
is licensed or to Bangor from the City in which such taxicab or livery is licensed.
B. Business license. Each taxicab or livery business, whether an individual, corporation,
d/b/a, limited liability corporation, partnership, or other legal entity, shall obtain a
taxicab or livery license from the City Clerk's office prior to permitting the operation of
any taxicab or livery vehicles in the city. A taxicab or livery business license shall be
obtained which covers all vehicles which will be used under the license. There shall be a
fee for each vehicle listed on the business license in accordance with Chapter 109 of this
Code. Only those vehicles listed on the business license may be used by the licensee as
a taxicab or livery in the city. Vehicles can only be used for one purpose, i.e. either a
taxicab or livery, and can only be listed on one license, either a taxicab business license
or a livery business license.
C. Driver's license. No person shall operate a taxicab or livery, whether or not carrying
passengers, within the city unless such taxicab or livery is covered by a taxicab or livery
business license and the driver thereof is currently licensed by the city to operate a
taxicab or livery; except when a taxicab or livery is clearly marked on at least one door
per side of the vehicle with a magnetic "out of service" sign with letters no less than 2.5
inches in height, an unlicensed driver may operate the taxicab or livery for the following
purposes:
(1) A mechanic operating the vehicle for the purpose of diagnosing a problem or testing
to assure that a mechanical issue is resolved.
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(2) Any individual operating the vehicle for the purpose of moving it between locations
while not in operation as a taxicab or livery.
D. Licenses non -transferable. Licenses issued hereunder are not transferable.
§ 278-5. Taxicab or Livery Business License.
A. A taxicab or livery business license shall be issued upon compliance with the following:
(1) Applicants shall obtain and complete application forms from the City Clerk's Office.
(2) Every application shall be signed and verified by each of the principal officers of the
applicant if the applicant is a corporation, and in all other cases by all persons having
an actual ownership interest in the applicant. All applications shall state the name,
address, and phone number of every person having management authority in the
business of the applicant.
(3) Applicant shall provide a comprehensive list including the make, model, passenger
capacity, year, vehicle identification number (VIN), taxicab or livery identification
number and license plate number of each vehicle which is to be covered by the
taxicab or livery business license.
(4) Applicants for a taxicab business license shall obtain from the Sealer of Weights and
Measures, at their own cost, a written statement that the taximeter installed in each
taxicab for which the taxicab business license is sought complies with the
requirements of Subsection B, below.
(5) Applicants shall obtain from the Chief of Police, or his or her designee, a written
statement that an inspection has been made of each taxicab or livery for which the
taxicab or livery business license is sought and each taxicab or livery has been found
to be safe and suitable for taxicab or livery service in accordance with Subsection D,
below.
(6) Applicant shall submit to the City Clerk the applicable items listed in Subsection A(1)
through (5) above, the nonrefundable annual fee for a taxicab or livery business
license as provided for in § 278-4(B), a valid State of Maine motor vehicle
registration certificate for each vehicle listed in Subsection (3), and certificate(s) of
insurance from a reputable insurance agency stating that the vehicles for which the
taxicab or livery business license is sought -is are insured in accordance with
Subsection E, below and listing the City of Bangor as an additional insured.
(7) A person or business may obtain both a livery and taxicab business license, but there
must be a separate application form and fee for each such license. A vehicle may not
be licensed nor used as both a taxicab and a livery.
B. Taximeters. Every taxicab shall be equipped with a taximeter tested, approved and
sealed by the Sealer of Weights and Measures which accurately calculates no more than
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the maximum rates of fare hereinafter set forth and mileage by means of clear and
distinct figures which are electronically illuminated during the period between sunset
and sunrise, and which clearly indicates the type of fare being charged, mileage and/or
time. The taximeter shall be placed so that the figures are in plain view of all
passengers. The taximeter shall be permanently affixed to the taxicab and sealed by the
Sealer of Weights and Measures. It shall be the responsibility of the owner to submit his
or her taxicab or taxicabs for inspection to the Sealer of Weights and Measures. If, upon
inspection of the taximeter, the Sealer of Weights and Measures determines that the
taximeter meets the requirements of this section, he or she shall issue a statement
stating that the taximeter complies with the requirements of this section.
