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.
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[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.
[Amended 6-16-2014 by Ord. No. 2014-108]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
[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.
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.
[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]
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.
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.
[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.
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.
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.
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.
[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.
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.
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.
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.
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.
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.
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.