City of Bangor, ME
Penobscot County
[HISTORY: Adopted by the City Council of the City of Bangor as Ch. IV, Art. 1; amended in its entirety 9-8-1975. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 291.

§ 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:
CITY COUNCIL
The City Council of the City of Bangor as established by Article II of the Charter of the City of Bangor.
DISPATCH CENTER
Any person, firm, association, partnership or corporation that provides dispatching services to owners of taxicab licenses in the City of Bangor.
[Added 3-14-2001 by Ord. No. 01-142]
DRIVER
Any person who is engaged in the driving of a taxicab for hire.
HOLDER
The person, firm, association, partnership or corporation to whom or to which a certificate of public convenience and necessity has been granted.
OWNER
The person, firm, association, partnership or corporation to whom or to which a taxicab license has been issued.
TAXICAB
A motor vehicle used for the conveyance of passengers for hire, having a seating capacity of nine passengers or fewer, including the driver, operated on call and demand, without fixed routes or termini, the destination and route of which are under the control of the passenger or passengers being carried therein, the fares for which are at rates per mile or wait time, or both.
[Amended 5-27-2009 by Ord. No. 09-155]
TAXICAB LICENSE YEAR
The period of time commencing on the first day of June of one year and expiring on the 31st day of May of the following year.
TAXIMETER
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.

§ 278-2 License required.

It shall be unlawful for any owner to operate or cause to be operated in the City of Bangor any taxicab without having first obtained a taxicab license provided for by § 278-3 of this chapter; provided, nevertheless, that it shall not be deemed to be the operation of a taxicab or the causing of a taxicab to be operated within the meaning of this chapter if:
A. 
An owner licensed to operate a taxicab in any municipality which grants the same rights as are 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 owner licensed to operate a taxicab in any municipality which grants the same rights as are granted herein to taxicabs 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 or passengers from said point of delivery in Bangor to said City where his or her taxicab is licensed without parking, standing or cruising in Bangor to obtain said passenger or passengers.[1]
[1]:
Editor's Note: Former Sec. 3, which immediately followed this section, was repealed 9-9-1985 by Ord. No. 85-300.

§ 278-3 Taxicab license.

[Amended 2-23-1976; 4-11-1983 by Ord. No. 83-114; 9-9-1985 by Ord. No. 85-300]
A. 
A taxicab license shall be issued for each taxicab upon compliance with the following:
[Amended 9-14-1998 by Ord. No. 98-339; 5-9-2005 by Ord. No. 05-123; 6-13-2005 by Ord. No. 05-168]
(1) 
Applicants shall obtain application forms from the Bangor Police Department.
(2) 
Applicants shall obtain from the Sealer of Weights and Measures, at their own cost, a written statement that the taximeter installed in the taxicab for which the taxicab license is sought complies with the requirements of Subsection B, below.
(3) 
Applicants shall obtain from the Chief of Police, or his or her designee, a written statement that an inspection has been made of the taxicab for which the taxicab license is sought and the taxicab has been found to be safe and suitable for taxicab service in accordance with Subsection C, below.
(4) 
Applicants shall submit to the City Clerk the items listed in Subsection A(1) through (3) above, the nonrefundable annual fee for a taxicab license as provided in § 85-4, and proof of insurance from a reputable insurance agency stating that the taxicab for which the taxicab license is sought is insured in accordance with Subsection D, below.
B. 
Taximeters. On and after March 8, 1976, every taxicab shall be equipped with a taximeter tested, approved and sealed by the Sealer of Weights and Measures and which shall accurately represent the distance traveled by said taxicab. Said taximeter shall be adjusted to accurately calculate no more than the maximum rates of fare hereinafter set forth, shall show the fare in clear and distinct figures and shall clearly indicate the type of fare being charged, mileage and/or time. The taximeter shall be placed so 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. 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 whenever required by this chapter or by direction of the Sealer of Weights and Measures, the Chief of Police or the City Manager. 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. 
Inspection of taxicabs.
[Amended 4-11-1988 by Ord. No. 88-120; 7-23-2001 by Ord. No. 01-271]
(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 so as to ensure that any taxicab is safe and suitable for taxicab service as follows:
(a) 
Prior to the issuance of any new taxicab license;
(b) 
Once each calendar year prior to the renewal of any existing taxicab license; and
(c) 
Randomly, at the discretion of the Chief of Police or his or her authorized agent.
(2) 
Scope. During any taxicab inspection, the Chief of Police or his or her authorized agent shall inspect each taxicab and find that such taxicab:
(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;
(c) 
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 § 278-5 of this chapter;
(e) 
Has an emergency brake in good operating condition;
(f) 
Has operable headlights, to include high and low beams;
(g) 
Has operable directional signals;
(h) 
Has operable brake lights;
(i) 
Has tires which comply with existing statutes, rules and regulations relating to State of Maine inspection laws;
(j) 
Is in a clean and sanitary condition;
(k) 
In all other respects is safe and suitable for taxicab service; and
(l) 
Complies with the following standards:
[1] 
No dents larger than six inches in diameter.
[2] 
No missing trim or body work.
[3] 
No cracks in the windshield or windows.
[4] 
No missing hubcaps.
[5] 
No visible primer paint.
[6] 
No rust greater than one inch in diameter.
[7] 
No loose trash or large amounts of dirt or sand in the interior passenger area.
(3) 
The City Clerk shall issue a nontransferable Bangor taxicab sticker to each taxicab licensed under this section, valid for one year from the date of issue. All taxicabs operating in the City of Bangor shall display said stickers in accordance with § 278-5.
D. 
Insurance. Each taxicab shall be insured for the period over which the taxicab 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. Such insurance policy or coverage shall be issued in an amount or amounts sufficient to meet state law requirements.
[Amended 2-10-2003 by Ord. No. 03-54; 5-27-2009 by Ord. No. 09-156]
E. 
Termination and expiration of taxicab license. Unless revoked or suspended under § 278-9A of this chapter, each taxicab license shall expire on the 31st day of May next after the date of issuance; provided, however, that any new application filed between May 1 and May 31 shall be valid until May 31 of the following year.
[Amended 6-13-2005 by Ord. No. 05-168]