C. Updates. It is the responsibility of the applicant to update, in the City Clerk's office, the
list of vehicles covered by the taxicab or livery business license throughout the year if
any vehicles are removed from or added to the taxicab or livery business fleet. A fee will
be charged for each vehicle added in accordance with Chapter 109 of this Code. The
City Clerk must be notified of a vehicle being added to the fleet within 15 days of
completing the taxicab or livery inspection, and before the vehicle is put in service. It is
also the responsibility of the applicant to update, in the City Clerk's office, the list of
licensed drivers operating their taxicabs or liveries throughout the year if drivers are
hired or no longer employed by the taxicab or livery business licensee; notification must
be provided within 15 days of the driver being hired or employment terminating and
before the driver begins operating a taxicab or livery, and must include the driver's
current address and telephone number. Failure to update the list shall result in the
automatic suspension of the taxicab or livery business license until the list is updated
and a reinstatement fee of as set out in Chapter 109 of this Code is paid.
D. Inspection of Taxicabs and Livery.
(1) Frequency. The Chief of Police, or his or her authorized agent, shall have the
authority to inspect, or cause to be inspected, any and all taxicabs and liveries so as
to ensure that any taxicab or livery is safe and suitable for taxicab or livery service
as follows:
(a) Prior to issuance of any new taxicab or livery business license;
(b) Once each calendar year prior to the renewal of any existing taxicab or livery
business license;
(c) Prior to adding a taxicab or livery to a taxicab or livery business license; and
(d) At any other time, at the discretion of the Chief of Police or his or her authorized
agent.
(2) Scope. During any taxicab or livery inspection, the Chief of Police or his or her
authorized agent shall inspect each taxicab or livery and find that such vehicle:
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(a) Has a valid State of Maine motor vehicle registration certificate;
(b) Has a valid State of Maine inspection sticker placed on the windshield in
accordance with state law issued the same month or the month immediately
preceding the inspection by the Chief of Police, or his or her designee;
(c) In the case of a taxicab, is equipped with a sealed taximeter placed in
accordance with Subsection B of this section;
(d) Meets the identifying lights and identifying markings requirements of § 278-58 of
this chapter;
(e) In the case of a taxicab, meets the fare markings requirements of § 278-9 of this
chapter;
(f) Has a "No Smoking" sign clearly visible on all passenger windows inside the
taxicab or livery.
(g) Is in a clean and sanitary condition, inside and out, with no unsightly soil spots;
(h) In all other respects is safe and suitable for taxicab or livery service;
(i) Complies with the following standards:
[1] No dents larger than six inches in diameter.
[2] No missing or hanging mirrors, trim or body work.
[3] No cracks in the windshield or windows.
[4] No missing hubcaps.
[5] No visible primer paint.
[6] All original and replacement parts and components of the vehicle are similar
in appearance and are of the same color or design.
[7] No rust greater than one inch in diameter.
[8] No loose trash or large amounts of dirt or sand in the interior passenger
area, whether or not the area is currently occupied by a passenger.
[9] No visible tears in carpeting or seat upholstery.
[10] No unpleasant odors or strong fragrances inside.
[11] Seat belts for all passenger seats visible and in working order.
[12] Two operating doors affording direct entrance and exit to and from the
passenger compartment.
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(j) A taxicab or livery shall at all times be maintained in compliance with the laws of
the State of Maine relating to passenger vehicles and the rules and regulations of
the State Commissioner of Transportation enacted pursuant thereto.
(3) The City Clerk shall issue a nontransferable Bangor Taxicab or Bangor Livery
inspection sticker to each taxicab or livery inspected under this section, valid for one
year from the date of issue, unless the vehicle is added to a taxicab or livery
business license after the initial date of issuance of said license, in which case the
vehicle inspection sticker will expire upon expiration of the taxicab or livery business
license. All taxicabs and liveries operating in the City of Bangor shall display said
stickers in accordance with § 278-8.
E. Insurance. Each taxicab or livery shall be insured for the period over which the taxicab
or livery business license is to remain in force, insuring persons and property from
liability for injuries and damages resulting from the use and operation of such taxicab or
livery. Such insurance policy or coverage shall be issued in an amount or amounts
sufficient to meet state law requirements.
F. Termination and Expiration of taxicab or livery business license. Unless revoked or
suspended under §§ 278-15 or 278-16 of this chapter, each taxicab and livery business
license shall expire on the 15th day of May next after the date of issuance; provided,
however, that any new application filed between May 1 and May 15 and approved shall
be valid until May 15 of the following year.
