City of Melrose, MA Article I General Provisions

§ 222-1 Terminology.

A. Every vehicle used or designed to be used for the conveyance of persons for hire from place to place within the City, except a street or elevated railway car or a trackless trolley vehicle within the meaning of MGL c. 163, § 2, or a motor vehicle operated in the manner and for the purposes set forth in MGL c. 159A, or a vehicle hired for a funeral, shall be deemed to be a hackney carriage within the meaning of this chapter.

B. Unless the context otherwise expressly requires, the words "drive" and "driver" shall be respectively deemed to include "operate" and "operator."

C. A private hackney stand shall be one established only on private property, and a special hackney stand shall be a portion of a public way authorized to be used by the holder of a license granted under § 222-20 for the parking of vehicles to which such license relates.

State law reference — Common carriers generally, MGL c. 159; carriers of passengers by motor vehicles, MGL c. 159A; municipal authority to regulate carriages and vehicles, MGL c. 40, § 22.

§ 222-2 Appeals.

[Added 6-3-1985 by Ord. No. 899; amended 8-21-2017 by Ord. No. 2018-4]

Anyone refused a permit and/or license to operate certain motor vehicles under this chapter may appeal the refusal to grant a permit and/or license by requesting, in writing, a hearing before the licensing authority within 30 days of the refusal.

§ 222-3 Livery service license.

[Amended 6-16-2014 by Ord. No. 2014-108]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

LICENSE/PERMIT AUTHORITY

Melrose City Council.

LIVERY VEHICLE

A passenger car, station wagon, van or limousine used for transporting persons and items in their possession for compensation. A livery vehicle is not marked on its exterior with the livery company name or number. Such vehicle does not operate on a fixed route and is hired by means of a telephone request or contract arranged in advance of the time transportation is needed. A vehicle used solely in connection with transportation for funerals shall not be considered a livery vehicle and shall not be subject to the provisions of this section.

B. Livery service license requirements.

(1) A livery service shall be subject to the provisions of this section if said livery service:

(a) Maintains a place of business within the City of Melrose; and

(b) Advertises, in any format or medium, that it provides livery service within the City of Melrose.

(2) No person or business entity shall, within the City of Melrose, engage in any conduct which would constitute the business of a livery service without a livery service license issued by the Melrose City Council. The livery company licensed hereunder is responsible for the conduct and actions of its drivers while operating vehicles owned by the company.

(3) No vehicle shall be utilized by a livery service unless such vehicle:

(a) Is properly registered in accordance with Massachusetts law;

(b) Is properly insured or bonded in accordance with Massachusetts law or regulations;

(c) Has a valid Massachusetts vehicle inspection sticker; and

(d) Has been issued a livery service license by the Melrose City Council and displays a livery vehicle permit pursuant to this section.

C. Livery service license.

(1) Application process. Each applicant for a livery service license shall make application to the City Clerk's office. Such application form shall contain the applicant's identifying information; the proposed location(s) to be used in the operation of the livery service, including place of garaging; the number and type of vehicles the applicant intends to utilize in connection with the livery service; and a written description of the services to be provided under the license. Each applicant must execute a statement, in writing and under the pains and penalties of perjury, that the applicant owes no back taxes, penalties or interest to the Commonwealth of Massachusetts or the City of Melrose.

(2) Each application must be accompanied by:

(a) An application fee of $100 in the form of a check made payable to the City of Melrose;

(b) A yearly renewal fee of 100; each additional vehicle shall cost an additional $75;

(c) A Criminal Offender Record Information (CORI) request form;

(d) A copy of the current insurance policy for all vehicles; and

(e) A copy of the current registration for all vehicles.

D. Authority of license granting authority. The City Council may, within its discretion, deny, grant, amend or modify a livery service license. If granted, such license shall be subject to such conditions or restrictions as may be imposed by the City Council. The City Council may, for cause and after public hearing, amend or revoke any license that has been granted hereunder.

E. License.

(1) A license granted by the City Council shall be issued by the City Clerk. Such license shall specify the name of the service, effective date of the license, expiration date of the license and the conditions or restrictions as imposed by the City Council, including the place or places of business, place of garaging, the days and hours of service, the manner by which fares are to be determined, the amount and types of vehicles that may be utilized by the service, and any other specific condition imposed by the City Council.

(2) All licenses shall expire at 11:59 p.m. on April 30 of the year following issuance. There shall be no prorating of application/license fees. A license shall be nontransferable. A livery service licensee hereunder may apply to the City Council for modification or amendment of an existing license. Such application shall be submitted upon the standard application form and must be accompanied by an application fee of $100.