§ 278-3.1 Dispatch center list; taxicab company list.

[Added 3-14-2001 by Ord. No. 01-142; amended 6-13-2005 by Ord. No. 05-168]
A. 
Every dispatch center shall, on the first day of January and July of each year, file with the Chief of Police a current list of all owners for whom the dispatch center provides dispatching services.
B. 
Every taxicab company or owner shall, on the first day of January and July of each year, file with the Chief of Police a current list of all of its taxicab drivers.

§ 278-4 Taxicab driver's license.

[Amended 7-24-1978 by Ord. No. 283AF; 4-11-1983 by Ord. No. 83-112; 1-14-1985 by Ord. No. 85-88; 5-9-2005 by Ord. No. 05-123; 6-13-2005 by Ord. No. 05-168]
It shall be unlawful for any person to operate any taxicab for hire without first obtaining a taxicab driver's license.
A. 
New application and issuance. New applications for a taxicab driver's license shall be made upon forms furnished by the City Clerk and shall be signed by the applicant. The application shall require the applicant to set out such information as the City Council may require. Applications for licenses that have expired for more than 30 days shall be considered new applications. Before such license shall be issued by the City Clerk, the application must be approved by the Chief of Police, and the applicant must:
(1) 
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 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 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 he or she is at least 18 years of age.
(5) 
Have his or her photograph taken at a place, time and date designated by the City Clerk for City photo identification to be displayed as provided in Subsection C, below.
(6) 
Pay the nonrefundable annual fee for a taxicab driver's license, which shall be as provided in § 85-4.
(7) 
Demonstrate to the Chief of Police that the applicant is competent to operate a motor vehicle safely and in accordance with all applicable traffic laws and ordinances.
(8) 
Satisfy the Chief of Police 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.
(9) 
Pay a nonrefundable criminal background check fee of $25. This background check will be conducted through the State Bureau of Investigation (SBI). No new license will be issued until the results of the SBI background check are received and found to be acceptable by the Chief of Police.
B. 
Renewal applications and issuance. Renewal applications for a taxicab driver's license shall be made upon forms furnished by the City Clerk and shall be signed by the applicant. The application shall 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 must:
(1) 
Present a valid State of Maine drivers license, City photo identification, and the taxicab license to be renewed.
(2) 
Present a valid letter from a reputable physician stating that the 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.
(3) 
Pay a nonrefundable license fee as provided in § 85-4.
(4) 
Demonstrate to the Chief of Police that the applicant is competent to operate a motor vehicle safely and in accordance with all applicable traffic laws and ordinances.
(5) 
Satisfy the Chief of Police 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.
C. 
Identification tag. Upon the issuance of the taxicab driver's license, the City Clerk 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 driver's license. Unless suspended or revoked under § 278-9B of this chapter, all taxicab driver's licenses will continue in force for one year from the date of issuance.
[Amended 10-24-2011 by Ord. No. 11-304]

§ 278-5 Identification of taxicabs.

[Amended 9-9-1985 by Ord. No. 85-300; 3-14-2001 by Ord. No. 01-142]
A. 
Every taxicab shall have the name of the owner or the owner's dispatch center and the word "taxicab" or "taxi" or "cab" permanently placed on the exterior of one door on each side of the taxicab in letters at least 2 1/2 inches high. In lieu thereof, a logo or monogram containing the owner's or the owner's dispatch center's name or trade name and the word "taxicab" or "taxi" or "cab," being not less than eight inches in diameter, shall be permanently placed on one door on each side of the taxicab.
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 identity 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 owner or the owner's dispatch center. The overall dimensions of such identity light shall not exceed eight inches in height and 23 inches in length.
C. 
Identification sticker. Every taxicab licensed to operate in the City of Bangor shall display a Bangor taxicab sticker on the front windshield adjacent to the state inspection sticker.
[Added 7-23-2001 by Ord. No. 01-271]

§ 278-6 Rates of fares.