G. It shall be a violation of this article for any taxicab or livery business, or the owner
thereof, to allow any person not holding a valid City of Bangor taxicab or livery driver's
license to operate a taxicab or livery licensed as part of their fleet, unless under the
conditions specified in § 278-4(C).
§ 278-6. Driver and vehicle lists.
A. Every dispatch center shall, on the first day of January and July of each year, file with
the City Clerk a current list of all taxicab and livery companies and owners for whom the
dispatch center provides dispatching services.
B. Every taxicab or livery company or owner shall, on the first day of January and July of
each year, file with the City Clerk a current list of its taxicab and livery drivers.
C. Every taxicab or livery company or owner shall, on the first day of January and July of
each year, file with the City Clerk a current list of its taxicabs or liveries, including the
make, model, passenger capacity, year, vehicle identification number (VIN), taxicab or
livery identification number as required by § 278-8(D) and license plate number of each
vehicle which is covered by the taxicab or livery business license.
§ 278-7. Taxicab or livery driver's license.
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It shall be unlawful for any person to operate any taxicab or livery for hire without first
obtaining a taxicab or livery driver's license.
A. Fees. If a person has not previously held a City of Bangor taxicab or livery driver's
license or if a person is renewing an existing license after the 15" of the month in which
such license shall expire the nonrefundable new/late licensing fee shall be as set forth in
Chapter 109 of this Code. Any person renewing an existing taxicab or livery driver's
license between the 1st and 15th of the month in which such license shall expire be
charged a nonrefundable renewal fee as set forth in Chapter 109 of this Code. All
taxicab or livery driver's licenses shall expire annually on the last day of the month in
which the license was issued except that any license renewed within 3 months following
the expiration of the license will expire the following year on the last day of the month in
which the expired license was issued. Any license renewed more than 3 months after its
expiration will be treated as a first time license.
B. Application and issuance.
(1) An application for a taxicab or livery driver's license shall be made upon forms
furnished by the City Clerk and shall be signed in front of the City Clerk by the
applicant. The application shall require the applicant to set out the following
information:
(a) That the applicant is 18 years of age or older.
(b) That the applicant has held a valid driver's license for more than two years.
(c) Current contact information, including home and work address, and home, work
and cell telephone numbers, and e-mail address if available.
(d) Maine Driver's License number.
(e) List of all states in which the applicant has resided over the past 7 years.
(f) List of all criminal convictions from any and all jurisdictions, not including
convictions for crimes committed as a juvenile.
(g) Whether any driver's license held by the applicant is presently revoked or has
been revoked during the three (3) years preceding the application and the
reasons for such revocation(s).
(h) Applicant's signature certifying that all information provided is complete and
accurate and that they understand the taxicab and livery driver rules.
(i) Any other information requested by the City Clerk, Chief of Police, or City
Council.
(2) Before such license shall be issued by the City Clerk, the application must be
approved by the Chief of Police, or his or her designee, and the applicant must:
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(a) Present a valid State of Maine driver's license.
(b) Demonstrate to the City Clerk that he or she can read, write and speak the
English language.
(c) Present the taxicab or livery driver's license to be renewed, if renewal is sought.
(d) Pay the nonrefundable annual fee for a taxicab driver's license as required under
§ 278-7(A) above.
(e) In the case of a new application, have his or her photograph taken at a place,
time and date designated by the Chief of Police, or his or her designee, for City
photo identification to be displayed as provided in Subsection D, below. In the
case of a renewal application, the applicant must present their City photo
identification.
(f) Demonstrate to the Chief of Police, or his or her designee, that the applicant is
competent to operate a motor vehicle safely and in accordance with all
applicable traffic laws and ordinances. In determining whether the applicant is
competent to operate a motor vehicle safely and in accordance with law, the
Chief of Police, or his or her designee, shall consider factors including but not
limited to whether the applicant has any of the following:
[1] Three or more convictions for motor vehicle violations within the past 3
years.
[2] One or more major moving violations within the past 3 years, including but
not limited to attempting to evade the police, reckless driving or driving on a
suspended or revoked license.
