[HISTORY: Derived from Ch. 13 of the prior
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 209.
No person shall operate a taxicab or jitney
for the purpose of transporting passengers for hire within the Town
in violation of any state law, this article or any other ordinance
of the Town now in effect or hereafter adopted or amended.
Each person desiring to operate a taxicab or
jitney shall first obtain and maintain in full force and effect a
permit from the Town.
Any person desiring to obtain a permit to operate
a taxicab or jitney shall fill out and submit to the Chief of Police
an application which shall read as follows:
Application for Taxicab Operating Permit
in Milton, Delaware
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To the Chief of Police
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Milton, Delaware
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Sir: ________________
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I _____ hereby make application for _____ permit(s)
to operate taxicab(s) on and over the streets of the Town of Milton,
Delaware, according to the Town ordinance pertaining to taxicabs,
furnish below your required information.
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Owner's Name
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Owner's Address
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Name of Maker of Cab
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Type or Style of Cab
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Year
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Factory No.
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Horsepower
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Seating Capacity
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State Motor Vehicle License No. __________________
(for 19)
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Method of Lighting and Heating
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Exits – Number
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Location
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Total Number of Cabs to be Operated by Applicant
_____
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Owner's (Owners') Signature
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Every driver of a taxicab or jitney shall be
required to have on his person at all times a card which shall give
his name, address, and date of approval of his application.
The following form of application for a driver's
identification card shall be required by the Chief of Police before
issuing a license to operate in Milton:
Card No.
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Name
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Address
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Date of Approval
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(Applicant NOT to fill in)
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Proposed by
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Name of Company
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Name of Official
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Application for Driver's Identification
Card to
Operate Taxicab in the Town of Milton,
Delaware
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Important Notice
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The making of any false statement in the application
may subject the offender to the cancellation of his permit. Detection
of such false statement may result in refusal of permit or, if granted,
taxicab operation cancellation.
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The following application must be properly filled
out in ink in the applicant's own handwriting and all questions therein
answered.
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Chief of Police
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Milton, Delaware
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I hereby make application for a Driver's Identification
Card to operate a taxicab in the Town of Milton in accordance with
your Department's taxicab regulations:
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*What is your full name?
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*Where do you live?
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*How long have you lived in Milton?
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*Where were you born?
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*Date of Birth
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*Have you ever been arrested? If not, answer
"NO;" if so, give date, nature of charge and disposition of case:
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Dated:
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Signature of Applicant
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Any person desiring to obtain a taxicab or jitney
permit must file and thereafter keep and maintain in full force and
effect a certificate of an insurance company authorized to do business
within the state, certifying:
B.
That the policy of such insurance contain in effect
a provision that the issuing company shall notify the Town Council
of its intent to cancel the policy not less than 30 days after such
notice shall have been received by such Council and that policy shall
remain in full force and effect until the expiration of such period;
C.
That the policy contain in effect a provision, in
case execution upon any judgment against the insured in action of
damages arising out of the operation of the vehicle insured is returned
unsatisfied, that an action may then be maintained by the person in
whose favor such execution issued, his executors, administrators,
or assigns against the insurer for the amount of the execution not
exceeding the limits of liability in the policy contained; and
D.
That the insurer may be sued upon the policy at any
time prescribed by the laws of the state within which any such action
may be brought.
A.
A permit issued by the Town shall authorize the holder
thereof to operate the taxicab or jitney therein described for the
purpose of transporting passengers for hire within the Town in conformity
with the laws of the state, this code and the provisions of all other
ordinances of the Town applicable, there now in effect or hereafter
amended or adopted, so long as such permit shall remain uncancelled,
unrevoked, and/or unsuspended and in full force and effect.
B.
No permit may be transferred from one operator to
another or from one vehicle to another.
A.
The Town Clerk may suspend any taxicab for a period
not exceeding 30 days if the holder is convicted of a violation of
the provisions of this article or any law or other ordinance mentioned
herein.
B.
The Department shall revoke any permit if the holder
thereof is found guilty of three violations of any of the provisions
of this article or any law or other ordinance mentioned herein with
a one-year period.
C.
Any such permit thus revoked may only be renewed by
a majority vote of the Council at a regular or special meeting thereof.
Any such suspension or revocation shall be in addition to any other
penalty hereinafter provided for any such violation.
No taxicab or jitney shall be parked or cruised
upon Union Street and Federal Street within the business districts,
except as hereinafter provided:
A.
The Chief of Police shall designate and may, from
time to time, change areas sufficient in size for the parking of taxicabs
and jitneys.
B.
The Town shall provide appropriate markers and signs
clearly defining such area as reserved for such parking of taxicabs
and jitneys.
C.
Any authorized taxicab or jitney may be parked in
such area at any time while awaiting a call.
D.
No taxicab or jitney shall be entitled to be parked
in any particular space of such area, and, if a given operator of
a taxicab or jitney at any given time finds all spaces of such area
filled, he may only park the same at the curb until such time as a
space becomes available in the area.
A.
The holder of any taxicab permit may petition the
Council to establish an exclusive one-space parking stand for a taxicab
or jitney. The Council may grant him permission to establish such
a stand at such times and at such places as the Council, in its discretion,
may designate. Such permission shall specify the location of the taxi
stand and the length of time the taxi stand shall remain in effect.
B.
If permission contemplated by Subsection A is granted, it shall not become effective until the applicant shall have paid to the Town Clerk for the use of the Town the relevant fee as established in the currently effective Town of Milton Fee Schedule. Upon receipt of such sum, the Town shall paint appropriate markings upon the curb and roadbed clearly defining the location and limits of such exclusive standing. The holder of such permission further shall reimburse the Town for the expense of procuring and installing a sign at the curb in front of the stand at least three feet in height from sidewalk level and not more than 18 inches by 24 inches in size reading:
[Amended 9-9-2013 by Ord.
No. 2013-04]
NO PARKING
TAXI STAND
BY ORDER OF
THE COUNCIL
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C.
Any permission to park taxicabs on Federal Street
and Union Street shall remain in effect until December 31 of the calendar
year during which it was first granted and, unless sooner revoked,
may be renewed from year to year by the holder thereof by paying to
the Town Clerk for the use of the Town the relevant fee as established
in the currently effective Town of Milton Fee Schedule at any time
prior to January 5 of each calendar year thereafter.
[Amended 9-9-2013 by Ord.
No. 2013-04]
Each taxicab or jitney operated for the purpose
of transporting passengers for hire within the Town shall have displayed
on the rear, right and left side of the vehicle a sign plainly legible
for a distance of 100 feet, giving the name of the person, firm or
corporation operating the vehicle, and designating that the vehicle
is a taxi or jitney.
No taxicab or jitney operator whose cab or jitney
is standing in a parking area or taxi stand and waiting for business
shall refuse to carry any orderly person applying for a taxi or jitney
who agrees to pay the proper fare.
In the event a penalty is not provided by a
specific section of this article for the offense prohibited therein:
A.
Any person who shall violate the provisions of this
article shall be fined not less than $50 nor more than $500 or both.
[Amended 6-2-1986]
B.
For the purpose of this article, each day that a violation
continues shall be deemed to be a separate offense.
C.
The application of any penalty set forth herein shall
not be held to prevent the enforced removal of any prohibited condition.