(3) A limousine or livery service must be a separate corporation and/or business entity from any other business(es) or taxicab service(s).

F. Mandatory reports: automatic suspension of license. The holder of a license to operate a livery service must, within 24 hours of its occurrence, report, on behalf of his/her livery service, the following to the office of the City Clerk:

(1) The suspension or revocation of a motor vehicle registration certificate for any vehicle utilized by the service;

(2) The cancellation of the service's motor vehicle liability insurance policy or bond; or

(3) Suspension or revocation of the permit holder's Massachusetts motor vehicle operator's license, or the suspension or revocation of the permit holder's license or right to operate in any other state.

G. Suspension of revocation of license. A license to operate or manage a livery service may be suspended or revoked after notice to the holder of such permit and a hearing before the City Council. Suspension or revocation is authorized if the City Council determines, by a preponderance of the evidence, that the license holder:

(1) Has knowingly made a false or inaccurate statement on any record or application required by any of the provisions of this section.

(2) Is, in any jurisdiction, convicted or subject to a finding of sufficient facts for a finding of guilty in regard to any felony offense.

(3) Is, in any jurisdiction, convicted or subject to a finding of guilty in regard to any misdemeanor offense involving assault; assault and battery; threatening; larceny, fraud; prostitution; gaming; illegal sale or distribution of an alcoholic beverage; or a statute or regulation relative to livery services.

(4) Has knowingly permitted the operation of a livery vehicle by a person who is not the holder of a valid license to operate a livery vehicle.

(5) Has permitted a vehicle, without a livery vehicle license, to be utilized for the transportation of passengers of a livery service.

(6) Has knowingly permitted any livery vehicle to be used in the commission or furtherance of any criminal conduct.

(7) Has refused to permit any inspection authorized or required by the provisions of this section.

(8) Has failed to prepare, maintain or file any report, record or notice required by the provisions of this section.

(9) Has engaged in or permitted any conduct that is prohibited by the provisions of this section.

H. Notice of suspension or revocation. Upon the suspension or revocation of a license to operate or manage a livery service, the City Council shall give written notice of such suspension or revocation, and the reason therefor, to the livery service.

I. Display of notice to passengers. Each livery vehicle shall conspicuously display, on a form to be provided by the City Council and in such manner as to be visible to all passengers, the following notice: "This Vehicle Is Owned By: (Name, Address and Phone Number of Livery Service)."

J. Notice and acknowledgement of section. The City Council shall provide each applicant for a license or permit with a copy of this section. Each applicant must acknowledge, in writing, the receipt of the same.

K. Permit to operate a livery vehicle (drivers) (Chief of Police).

(1) Application process. Each application for a permit to operate a livery vehicle shall be accompanied by an application/permit nonrefundable fee of $25, a clear photocopy of the applicant's current active driver's license, a signed CORI request form, and a signed statement, by the holder of a license to operate a livery service, of the intent to hire the applicant.

(2) Background check. Upon receipt of an application, a background check and CORI shall be conducted of the applicant by the Chief of Police or his/her designee to determine if the applicant is subject to any of the conditions requiring a denial of the permit.

(3) Permit to operate a livery vehicle.

(a) No person shall operate a livery vehicle without a valid Massachusetts motor vehicle operator's license and a permit to operate a livery vehicle issued by the Chief of Police or his/her designee. The livery company is responsible for conducting periodic inspections of the driver's Massachusetts motor vehicle operator's license and a permit to operate a livery vehicle. It is the company's responsibility to ensure that drivers have their Massachusetts motor vehicle operator's license and a permit to operate a livery vehicle in their possession while driving a livery.

(b) The holder of a permit to operate a livery vehicle must, within 24 hours of its occurrence, report the following to the City Clerk's office:

[1] Involvement in any motor vehicle accident, whether on or off duty, which resulted in death, bodily injury or property damage exceeding $1,000.

[2] Being arrested, cited or charged with operating under the influence of liquor or drugs, motor vehicle homicide, operating in a race or operating in a negligent or reckless manner, any crime against a person or any felony offense.

[3] Suspension or revocation of the permit holder's Massachusetts motor vehicle operator's license, or the suspension or revocation of the permit holder's license or right to operate a motor vehicle in any other state.

(4) Denial of permit. The Chief of Police or his/her designee may not issue a permit if the applicant is deemed, after an investigation of all facts, including but not limited to the applicant's criminal history, motor vehicle driving history and/or character, to be an unsuitable person to possess such a license.

(5) Issuance and display of permit. An applicant who is not subject to any of the conditions requiring a denial of a permit shall be issued such permit. Such permit must be displayed, in a place visible to any passenger, in a livery vehicle operated by the permit holder.