(g) Satisfy the Chief of Police, or his or her designee, that the applicant is at present
of such good moral character that the applicant can be trusted with the safe care
and custody of taxicab passengers. In determining whether the applicant is of
"good moral character," the Chief of Police, or his or her designee, shall consider
factors including, but not limited to, the following:
[1] Whether the applicant has been convicted at any time of murder,
manslaughter, or a Class A, B, or C crime against a person;
[2] Whether the applicant has been convicted within the past 7 years of
operating under the influence of drugs or alcohol, fraud, a sexual offense,
use of a motor vehicle to commit a felony, a crime involving property damage
or theft, an act of violence or an act of terror, a drug-related crime, criminal
threatening, or harassment; and
[3] Whether the applicant made any false statement or omission on the
application or in the course of the application process.
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(h) No license will be issued until the results of the State Bureau of Investigation
(SBI) criminal background check are received and found to be acceptable by the
Chief of Police, or his or her designee.
(i) Have no outstanding warrants of arrest in Maine or any other jurisdiction; and
(j) Not be a convicted sex offender who is required to register as a sex offender
within the State of Maine or is on the national sex offender registry.
(k) Failure to meet any of the requirements in Subsection (a) -(j) shall be grounds for
denial of a taxicab or livery driver's license.
C. Identification tag. Upon the issuance of the taxicab or livery driver's license, the Chief of
Police, or his or her designee, shall also deliver to the licensee an identification tag
containing the applicant's photograph. The identification tag shall be worn in a
conspicuous place on the licensee's uniform at all times while operating a taxicab within
the City of Bangor. Failure to display the identification tag in a conspicuous place at all
times constitutes ground for license revocation.
D. Expiration of taxicab or livery driver's license. Unless suspended or revoked under this
chapter, all taxicab and livery driver's licenses shall expire annually on the last day of the
month in which the license was issued. Any license renewed within 3 months following
the expiration of the license will expire the following year on the last day of the month in
which the license was originally issued. Any license renewed more than 3 months after
its expiration will be treated as a first time license.
E. Record of denial. The City Clerk shall make and keep a written record of every decision
to deny an application for a taxicab driver's license. Records of denial shall be kept for
three years from the date of denial.
§ 278-8. Identification of taxicabs and liveries.
A. Name and logo. Every taxicab and livery shall have the name of the owner or the
owner's dispatch center or trade name and, in the case of a taxicab, the word "taxicab"
or "taxi" or "cab," or in the case of a livery, the word "livery" permanently placed on the
exterior of one door on each side of the vehicle, or in the case of livery said doors or
each rear fender of the vehicle, in letters at least 2 inches high. In lieu thereof, a logo or
monogram, approved by the Chief of Police, or his or her designee, containing the same
information and being not less than eight inches in diameter, shall be permanently
placed on one door on each side of the taxicab or livery.
B. Lights. In addition to the outside lights required by law, all taxicabs shall be equipped
with an identifying light attached to the top of each taxicab. Such identifying light shall
be constructed in one unit consisting of an illuminated plate or cylinder upon which is
printed the word "taxicab" or "taxi" or "cab" or the name of the taxicab business. The
overall dimensions of such identity light shall not exceed eight inches in height and 23
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inches in length. Other than the outside lights required by law, a livery vehicle is
prohibited from having an exterior light.
C. Identification sticker. Every taxicab or livery inspected to operate in the City of Bangor
shall display a valid Bangor taxicab or livery sticker on the front windshield adjacent to
the state inspection sticker.
D. Identification number. Every taxicab or livery licensed to operate in the City of Bangor
shall display their taxicab or livery identification number, on the rear of the vehicle and
on the exterior by the door handles in letters and numbers at least 2 inches high.
Identification numbers must be in numerical order starting with 1 and must be filed and
updated with the City Clerk.
E. Taxicab contact number. Every taxicab licensed to operate in the City of Bangor shall
display a telephone number for the taxicab business or dispatch center on the rear and
each side of the vehicle in numbers at least 2 inches high.
F. Notice to the Public. Every taxicab and livery shall display a card, provided by the City
Clerk's office, in clear view of all passengers, in the passenger compartment, illuminated
between the hours of sunset and sunrise, displaying the following rules and information:
(1) For taxicabs only, maximum fare schedule;
(2) Smoking is prohibited in any taxicab or livery vehicle and failure to comply will result
in a fine;
(3) Taxicab or livery identification number; and
(4) Contact information passengers can use for reporting any violations or misconduct
observed during taxicab or livery transportation.
