This chapter is known as the "Town ordinance to regulate and
license the operation of taxicabs within the Town of Kittery" and
is enacted pursuant to the authority granted to the Town now or hereafter
by general law, including 30-A M.R.S. § 3009. The purpose
of this chapter is to regulate the number and operation of taxicabs
and those operating taxicabs within the Town through a licensing procedure
in order to promote the general welfare and public safety.
The following words and phrases, when used in this chapter,
have the meanings as set out herein unless the context clearly demonstrates
otherwise:
The act or business of picking up person(s) in a taxicab
within the Town for transportation to locations within or outside
the Town. Operation within the Town does not include the discharge
of person(s) from a taxicab within Town, provided the origination
of that person(s)'s trip occurred outside the Town.
A person who operates a taxicab.
A person owning any taxicab used in the taxi business.
A motor vehicle used for transportation of person(s) for
compensation, excluding buses, carpools and vehicles commonly referred
to as "stretch limousines."
The permission or license granted to a person, allowing that
person to operate a taxicab company within the Town, when such license
is required under the terms of this chapter
The permission or license granted to an individual, allowing
that individual to operate a taxicab within the Town, when such license
is required under the terms of this chapter.
The permission or license granted by the Town Council to
the owner of any taxicab used in the taxi business, authorizing said
vehicle to engage in the taxi business.
Except as allowed under § 5.8.9, no person may operate
a taxicab within the Town as defined in § 5.8.2 without
first obtaining all licenses as required by this chapter.
A.
Taxicab operator license. An application for a taxicab operator license
is to be filed with the Town Clerk upon forms provided by the Town
Clerk.
B.
Application for taxicab vehicle license. An application for a taxicab
vehicle license may be filed with the Town Clerk upon forms provided
by the Town Clerk. The application must be verified under oath and
provide the following information:
(1)
The name and address of the owner of the company and vehicle,
together with the address of the business office or principal place
of business to be maintained by the owner within the Town;
(2)
Evidence that the vehicle to be licensed has been inspected
by an inspecting station licensed by the State of Maine, certifying
that the vehicle has passed inspection within 30 days prior to the
date of the application; and
(3)
Adequate proof showing the vehicle to be currently registered
as a taxicab by the State of Maine.
C.
Application for taxicab business license. An application for a taxicab
business license may be filed with the Town Clerk upon forms provided
by the Town Clerk. The application must be verified under oath and
provide the following information:
(1)
The name and address of the owner(s) of the taxicab business,
together with the name and address of the business, the business officer
or principal place of business to be maintained by the owner(s) within
the Town;
(2)
Any prior experience in the transportation of passengers; and
(3)
The number of vehicles to be initially licensed as taxicabs.
A.
Taxicab operator license.
(1)
Upon receipt of a completed application for a taxicab operator
license, the Town Clerk shall forthwith refer the same to the Chief
to verify the information set forth therein and to report on the same
together with the Chief's recommendation to the Town Clerk concerning
the fitness of the applicant to hold a taxicab operator license.
(2)
The report is to be issued to the Town Clerk by the Chief within
seven days. Unless the Chief determines from his/her investigation
that the applicant would not be qualified to hold a taxicab operator
license, the Chief must recommend approval.
(3)
Upon receipt of a completed application and pending receipt of the Chief's report and recommendation, the Town Clerk is to issue a temporary taxicab operator license as provided by Subsection D of this section, which allows the applicant to operate a taxicab until the Town Clerk takes final action to approve or disapprove the application.
(4)
Upon receipt of the report and recommendation from the Chief,
the Town Clerk must approve or deny the application. If approved,
the Town Clerk issues a taxicab operator license for the current year.
(5)
The initial application fee for each license constitutes the
first year's license fee, and said license is in effect for the remainder
of the calendar year in which the license is issued. If the application
is denied, the applicant has a right to appeal to the Town Council,
provided a notice of appeal is filed with the Town Clerk within five
days of the date of denial.
(6)
A timely appeal must be heard by the Town Council within 30
days of the date of appeal. The applicant must be given at least seven
days' notice of the hearing date and be allowed to present whatever
relevant evidence or testimony the applicant desires.
(7)
After hearing, the Town Council may grant or dismiss the appeal.
If the appeal is granted, the Town Clerk is to be directed to issue
the appropriate license. If the appeal is denied, the Town Council
must make written findings of fact and reasons for the denial within
10 days of the date of denial. The applicant has all rights of appeal
to the Superior Court as may be provided by law.
B.
Taxicab business license.
(1)
Upon receipt of a completed application for a taxicab business
license, the Town Clerk is to refer the same to the Town Council to
hold a public hearing to consider the application within 20 days from
its receipt from the Town Clerk. The Town Council must give at least
seven days' prior notice of the hearing to the applicant, who may
present whatever relevant evidence or testimony the applicant desires.