(6) Suspension or revocation of permit. A permit to operate a livery vehicle may be suspended or revoked after notice to the holder of such permit by the Chief of Police and a hearing before the City Council. Suspension or revocation is authorized if the City Council determines, by a preponderance of the evidence, that the permit holder is deemed, after an investigation of all facts, including but not limited to the applicant's criminal history, motor vehicle driving history and/or character, to be an unsuitable person to possess such a license.

(7) Notice of suspension or revocation of permit. Upon the suspension or revocation of a permit to operate a livery vehicle, the Chief of Police shall give written notice of such suspension or revocation, with the reasons therefor, to the holder of the permit to operate or manage a livery service by which the suspended or revoked person is employed.

(8) Inspection of license and/or permit. The holder of a permit to operate a livery vehicle shall make available, upon demand of any police officer or member of the City Council, his/her Massachusetts driver's license and his/her livery permit. Both of these items are required to be on the person while operating a livery vehicle. The operator of a livery vehicle must permit such officer or member to inspect the vehicle to determine its compliance with the provisions of this section.

L. General provisions.

(1) The owners or drivers of livery car service or livery limousine service shall not solicit passengers on public ways or from hackney stands. Livery service shall not be used as taxicabs and taxicabs shall not be used as livery.

(2) Notification of change of address. A license holder must give written notice of any change of address, by certified mail, to the City Clerk's office.

(3) This section shall not apply to any nonprofit corporation, charitable corporation or any governmental organization.

§ 222-4 Hackney stands.

[Amended 5-21-2012 by Ord. No. 2012-158]

A holder of a hackney license may occupy as a private stand, subject to general provisions of law, private property in the City, if authorized thereto by the owner, lessee or official representative thereof. Subject to the provisions of Chapter 220, Vehicles and Traffic, of this Code, the City Council may designate stands in the public ways which shall be accessible to all licensed hackney carriages, or it may designate such a stand for the use of a particular licensee, in which case the expense of such signs and markings as may be required shall be borne by such licensee in such amount as may be determined by the City Engineer.

§ 222-5 Hours of business.

Every holder of a hackney license shall keep his/her place of business open, with a responsible person in attendance, at all times except between the hours of 1:00 a.m. and 7:00 a.m. and, in case such holder has been authorized to use a private or special hackney stand, shall at such times keep one or more licensed hackney carriages thereon except when all such carriages authorized to be used under his/her license are engaged. Between the hours of 1:00 a.m. and 7:00 a.m. every such licensee shall maintain a telephone connection for emergency calls.

§ 222-6 Fare rate schedule.

[Amended 6-2-1980 by Ord. No. 20671; 12-7-1987 by Ord. No. 1905; 7-16-2001 by Ord. No. 01-223; 10-17-2005 by Ord. No. 06-051; 4-22-2008 by Ord. No. 08-215]

The following maximum rates of fare for the transportation of passengers in hackney carriages in the City are hereby established:

A. The charge for one passenger with hand baggage shall be:

(1) For the first 1/8 mile: $2.

[Amended 10-3-2011 by Ord. No. 12-28]

(2) For each additional 1/8 mile: $0.50.

[Amended 10-3-2011 by Ord. No. 12-28]

(3) Waiting time per hour: $26.

B. For each additional passenger (over three): $0.25.

C. Deliveries, packages and bundles: service charge of $0.25.

D. Groceries:

(1) For each bag carried by driver: $0.10.

(2) For each box carried by driver: $0.25.

E. Charges for handling trunks shall be by mutual agreement.

F. All fares outside City limits shall be by mutual agreement.

G. Charges for vehicles hired by the hour or for any special occasion shall be subject to mutual agreement.

H. The hackney carriages are also subject to biannual inspections.

[Amended 8-21-2017 by Ord. No. 2018-4]

§ 222-7 Taximeters; waiting time.

A. Every hackney carriage shall have a taximeter of the size and design approved by the Chief of Police which shall be so located as to be easily read by the passenger in the rear seat. After sundown the face of every taximeter shall be illuminated by a suitable light so arranged as to throw a steady light thereon. No vehicle shall be licensed as a hackney carriage until the taximeter attached thereto shall have been officially approved.

[Amended 8-21-2017 by Ord. No. 2018-4]

B. Waiting time shall include all time during which the vehicle is not in motion, beginning after its arrival at the place to which it has been called and the party engaging the same has been notified. A charge as specified in § 222-6 for waiting time may be made.

§ 222-8 Display of certificates and rates of fare.