[Amended 2-23-1976]
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:
[Amended 10-12-1988 by Ord. No. 88-400; 11-22-1999 by Ord. No. 00-29; 10-12-2005 by Ord. No. 05-294; 3-13-2006 by Ord. No. 06-91; 4-23-2007 by Ord. No. 07-138; 8-11-2008 by Ord. No. 08-269]
(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.
[Amended 8-28-1995 by Ord. No. 95-332; 11-22-1999 by Ord. No. 00-29; 8-11-2008 by Ord. No. 08-269]
C. 
All taxicabs operated under a license granted by the City of Bangor must display the rate card provided by the City of Bangor which sets forth the maximum rates permitted under this chapter. This rate card shall be placed so as to be in full and plain view of the passenger while riding in such taxicab.
[Amended 8-28-1995 by Ord. No. 95-332]
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 charges shown on the taximeter at the first stop, and at each subsequent stop, the remaining passengers each may be charged not more than their 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. However, notwithstanding the above requirements, the additional passenger fare may not be charged to bearers of Greater Bangor Ride Tickets, provided that every passenger boards together and travels to the same destination.
[Amended 7-23-1990 by Ord. No. 90-244; 8-11-2008 by Ord. No. 08-269]
E. 
Waiting time. If, 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 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.
[Amended 1-12-1980; 10-12-2005 by Ord. No. 05-294; 8-11-2008 by Ord. No. 08-269]
F. 
Hand luggage. Hand luggage shall be carried free of charge.
G. 
[1]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.
[Added 10-12-2005 by Ord. No. 05-294]
[1]:
Editor's Note: Former Subsection G, regarding sightseeing taxicabs, was repealed 11-22-1999 by Ord. No. 00-29.
H. 
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 § 278-8 of this chapter.

§ 278-7 Taxi stands; soliciting passengers.

[Amended 6-27-1988 by Ord. No. 88-266]
The Chief of Police, 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.
A. 
Use of hydrant areas. The Chief of Police, in his or her discretion, by and with the consent of the City Manager, is hereby empowered to designate the area in front of any fire hydrant within the fire limits as a taxi stand; 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.
[Amended 9-14-1998 by Ord. No. 98-339]
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.

§ 278-8 Display of licenses and rate card.

Cards issued by the City Clerk upon issuance of a taxicab license, showing the rates of fare, shall be conspicuously displayed in every taxicab so that they can 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 they 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 information contained thereon.

§ 278-9 License suspension and revocation.

[Amended 9-9-1985 by Ord. No. 85-300]
A. 
Revocation 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 that:
(1) 
The rate card or taxicab license has consistently not been on display as required by § 278-8 of this chapter; or
(2) 
Such licensed taxicab has consistently failed to meet the standards required under § 278-3C of this chapter.
B. 
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 not more than 90 days, or revoke, the taxicab driver's license of such licensee if the City Council finds that:
(1) 
The licensee has 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 § 278-4B of this chapter;
(3) 
The licensee has consistently failed to display his or her taxicab driver's license as required by § 278-8 of this chapter; or
(4) 
The licensee no longer complies with the standards contained in § 278-4A of this chapter.

§ 278-10 Passenger privileges.

A. 
Additional passengers. No driver of a taxicab shall carry any person other than the passenger first engaging his or her 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 or she consents to its use by another passenger or passengers. The rate of fare card required to be displayed under § 278-8 of this chapter shall inform the passenger of the above law by stating as follows:
You, as the first passenger in this taxicab, are the one to decide who will ride with you. Unless it is your request or with your consent, this taxicab driver is prohibited by law from accepting additional passengers.
B. 
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 chapter to accept such passenger. Such wrongful refusal or neglect shall be unlawful, and, upon conviction therefor, such driver shall be subject to the penalties provided for in § 278-12 of this chapter.
C. 
Receipt upon demand. The driver of any taxicab 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.

§ 278-11 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 § 278-12 of this chapter.

§ 278-12 Violations and penalties.

[Amended 9-9-1985 by Ord. No. 85-300; 9-14-1998 by Ord. No. 98-339]
Violations of this chapter shall be subject to a fine of not less than $50. Any such fine may be in addition to the provisions of this chapter providing for the suspension or revocation of the taxicab license and the taxicab driver's license.

§ 278-13 Appeals.

[Added 4-9-1984 by Ord. No. 84-129; amended 4-22-2013 by Ord. No. 13-124]
A. 
Any person aggrieved by a denial by the City Clerk of an application for a taxicab license or a taxi driver's license filed under § 278-3 or 278-4 of this chapter may appeal said denial 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.
(c) 
Evidentiary and presentation standards shall be as set in 30-A M.R.S.A. § 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.A. § 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 § 278-13 are intended to entirely supplant the administrative appeals procedures outlined in § 23-3A through E of this Code; § 23-3F through H shall still apply.