Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Derived from Ch. 13 of the prior Code. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 209.
[1]
Editor's Note: Original Article I, Motor Buses, which immediately preceded this article, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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
To the Chief of Police
Milton, Delaware
Sir: ________________
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.
Owner's Name
Owner's Address
Name of Maker of Cab
Type or Style of Cab
Year
Factory No.
Horsepower
Seating Capacity
State Motor Vehicle License No. __________________ (for 19)
Method of Lighting and Heating
Exits – Number
Location
Total Number of Cabs to be Operated by Applicant _____
Owner's (Owners') Signature
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.
Name
Address
Date of Approval
(Applicant NOT to fill in)
Proposed by
Name of Company
Name of Official
Application for Driver's Identification Card to
Operate Taxicab in the Town of Milton, Delaware
Important Notice
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.
The following application must be properly filled out in ink in the applicant's own handwriting and all questions therein answered.
Chief of Police
Milton, Delaware
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:
*What is your full name?
*Where do you live?
*How long have you lived in Milton?
*Where were you born?
*Date of Birth
*Have you ever been arrested? If not, answer "NO;" if so, give date, nature of charge and disposition of case:
Dated:
Signature of Applicant
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:
A. 
That such vehicle is covered by insurance against public liability and property damage, in the following minimum:
(1) 
Injury to or death of one person: $10,000;
(2) 
Injury to or death of more than one person resulting from one accident: $50,000;
(3) 
Injury to or destruction of property: $5,000;
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
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.