In the interior of every vehicle licensed to be set up and used as a hackney carriage there shall be placed the certificate for such vehicle issued pursuant to § 222-22 and also a card showing all rates of fare and charges for the use of such vehicle, which shall be no higher than those prescribed by § 222-6. Such certificate and card shall be enclosed and secured in a suitable frame or frames in such a manner that they cannot easily be molested or destroyed and shall be so displayed as to be at all times in clear view of any passenger. No charge shall be made for the use of a licensed hackney carriage at a rate higher than that printed on the card.

§ 222-9 Maintenance of vehicles.

[Amended 6-3-1985 by Ord. No. 903]

Every licensed hackney carriage or limousine shall be kept in good condition, suitable for occupancy and mechanically fit for the safety of passengers. The interior and exterior shall be clean and sanitary at all times. Whenever required for the safety of passengers or of the public, the wheels of every such carriage shall be equipped with chains or other devices adequate to prevent skidding.

§ 222-10 Overloading prohibited.

No passengers in excess of the number which can be seated therein according to the maker's design of the vehicle shall be permitted to be carried or to be in or on any hackney carriage or limousine at any time, nor shall any person be allowed to stand or sit upon the running boards or guards of such vehicle while it is in motion.

§ 222-11 Operation by unauthorized driver prohibited.

No holder of a hackney license or limousine license shall allow any vehicle set up or used by him/her as a hackney carriage or limousine to be driven or operated by any person other than a driver to whom a permit has been issued in accordance with § 222-25.

§ 222-12 Liability of licensees.

Any person in whose name a license has been issued to conduct the business of setting up and using a hackney carriage or limousine shall, for the purposes of this chapter, be deemed to be the owner of the carriage or limousine and shall be liable for all forfeitures and penalties contained in such license unless, upon the transfer by sale, lease or otherwise of any such carriage or limousine, notice of such transfer has been given to the City Clerk.

§ 222-13 Limousine service.

[Added 6-3-1985 by Ord. No. 900; amended 6-3-1985 by Ord. No. 901; 8-21-2017 by Ord. No. 2018-4]

The City Council may grant to suitable persons licenses to set up and use limousines for the conveyance of passengers for hire within and without the City, the fare to be collected within the City. The business of setting up and using a limousine service is authorized by this section, and every vehicle authorized to be used pursuant to a license granted by this section shall be known as a "limousine service." The owners or drivers of limousines shall not solicit passengers on public ways or from hackney stands. Limousines shall not be used as hackney carriages and hackney carriages shall not be used as limousines, and every holder of a limousine license shall keep his/her place of business in a business district, and if vehicles are kept in the City they must be located or garaged in a business district. All provisions of this chapter will also apply to limousine licenses as well as to hackney carriage licenses and must be adhered to, except §§ 222-3 to 222-8, 222-14 and 222-19. Limousine passenger service shall be by reservation only.

§ 222-14 Soliciting passengers.

A driver shall not solicit passengers except by motion of the hand nor in any public way or place except when his/her carriage is rightfully standing upon some private or special stand, nor shall he/she solicit passengers by repeatedly driving his/her vehicle to and fro in front of any theater, hotel, hall, public resort or other place of gathering so as to interfere with proper and orderly access thereto and egress therefrom.

§ 222-15 Taking on or discharging passengers.

No driver shall stop or take on or discharge passengers on any street except at the curb, nor shall any passenger be permitted to enter or leave a hackney carriage or limousine except from the side nearest the curb.

§ 222-16 Refusal of passengers.

No driver shall refuse to carry any person desiring to engage a licensed hackney carriage or limousine as a passenger unless such person is noisy, intoxicated or otherwise disorderly or is known to be infected with a contagious disease or unless his/her vehicle already contains a passenger or is already engaged.

§ 222-17 Passengers with infections diseases; dead bodies.

A driver of a licensed hackney carriage or limousine shall not receive or permit to be placed therein nor convey in or upon the same any person who is known to be infected with any contagious disease, nor shall any such driver accept for transportation the body of any deceased person.

§ 222-18 Passenger's control of vehicle.

No driver shall take up or carry any passenger in a licensed hackney carriage or limousine when his/her vehicle is already occupied or engaged by some other person without the consent of such person. No person shall be obliged to pay any extra fare or fee for refusing such consent.

§ 222-19 Overcharging by drivers prohibited; passenger's receipt.

No driver shall demand from any passenger a fare in excess of the applicable rate as shown on the card required to be displayed in his/her vehicle. Whenever requested by a passenger or whenever the amount of a fare is in dispute, such passenger shall be furnished with a receipt giving the name of the driver, the place from which and to which such passenger was transported and the amount of fare received.