§ 278-9. Taxicab Rates of fare.
A. Fares to be collected from any taxicab passenger or passengers shall be no greater than
that shown on the taximeter, and no owner or driver shall charge rates to such
passenger or passengers for taxicab services within the limits of the City of Bangor
greater than the following:
(1) For the first 1/6 of a mile or fraction thereof: $2.50
(2) For each 1/6 of a mile or fraction thereafter: $0.35
B. Provided, however, that in addition to the rates of fare permitted under Subsection A(1)
and (2) above, a fare of not more than $0.30 per minute may be charged in the event
that any taxicab is forced, by reason of traffic conditions or other circumstances beyond
the driver's control, to travel at a speed of less than 10 miles per hour for a continuous
period of more than two minutes.
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C. All taxicabs operated under a license granted by the City of Bangor must display the
notice to the public card provided by the City of Bangor, which sets forth the maximum
rates permitted under this chapter, as outlined in § 278-8. Maximum rates, including for
the initial 1/6 mile, for each additional 1/6 mile, and for wait time, shall also be
permanently placed on the exterior of one door or fender on each side of the taxicab in
letters at least 1 inch high.
D. Additional passengers. If there is more than one passenger having the same origin and
destination, each passenger may be charged not more than an equal proportionate part
of the charges shown on the taximeter. At the option of the owner of such taxicab, an
additional charge of not more than $0.25 may be made for each additional passenger
having the same origin and destination as the first passenger. If there is more than one
passenger and the destinations are different, each passenger may be charged not more
than his or her equal proportionate part of the difference between the amount then
shown on the taximeter and the amount shown by the taximeter at the next preceding
stop.
E. Waiting time. If 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 or after
being requested to wait by the passenger, whichever comes sooner, the passenger may
be charged not more than a maximum rate of $20 per hour, or any such fraction
thereof, as 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
the taxicab service, nor for the delay due to the inefficiency of the taxicab or its
operation, nor for mileage or time other than proceeding in the most direct way to the
destination.
F. Hand luggage. Hand luggage shall be carried free of charge.
G. Surcharge. The Bangor City Council may, by order, authorize the levy of a surcharge per
trip in addition to the fare authorized by this section where it determines that such
surcharge is warranted by conditions beyond the control of taxicab drivers and
companies and where such conditions affect the cost of providing taxicab services.
H. No taxicab or livery driver shall engage in barter with a passenger in lieu of the arranged
compensation.
§ 278-10. Record of daily trips.
The owner or licensed operator of a taxicab or livery shall keep daily records of all trips made
by such vehicle, the beginning and end time and place of each trip, and the amount of payment
received, not including any tip or gratuity given voluntarily by the customer. Such records, upon
demand, shall be open to inspection by the City Clerk or any police officer. Said records shall be
kept for a period of not less than three years.
§ 278-11. Taxi stands; soliciting passengers.
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A. Taxi stands. The Chief of Police, or his or her designee, by and with the consent of the
City Manager, is hereby empowered to assign, to each and every licensed taxicab
owner, suitable taxi stand space on public streets and ways.
B. Passenger soliciting. No driver of a taxicab shall solicit any passenger or passengers
within 50 feet of an established taxicab stand except while parked in said stand.
§ 278-12. Conduct of Taxicab and Livery Drivers.
To facilitate the safe, orderly and professional provision of taxicab and livery services, taxicab
and livery drivers are required to follow these guidelines:
A. Cell Phones. Taxicab and livery drivers shall not use their cell phone while transporting a
passenger unless it is an emergency or to receive calls from dispatch or customers.
B. Appearance. Every taxicab or livery driver operating a taxicab or livery that is in service
shall be suitably and professionally dressed, and neat and clean in appearance. No
clothing which is ripped or torn or has a large or unsightly stain is permitted. Gym or
workout shorts or pajama pants are not permitted. Footwear must be closed -toe and
clean.
C. Personal Hygiene: Taxicab and livery drivers will maintain good personal hygiene.
§ 278-13. No Smoking.
A. No person, including but not limited to taxicab and livery operators and passengers, may
smoke in a taxicab or livery at any time, including times when there are no passengers
in the vehicle or when the vehicle is not in operation as a taxicab or livery.
