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Home My WebLink About2004-01-26 04-69 ORDERltem No. 06-69 Date: 01 -26 -Da Item/Subject: Order, Revoking Ne Taxicab Drivers License of lames Pelkey. Responsible Department: Legal James Pelkey has been charged by the Bangor Police Department vAth possessing a usable amount of marijuana. This item provides for a public hearing f the Council to determine whether Mr. Pelkeys taxicab diners license should be revokes or suspended pursuant to § 278-9B. Department Head Marmgers CoJm�ments: -N (yM-f 6,Rtw McMle�Omu'�'ry �wBQ.w �aau�:xw Bon tQe�ad� I -is '0 al'(ta^1 Co-+ Y*r.a�in.'.p � �%adjo ,ub,re .,Jia (lel iw Lvino h^°"rtwsa'ff&VV City Manager Associated Information: Iru'm.u".\,,,,„ $gn0„d ejp BudgetApproval: Finance Director I�W.�I� N�"� Fr11��t• _First Reading Page _of— Referral AWpWwQunCiW Mreeue jauuaa 26. 3004 �c CITY OF BANGOR (TITLE.) ORDER, Revoking Me Taxicab Drivers License of lames Pelkey. Byft0lyahversof Me 0l y o/Avga: ORDERED, THAT Ager pubilc hearing and pursuant M § 2J 9h, Me CotmV or the City of Bangor hereby concludes Mat lames Mkey is not of goof meal character for Me purposes of § 27"13 (so as to be trusted with Me safe care and a lwly of passeaners) as required by Me City of hangars tadcab ordinance and thereMre revokes his bxicab drivers license, effecitve hnmediately. j IN CssP COUNCIL January 26, 2004 Motion Made and seconded to Postpone to the Dent Regularly Cowell Meeting (Feb. 9) Postponed iii ID CITY COUNCIL February 9, 2006 MOHw Made and Seconded to Postpone Datil the Dut Regularly Scheduled Cowcil Meeting (02/23/20(4) Postpomd I CLg� ID MIT COUNCIL Febrmry 23. 2006 Motion Made and Seconded to Postpone Until the Suet Regularly Scheduled Cowca Meeting (03/10/04) Postponed �nl DAgPPfY CI'I[ CLgIR � IM CITY COUNCIL March 10. 2006 Motion Mede and Seconded for Passage Motion Made and Seconded to Indefinitely Postpone Iudefinitel osrponed C ORDER (TITLE,) Revoking the Taxicab Driver's I. License of Samec Polley Assigned CounCRor (YJLhI v Memorandum W-69 To: Bangor City Council Fmm: John Hamer, Assistant City Solicitor Subjecn Be vocationforspearsion ofTaniwb License Dore: 26 January 2004 A taxicab driver, James Pelkey, licensed by the City now the taxicab ordinance, has been charged with possession of a controlled substance by the Bangor Police Department. (See attached report- the charges age= Kevin Wood have been dropped and no charges were filed against Kathy Smith.) Based on this charge, the Bangor Police Department recommends that the City revoke his taxicab driver's license. The taxicab ordinance, § 278-9B, authorizes the City Council to revoke taxicab driver's licenses, after public hearing, ifthe Council finds that. (I) The licensee bas been convicted of a moving violation while operating a taxicab containing a passenger; (2) The licensee has consistently failed to wear the badge issued to him or her, as required under § 2784B of this chapter; (3) The licensee has consistently failed to display his or her taxicab driver's license as required by § 2784 of this chapter; or (4) The licensee no longer complies with the standards contained in § 2784A of this chapter. Section 278-4A raluires that each taxicab driver (I) Demonstrate to the City Clerk that he or she can fluently read, write and speak the English language; (2) Present a valid State of Maine drivels license; (3) Present a valid letter from a reputable physician staling (bat (he applicant has no physical or mental condition which would affect his or her ability to function as a taxicab driver and thereby impair the safety of himself, herself or that of his or her passengers; however, this requirement may be waived at the discretion of the Chief of Police; (4) Present sufficient evidence that be or she is at east 18 years of age; (5) Have his or her photograph taken at a place, time and date designated by the City Clerk; 11 0"9 On December 25, 2003 at about 11:30 PM Officer Dennis Townsend, while on routine patrol, noticed Wee taxicabs parked adjacent to the Sandell Tavern. He noted that two ofthe cabs were empty and the third had hoar individuals in it. Upon investigation Officer Townsend detected the odor marijuana coming fiom the occupied cab. A subsequent search revealed that the driver,James Pelkey, had in his possession a partially banned marijuana cigarette and a haggle containing a small amount of marijuana An occupant, Kevin Wood, had in his