City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bangor 4-11-2016 by Ord. No. 16-124.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Board of Appeals — See Ch. 23, Art. I.
Fees — See Ch. 109.
Vehicles and traffic — See Ch. 291.
[1]
Editor’s Note: This ordinance also repealed former Ch. 278, Taxicabs, adopted as Ch. 14, Art. 1, and amended in its entirety 9-8-1975, as further amended.

§ 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
The period of time commencing on the 16th day of May of one year and expiring on the 15th day of May of the following year.
CITY
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.
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.
LIMOUSINE
Any unmetered luxury vehicle designed to carry no less than five and not more than 14 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 prearrangement, on a reserved hourly or flat rate basis.
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 15 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.
OPERATE
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 chapter 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.
(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.A. § 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 the person is operating a licensed taxicab or livery, or a vehicle qualifying as exempt under § 278-2B.

§ 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 therefor, 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.
(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 nontransferable. 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) 
Applicants 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) 
Applicants 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 § 278-4B, a valid State of Maine motor vehicle registration certificate for each vehicle listed in Subsection A(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 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 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 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:
(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 § 278-8 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.
(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 chapter 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 § 278-4C.

§ 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 § 278-8D 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.

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 15th 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 first and 15th of the month in which such license shall expire shall 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 three 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 three 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 seven 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 years preceding the application and the reasons for such revocation(s).
(h) 
The applicant's signature certifying that all information provided is complete and accurate and that the applicant understands 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:
(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 § 278-7A 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 his/her 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 three years.
[2] 
One or more major moving violations within the past three 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 seven 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;
(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.
(3) 
Failure to meet any of the requirements in Subsection B(2)(a) through (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 three 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 three 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 two 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 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 two 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 two 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.
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 one 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 $21 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 5-23-2016 by Ord. No. 16-184]
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.

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 § 278-13A 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 his/her 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 chapter upon the licensee's conviction of a crime listed in § 278-7(B)(2)(g). It is the responsibility of the driver and business owner employing said driver to notify the City Clerk of any such conviction.
(2) 
Conviction of motor vehicle violations. No taxicab or livery driver's license shall be valid for the purposes of this chapter upon conviction of three or more motor vehicle violations during a license year, or one major moving violation as defined in § 278-7(B)(2)(f)[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 chapter during any period in which the state driver's license of the licensee is suspended or revoked. It is a violation of this chapter 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 § 278-7B, 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 pickup, the burden shall be on the livery business or driver licensee to show the existence of such a prearranged 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 chapter 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 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 twenty-dollar 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;
(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 § 278-15A 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 § 278-8E at any time did not ring through to a person capable of dispatching a taxicab; provided that the number may ring through to an answering machine or voice mail if the caller is then directed to call a number that does ring through to a person capable of dispatching a taxicab. This § 278-15D(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 § 278-15C 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:
(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.A. § 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, he/she 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 reinspection 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 30 days; if, after 30 days, the taxicab or livery does not pass reinspection, 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 reinspection 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.

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.A. § 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 six 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.
(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 § 278-21 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.