(2)
In deciding to grant or deny the pending application, the Town
Council shall take into consideration the number of taxicabs already
in operation; whether existing taxicab transportation is adequate
to meet the public need; the probable effect of increased service
on local traffic conditions; and the character, experience and responsibility
of the applicant.
(3)
If the Town Council finds that further taxicab service in the
Town is required by the public convenience and necessity and that
the applicant is fit, willing and able to perform such transportation
and conform to all other provisions of this chapter and any regulations
promulgated by the Town Council hereunder, then the Council will direct
the Town Clerk to issue the taxicab license under consideration.
(4)
If the application is denied, the Town Council must make written
findings of fact and reasons for the denial within 10 days of the
date of denial. The applicant has all rights of appeal to the Superior
Court as may be provided by law.
C.
Taxicab vehicle license. Once a taxicab business license is approved by the Town Council, all taxicab vehicle licenses as applied for in Subsection B may be issued by the Town Clerk after review of the taxicab vehicle license application. The Town Clerk may refer the application for a taxicab vehicle license to the Chief to confirm the veracity of the information supplied in the application. No more than five taxicab vehicle licenses are to be issued by the Town Clerk in any calendar year without prior approval of the Town Council.
D.
Temporary license pending application. The Town Clerk may issue up to three taxicab operator licenses to any taxicab business duly licensed under the terms of this chapter. This license allows the holder thereof to operate a taxicab under the terms of this chapter for a period not to exceed three consecutive days. The holder of the temporary taxicab operator license may thereafter apply to the Town Clerk pursuant to Subsection A for a taxicab operator license. The purpose of this temporary license is to allow the operation of a taxicab on a limited temporary basis until the taxicab operator can apply to the Town Clerk for a permanent taxicab license pursuant to the terms of this chapter.
E.
Initial application.
(1)
Each application for a taxicab business license must be accompanied
by a nonrefundable application fee as set out in Appendix A. Each
application for a taxicab vehicle license must be accompanied by a
nonrefundable application fee as set out in Appendix A. Each application
for a taxicab operator license must be accompanied by a nonrefundable
application fee as set out in Appendix A.[1]
[1]
Editor's Note: See § A-11.
(2)
The initial application fee for each license constitute the
first year's license fee, and said license is in effect for the remainder
of the calendar year in which the license is issued.
F.
License renewal.
(1)
Once a taxicab vehicle license or taxicab operator license has been issued by the Town Clerk, a new license for every calendar year thereafter may be issued by the Town Clerk upon payment of the fees as set forth in Subsection E of this section unless the license for the preceding year has been revoked. Said renewal fee must be received by the Town Clerk no later than the 15th day of December of each year immediately preceding the effective year of the renewed license.
(2)
A taxicab business license may be renewed on a yearly basis
by the Town Council pursuant to the same procedure required for the
granting of a taxicab business license.
No taxicab vehicle license may be issued for any taxicab until
proof of liability insurance coverage in an amount at least equal
to the minimum insurance requirements required by the State of Maine
for the operation of a taxicab vehicle has been submitted to the Town
Clerk.
A.
A license issued under the provisions of this chapter may be revoked
or suspended by the Town Council if the holder thereof has: (1) violated
any of the provisions of this chapter; or (2) has violated any ordinances
of the Town or the laws of the United States or the State of Maine,
the violations of which reflect unfavorably on the fitness of the
operator to offer public transportation.
B.
Prior to suspension or revocation, the holder must be given notice
of the proposed action to be taken and have an opportunity to be heard
before the Town Council at the hearing to consider suspension or revocation.
When notice is required to be given to an applicant or holder
of a license issued pursuant to this chapter and notice by mail is
used, the Town Clerk is to use the address set forth in the application
on file. Proof of a certified or registered mailing to said address
creates the presumption of receipt by the applicant on the expiration
of three days from the date of mailing.
In the event that any other municipality permits taxicab vehicles
duly licensed pursuant to this chapter to pick up fares within that
municipality for delivery to destinations outside that municipality,
then Kittery permits taxicab vehicles duly licensed under any ordinance
existing in that municipality to pick up fares from Kittery for delivery
to destinations outside of Kittery without being licensed under the
terms of this chapter. In all other respects, no taxicab may pick
up fares within Kittery unless duly licensed and conforming to the
terms of this chapter.
The Police Department has the primary duly to enforce this chapter. Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3, and any person who violates any of the provisions of this chapter, in addition to said penalty, becomes subject to suspension or revocation of any license issued under this chapter or the right to operate a taxicab within the Town.
The Town Council may promulgate additional regulations governing
the operation of taxicabs and taxicab operators, including regulations
governing the maximum number of taxicab vehicle licenses to be issued
and regulations temporarily or permanently suspending any provisions
of this chapter should Kittery fail to have adequate licensed taxi
vehicles providing service within the Town. Such regulations, when
adopted, have the same force and effect as if set forth as additional
provisions within this chapter.
