[Amended 12-5-2022 by Ord. No. 1658]
In order to promote public safety and provide for the safe passage
of vehicles on public ways within the City of Gardner, the following
chapter is established regulating taxi and livery businesses located
in the City of Gardner and their respective vehicles, and operators
and drivers. This chapter applies to all businesses with physical
locations within the City of Gardner, including but not limited to
garages, waiting rooms, taxi stands, offices, or terminals from which
a taxi or livery business is operated as defined herein. Ride share
vehicles, as defined herein, are excluded from this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
CITY
The City of Gardner, Massachusetts.
DRIVER
The person, licensed hereunder, employed by or otherwise
contracted with the taxi/livery business to drive a licensed taxi/livery
vehicle to pick up and transport the passenger(s) from one place to
another. As specified in the definition below for "operator," as used
the word "driver" does not mean "operator."
LIVERY VEHICLE
A vehicle, as licensed hereunder, marked as such which engages
in the transportation of passengers only at a predetermined rate pursuant
to a prearranged contract for hire, does not operate on a fixed route
or roving basis, is hired by means of a telephone request or contract
arranged in advance of the time designated for pickup, does not and
is not available for picking up passengers upon being hailed or solicited
by means other than direct contact by the customer and has livery
plates issued by the Commonwealth of Massachusetts. Such vehicles
shall generally be engaged as private transport vehicles for private
functions or assignments not traditionally associated with a hackney
or taxi vehicle or regularly available for transportation services
within the City of Gardner. Vehicles used to provide services to funeral
homes shall not be considered livery vehicles under this chapter.
OPERATOR
Any person, partnership, unincorporated association, company,
or entity licensed hereunder who manages or otherwise operates a taxi
business and/or a livery business on behalf of, or as an agent of,
the owner of such business. As used in this chapter "operator" does
not mean "driver," which is defined above, but an individual operator
may also be a driver if he or she is also licensed as such under this
chapter.
OWNER
The legal owner, whether an individual, partnership, unincorporated
association, company, or entity, of any business which offers taxi
or livery services in the City of Gardner as defined herein. As set
forth below, the owner must be licensed as set forth hereunder in
order to conduct or operate said taxi/livery business in the City
of Gardner. It is expected, but not required, that the owner also
be the operator (definition above) of said taxi or livery service
business, but the owner need not necessarily be the operator if said
business is being professionally managed and/or operated by some other
person or legal entity, as licensed hereunder.
PLACE OF BUSINESS
The physical location within the City of Gardner from which
the business of a taxi or livery service is conducted.
PUBLIC PLACE
Public property or private property to which the public has
lawful access.
RIDE SHARE VEHICLE
A vehicle employed by a company that, via websites and mobile
apps, matches passengers with drivers of vehicles which unlike taxicabs,
cannot legally be hailed from the street and which, unlike livery
vehicles, are generally privately owned. Payment for transportation
service is made before the ride begins.
[Added 12-5-2022 by Ord. No. 1658]
TAXI VEHICLE
A passenger car, station wagon or van used for the transportation
of persons for compensation. Taxi vehicles, licensed hereunder, shall
be marked with the taxi company name and telephone number. Such vehicle
does not operate on a fixed route and is hired by means of a telephone
request to the taxi company or by hailing or soliciting the taxi by
a person(s) in the open at the time transportation is needed. Payment
for transportation service is made at the time of taxi service.
Inspections of taxi and livery vehicles used in accordance with
the requirement of this chapter in the City of Gardner are to be made
under the direction of the Chief of Police under the following procedures:
A. Every taxi or livery vehicle shall be submitted for an annual inspection
in the month of May, unless otherwise directed at the discretion of
the Chief of Police. These inspections shall be under the supervision
of specially designated police officers assigned by the Chief of Police.
Taxi or livery establishments will be made aware of the exact date
and times for these inspections to allow sufficient time to prepare
for said inspections.
B. Upon successful completion of inspection, each taxi or livery vehicle
shall have affixed to the right rear window of the vehicle an inspection
label with an expiration date, along with the taxi or livery vehicle
number.
C. A permanent taxi vehicle license number shall be assigned to each
licensed taxi vehicle, and a permanent livery vehicle license number
shall be assigned to each licensed livery vehicle.
D. It shall be a requirement for any taxi/livery vehicle license that
the owner, and operator, if any, submit each such vehicle for inspection
before placing the vehicle into taxi or livery service. Upon successful
completion, said vehicle shall have the aforementioned inspection
label affixed to it.