B. Notwithstanding § 278-13(A) above, if allowed under state law, an owner of a taxicab or
livery who is also the sole operator of the taxicab may smoke in the taxicab or livery as
long as he or she does not do so while the vehicle is in operation as a taxicab or livery
or less than an hour before or after the vehicle is in operation as a taxicab or livery.
§ 278-14. Display of licenses.
A copy of the taxicab or livery business license issued for a taxicab or livery must be kept inside
the vehicle. The taxicab or livery driver's license issued to the driver of that taxicab or livery
shall be conspicuously displayed on their person.
§ 278-15. License suspension and revocation.
A. Automatic revocation.
(1) Conviction of a crime. No taxicab or livery driver's license shall be valid for purposes
of this article upon the licensee's conviction of a crime listed in § 278-7(B)(2)(f). It is
the responsibility of the driver and business owner employing said driver to notify
the City Clerk of any such conviction.
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(2) Conviction of motor vehicle violations. No taxicab or livery driver's license shall be
valid for the purposes of this article upon conviction of three or more motor vehicle
violations during a license year, or one major moving violation as defined in § 278-
7(13)(2)(e)[2]. It is the responsibility of the driver and business owner to notify the
City Clerk of any such convictions.
B. Automatic suspension. No taxicab or livery driver's license shall be valid for the purposes
of this article during any period in which the state driver's license of the licensee is
suspended or revoked. It is a violation of this ordinance for a licensee to continue to
operate a taxicab or livery vehicle after suspension or revocation of his or her state
driver's license. It is the responsibility of the driver and business owner employing said
driver to notify the City Clerk of any such suspension or revocation.
C. Grounds for suspension or revocation of driver's license.
In addition to the grounds for denial of a taxicab driver's license set forth in § 278-7(B),
which are also grounds for suspension or revocation of a license, a taxicab or livery
driver's license shall be subject to suspension or revocation upon a determination that
the licensee:
(1) Knowingly took a longer route to his or her destination than was necessary unless so
requested by the passenger, provided that longer routes may be necessary due to
traffic, construction, detours, accidents, weather, road conditions, and other
reasonable factors;
(2) Knowingly conveyed any passenger to a place other than that which the passenger
or paying party specified;
(3) Solicited taxicab or livery passenger business in the manner prohibited by § 278-11;
(4) In the case of a livery driver, picked up or attempted to pick up a passenger on the
street or in a public place, without an agreement arranged in advance for such pick
up; the burden shall be on the livery business or driver licensee to show the
existence of such a pre -arranged agreement;
(5) Transported any person in addition to or other than the passenger first engaging the
taxicab or livery without the express consent of the original passenger;
(6) Drove a taxicab or livery when the licensee was not clean and neat in appearance;
(7) Drove a taxicab or livery that was out of compliance with any of the provisions of
this article when the licensee knew or should have known it was out of compliance;
(8) Refused to transport any orderly person upon request, unless the taxicab or livery
was already engaged, or unless, three or more times in the previous six months, a
person has failed to appear to be transported from the requested address or when
the call for transport was made from the same phone number. Examples of a person
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who is not orderly may include someone who is aggressive, or excessively dirty or
unhygienic. Drivers are not required to assist passengers in entering or exiting their
vehicle;
(9) In the case of a taxicab driver, charged more than the maximum fare specified in
this chapter;
(10) Failed to carry change sufficient to make change for a $20 bill;
(11) Violated the no smoking section of this chapter more than two times within a
twelve-month period.
(12) Removed or obscured any notice or decal required to be posted in the taxicab or
livery by this chapter;
(13) Was convicted of a crime in any jurisdiction; or
(14) Acted in an aggressive, threatening, verbally abusive or disorderly manner while
engaged in taxicab or livery services.
D. Grounds for suspension or revocation of business license.
In addition to the grounds for denial set forth in §278-5, which shall also be grounds for
suspension or revocation of a license, a taxicab or livery business license shall be subject
to suspension or revocation upon a determination that the owner or manager of the
taxicab or livery business:
(1) Caused another person to transport any person in addition to or other than the
passenger first engaging the taxicab or livery without the express consent of the
original passenger;
(2) Caused another person to refuse to transport any orderly person upon request
unless, in the case of business operating a single taxicab or livery, the taxicab or
livery is engaged, or, in the case of a business operating more than one taxicab or
livery, all vehicles were then engaged; or unless, three or more times in the previous
six months, a person has failed to appear to be transported from the requested
address or when the call for transport was made from the same phone number.
