[HISTORY: Adopted by the City Council of the City of Fitchburg 4-2-1996
by Ord. No. 88-96. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Licensing Board established by § 120-13 of the Code of the City of Fitchburg.
The City of Fitchburg.
Every individual, general or limited partnership, corporation, firm,
association or group.
Includes any vehicle used to carry passengers for hire but not operating
on a fixed route.
A.Â
The Licensing Board shall be the sole authority for issuing,
revoking or suspending taxi licenses within the City and subject to the ordinances
of the City for regulating the conduct and businesses of licensees.
B.Â
It shall be unlawful to engage in the business of operating
a taxi in the City without having a license therefor.
C.Â
The Board shall issue a taxi license only to persons
of good character with sufficient liability or indemnity policies or other
assurance of financial responsibility for the protection of persons or property
potentially injured by the operation of the taxi.
The Board may adopt reasonable regulations to carry out the responsibilities
imposed by this chapter, including regulations which:
A.Â
Prescribe the form and contents for applications.
B.Â
Establish the procedure for the conduct of any hearings
for the issuance, termination or suspension of licenses.
C.Â
Set forth the standards and frequency for regular inspection
of all vehicles licensed as taxis.
D.Â
Set up a system for inspecting the taxis and a system
for appropriate certification that such inspections have been performed.
E.Â
Terminate licenses for good cause, prohibit the use of
unsafe vehicles and regulate the conduct of licensees and the taxi business
to protect the public health and safety.
No person shall operate a taxi unless duly licensed by the commonwealth
to drive a motor vehicle. It shall be unlawful for any driver of a taxi while
on duty to drink any intoxicating liquor or to operate the taxi while under
the influence or effect of intoxicating liquor or any drug which impairs or
tend to impair the ability to drive.
The Board shall issue licenses in an amount not to exceed in the aggregate
one vehicle for each 1,000 persons, or fraction thereof, as determined by
the last preceding federal census.
A.Â
Any person violating any provisions of this chapter or
any regulation of the Licensing Board shall be fined an amount not to exceed
$300. Each day such violation is committed or permitted to continue shall
be considered as a separate offense and shall be punishable as such.
B.Â
The Board shall have jurisdiction to enforce the provisions
of this chapter and may in its discretion deem any violation of this chapter
or any of its regulations as a noncriminal offense within the meaning of MGL
c. 40, § 21D. The fines imposed for such violation shall be $100
for the first offense, $200 for the second offense, $300 for the third offense.
When treating a matter as a noncriminal violation, the Board in its discretion
may, in lieu of imposing a fine for the first offense, issue a warning notice
to the offender.
C.Â
The Board shall, in its discretion, seek injunctive relief
in an appropriate court to restrain violation of this chapter and its regulations.
All regulations of the Board of License Commissioners shall be duly
adopted at meetings thereof. Notice of the meeting shall clearly describe
the subject matter of the proposed regulation. All regulations when adopted
shall be filed in the office of the City Clerk.
If any provision of this chapter is declared invalid, the other provisions
shall not be affected thereby but shall continue in full force and effect.