possession some hydrocodone pills that was not in a prescription bottle. Kevin Wood was the operator of one ofthe unoccupied cabs. One of theotherpassengers,Kathy Smith,wre eopemtoioftheothervacantcab. Altthreeindividuals were working far A-1 Taxi at the fire. James Peley, DOB Militia, and Kevin Wood both hold taxicab licenses which are valid through June 30, 2004. Pelkey has been charged with the civil violation of possessing a usable Dant ofmazijuam, and Wood was inifially charged with class D possession of a schedule"W" drug. Thechargeagainst Mr. Woodw subsequentlydismissedwhenheproducedpmofofa prescription for hydrocodone. Smith was not charged with any crime. Based on the circumstances surrounding this incident I recommend that Pelkey a taxicab licenses be revoked. Panama to City Ordinance the Council must take this nfion. Asst. City Solicitor John Hamer bas been briefed on this nismar and I understand he may be making arrangements to gel this on the appropriate agenda. Cc: Bob Parma, Asst. City Manager John Hamer, Ass[. City Solicitor Lt. Ron Gastia 35 Coss Stam Bangor Police Department Bangor. Mvne Me01 207-W-938I,fteMo Pu2m'MStigN TO: Rd Ramat; City Manager FR: Don Winslow, Police Chief DT December31,2003 RE: Revocation ofTaxicab License On December 25, 2003 at about 11:30 PM Officer Dennis Townsend, while on routine patrol, noticed Wee taxicabs parked adjacent to the Sandell Tavern. He noted that two ofthe cabs were empty and the third had hoar individuals in it. Upon investigation Officer Townsend detected the odor marijuana coming fiom the occupied cab. A subsequent search revealed that the driver,James Pelkey, had in his possession a partially banned marijuana cigarette and a haggle containing a small amount of marijuana An occupant, Kevin Wood, had in his possession some hydrocodone pills that was not in a prescription bottle. Kevin Wood was the operator of one ofthe unoccupied cabs. One of theotherpassengers,Kathy Smith,wre eopemtoioftheothervacantcab. Altthreeindividuals were working far A-1 Taxi at the fire. James Peley, DOB Militia, and Kevin Wood both hold taxicab licenses which are valid through June 30, 2004. Pelkey has been charged with the civil violation of possessing a usable Dant ofmazijuam, and Wood was inifially charged with class D possession of a schedule"W" drug. Thechargeagainst Mr. Woodw subsequentlydismissedwhenheproducedpmofofa prescription for hydrocodone. Smith was not charged with any crime. Based on the circumstances surrounding this incident I recommend that Pelkey a taxicab licenses be revoked. Panama to City Ordinance the Council must take this nfion. Asst. City Solicitor John Hamer bas been briefed on this nismar and I understand he may be making arrangements to gel this on the appropriate agenda. Cc: Bob Parma, Asst. City Manager John Hamer, Ass[. City Solicitor Lt. Ron Gastia (6) Pay the annual license fee of $20; provided, however, [hat the license fee shell be only $10 for any license issued after the first day of April; (7) Demonstrate to the Chief of Police that the applicant is competent In operate a motor vehicle safely and in accordance with all applicable traffic laws and ordinances; and (8) Satisfy the Chief of Police that the applicant is at present of such good moral character that the applicant can be Imsted with the safe care and custody of taxicab passengers. Mr. Pelkey is entitled to a public hearing on the proposed revocation/suspension. The purpose of the hearing is to take testimony regarding whether he remains competent to operate a motor vehicle safely and is of such good moral character such that he can be frosted with the safe care and custody of taxicab passengers. If sufficient evidence is presented in the public hearing to allow a reasonable person to conclude that a taxicab driver is not competent to safely operate a motor vehicle or not of good moral character so as to be trusted with the safe care and custody of passengers, then the Council may either suspend a license for up to ninety (90) days or revoke the license. For convenience, an Order has been drafted for adoption if the Council decides an revoke the license; however, the Council should feel fice to amend by substitution to suspend the license for up to ninety (90) days if revocation is not warranted but some action is appropriate. The third option is to take no action. im ce: Edwards A. Barrett, City Manager Don Winslow, Police Chief Gail Campbell, City Clerk