Examples of a person who is not orderly may include someone who is aggressive, or
excessively dirty or unhygienic. Drivers are not required to assist passengers in
entering or exiting their vehicle;
(3) In the case of a taxicab business, caused or allowed a passenger to be charged
more than the maximum fare specified in this chapter;
(4) Removed, or obscured, or caused to be removed or obscured from a taxicab or livery
the notice or decal required to be posted in the vehicle by this chapter;
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(5) Knew of a driver's conviction, repeated motor vehicle offenses, or the suspension or
revocation of his or her State of Maine driver's license and failed to notify the City
Clerk of the same as required under § 278-15(A) or (B).
(6) Operated, or any person employed by such licensee operated, a taxicab or livery
without a current and valid taxicab or livery driver's license;
(7) Operated, or any person employed by such licensee operated, a taxicab or livery
which is not covered by a current and valid taxicab or livery business license;
(8) Operated, or any person employed by such licensee operated, a taxicab for which
the telephone number required under § 278-8(E) at any time did not ring through to
a person capable of dispatching a taxicab; provided that the if the number may ring
through to an answering machine or voicemail if the caller is then directed to call a
number that does ring through to a person capable of dispatching a taxicab. This
Section 278-15(D)(8) shall not be grounds for suspension or revocation of a taxicab
or livery business license if the failure to ring through to a person capable of
dispatching a taxicab is due to severe weather conditions or unexpected illness or
injury.
(9) Operated a taxicab or livery business after there had been repeated violations by the
driver(s) employed by the licensee which resulted in three or more suspensions of
the same driver, or five or more suspensions of employees of the licensee, within
any three year period; or
(10) Operated a taxicab or livery business after the taxicabs or liveries covered by the
taxicab or livery business license have collectively been the subject of two or more
violation notices for failure to comply with the standards set forth in § 278-5.
§ 278-16. Suspension and revocation process.
The Board of Appeals may suspend or revoke a taxicab or livery driver's license or taxicab or
livery business license for the grounds listed in § 278-15(C) or (D) according to the following
procedure:
A. The Chief of Police, or his or her designee, shall give notice in writing of the grounds for
suspension or revocation of the license. Said notice shall be directed to the licensee and
the City Clerk.
B. Upon receipt of the notice, the City Clerk shall notify the Chair of the Board of Appeals,
who shall take action to have the matter heard at a regular or special meeting of the
Board of Appeals within 40 days of the City Clerk's receipt of the notice. Before the
hearing, the City Clerk shall notify the licensee, the Board of Appeals members, the
Chief of Police or his or her designee, and any appropriate members of City staff of the
time and place of the hearing.
C. The hearing shall be conducted in accordance with the following:
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(1) The Chief of Police, or his or her designee, shall be heard first to present the
grounds for suspension or revocation of the license. The licensee shall then present
his or her position in response.
(2) All parties shall be given the opportunity to be represented by an attorney or other
spokesperson.
(3) Evidentiary and presentation standards shall be as set in 30-A M.R.S. § 2691,
Subdivision 3D.
(4) A hearing shall not be continued to another time except for good cause.
D. After the hearing, the Board of Appeals may suspend a taxicab or livery driver's license
or taxicab or livery business license for a period of up to one year or revoke said license
if it finds that the grounds for suspension or revocation presented by the Chief of Police,
or his or her designee, were sufficient to warrant suspension or revocation and were
consistent with this chapter, including but not limited to § 278-15. Notice of suspension
or revocation of a taxicab or livery driver's license shall be sent to the driver and to the
business for which the driver works. Notice of suspension of revocation of a taxicab or
livery business license shall be sent to the business.
§ 278-17. Removal of taxicab or livery from service.
A. If a law enforcement officer determines that there is a violation of this Chapter which
poses a threat to the health or safety of passengers, they may order the taxicab or livery
to be removed from service immediately and may remove or order removed from the
vehicle the taxicab or livery inspection sticker. The Chief of Police or his or her
authorized agent shall make him- or herself available for a re -inspection of the vehicle
no more than three business days thereafter. If, upon appeal of the law enforcement
officer's determination that there was a threat to the health or safety of passengers, it is
found that there was no such threat, the inspection sticker shall be replaced at no cost.
B. If a law enforcement officer determines that there is a violation of this Chapter that is
not directly linked to the health or safety of passengers, then the officer may issue a
written order to correct the violation within thirty days; if, after thirty days, the taxicab
or livery does not pass re -inspection, an officer may order the vehicle to be removed
from service. There shall be a fee as set in Chapter 109 of this Code for each re-
inspection of any taxicab or livery ordered removed from service hereunder.
C. A law enforcement officer may immediately order any taxicab or livery that fails to
display the decal required by § 278-8C be removed from service until said decal is
displayed.
D. The Chief of Police or his or her authorized agent, at his or her discretion, may require a
licensee to present a taxicab or livery for inspection.
§ 278-18. Receipt upon demand.
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The driver of any taxicab or livery shall, upon demand by the passenger, render to such
passenger a receipt for the amount paid. Such receipt shall bear the name of the owner, the
name of the driver, the date of transaction and the amount paid.
§ 278-19. Refusal to pay legal fare.
The refusal of any passenger to pay the legal fare as shown on the taximeter of a taxicab shall
be unlawful, and, upon conviction therefor, shall be subject to such penalties provided for in §
278-20 of this chapter.
§ 278-20. Violations and penalties.
Violations of this chapter shall be subject to the penalties of 30-A M.R.S. § 4452. Any such fine
may be in addition to the provisions of this chapter providing for the suspension or revocation
of the taxicab or livery business license and the taxicab or livery driver's license. In the case of
a suspension or revocation, both the license and the right of the licensee to apply for or renew
a license are suspended or revoked. A licensee whose license is revoked cannot apply for a
new/renewal license for one year. If a license is denied, the applicant may not reapply for 6
months thereafter. Suspensions and revocations issued by the Board of Appeals may last up to
one year from the date of suspension or revocation.
§ 278-21. Appeals.
A. Any person aggrieved by a denial by the City Clerk of an application for a taxicab or
livery business license or a taxicab or livery driver's license filed under § 278-5 or 278-7
of this chapter, or removal of a vehicle from service or a violation notice under § 278-17,
may appeal said denial, removal or violation notice to the Board of Appeals, subject to
the following:
(1) Notice of said appeal shall be in writing, shall state briefly the grounds therefor, shall
be directed to the Board of Appeals, and shall be filed with the City Clerk not more
than 15 days after notice of said denial has been received by the applicant. No fee
shall be required for the appeal.
(2) Upon receipt of a notice of appeal, the City Clerk shall immediately notify the Chair
of the Board of Appeals, who shall take action to have it heard at a regular or special
meeting of the Board of Appeals within 40 days of receipt of the notice. Before the
hearing, the City Clerk shall notify the applicant, the Board of Appeals members, and
any appropriate members of City staff of the time and place of the hearing.
(3) The hearing shall be conducted in accordance with the following:
(a) The appellant's case shall be heard first. The City Clerk or other City
representative shall then present the position of the City.
(b) All parties shall be given the opportunity to be represented by an attorney or
other spokesperson.
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(c) Evidentiary and presentation standards shall be as set in 30-A M.R.S. § 2691,
Subdivision 3D.
(d) A hearing shall not be continued to another time except for good cause.
(4) Decisions and notices of decisions shall be rendered in public in accordance with 30-
A M.R.S. § 2691, Subdivision 3E. This decision must be based solely on evidence
presented at the hearing.
B. Further appeals. Any decision of the Board of Appeals pursuant to Subsection A of this
section may be appealed to the Superior Court pursuant to Rule 80B of the Maine Rules
of Civil Procedure.
C. For purposes of this chapter, the procedures outlined in this §278-21 are intended to
entirely supplant the administrative appeals procedure outlined in § 23-3A through E of
this Code; § 23-3F through H shall still apply.
IN CITY COUNCIL
MARCH 28, 2016
FIRST READING 4
9
CITY CLERK
IN CITY COUNCIL
APRIL 11, 2016
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 8-0
COUNCILORS VOTING YES: BALDACCI, DURGIN, GRAHAM, NICHOLS, PERRY,
PLOURDE, SPRAGUE,
COUNCILORS VOTING NO: NEALLEY
PASSED
CITY CLE K