E. At the sole discretion of the Chief of Police or his or her designee,
all taxi and livery vehicles are subject to immediate inspection when
he or she believes any taxi or livery vehicle may be unsafe or otherwise
unsuitable for taxi or livery operation.
F. The Chief of Police or his or her designee shall have the power to
remove any unsafe taxi/livery vehicle, as well as any taxi/livery
vehicle otherwise in a dangerous condition, from the road immediately,
and at that time the vehicle shall not be used in any taxi or livery
business in the City of Gardner until further notice and approval
from the Chief of Police.
G. No owner, operator, if any, or driver of a taxi vehicle or a livery
vehicle shall have in the vehicle, place of business, or on his or
her person at any time, or use, any scanning device, telephone, radio,
or any other apparatus or instrument to intercept communications and/or
fares intended for other taxi companies.
A City of Gardner license to operate or conduct a taxi or livery
service business, and any City of Gardner taxi/livery driver's license,
may be suspended or revoked by the Chief of Police, or his or her
designee, after notice to the holder of such license. The Chief of
Police or his or her designee is authorized to suspend or revoke an
owner's, and operator's, if any, license if the Police Chief or his
or her designee determines that the license holder:
A. Has knowingly made a false or inaccurate statement on any record
or application required by any of the provisions of this chapter;
B. Is or has been, in any jurisdiction, convicted or subject to a finding
of sufficient facts for a finding of guilty in regard to any felony
offense;
C. Is or has been, 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, solicitation
of prostitution, gaming, illegal sale or distribution of an alcoholic
beverage, or any statute, rule, ordinance, bylaw or other regulation
relative to taxi and/or livery services;
D. Has knowingly permitted the operation/driving of a taxi or livery
vehicle by a person who is not the holder of a valid City of Gardner
taxi or livery license to operate a taxi or livery vehicle;
E. Has permitted or otherwise allowed a vehicle to be utilized for the
transportation of passengers of a taxi or livery service, or otherwise
to be used for hire as a taxi/livery service, without a taxi or livery
vehicle license;
F. Has knowingly permitted any taxi or livery vehicle to be used in
the commission or furtherance of any criminal conduct;
G. Has refused to permit any inspection authorized or required by the
provisions of this chapter or otherwise as ordered by the Chief of
Police or his or her designee;
H. Has failed to prepare, maintain or file any report, record or notice
required by the provisions of this chapter or otherwise as ordered
by the Chief of Police or his or her designee; or
I. Has failed to comply with any provision of this chapter.
The Chief of Police or his or her designee reserves the right
to revoke any taxi/livery driver's license and/or to deny any taxi/livery
driver's license application if the licensee/applicant:
A. Has not fully and accurately completed the application;
B. Has not attained the age of 18 years;
C. Is not the holder of a valid Massachusetts motor vehicle operator's
license authorizing the operation of passenger-type motor vehicles;
D. Has, in any jurisdiction, been convicted of a felony or, in regard
to any felony offense, has a finding of sufficient facts for a finding
of guilty;
E. Has, in any jurisdiction, been convicted of distribution of any controlled
substance;
F. Has, in any jurisdiction, been convicted of or subject to a finding
of sufficient facts for a finding of guilty relative to a criminal
offense that involved causing death or serious bodily injury in a
motor vehicle accident;
G. Has, in any jurisdiction, during the past five years been convicted
of a misdemeanor offense or, in regard to a misdemeanor offense, had
a finding of sufficient facts for a finding of guilty, if said misdemeanor
offense involved assault, assault and battery, threatening, larceny,
fraud, prostitution, solicitation of prostitution, gaming, illegal
sale or distribution of an alcoholic beverage, use or possession of
a controlled substance, operating a motor vehicle while under the
influence of liquor or drugs, operating a motor vehicle in a race
or in a negligent or reckless manner, leaving the scene of a motor
vehicle accident, or refusing to stop or submit to a police officer;
H. Has, in any jurisdiction, during the past five years been involved
in two or more at-fault motor vehicle accidents;
I. Has, in any jurisdiction, during the past five years been found responsible
for or guilty of two or more civil or criminal violations of motor
vehicle law relating to the unsafe or dangerous operation of a motor
vehicle;
J. Has, in any jurisdiction, a driving record indicating the unsafe
or dangerous operation of a motor vehicle or a disregard for motor
vehicle law; or
K. Has, within the previous five years, had a permit to operate a taxi
or livery vehicle revoked for any reason.
Upon the suspension or revocation of a license to operate or
conduct a taxi or livery service business, or to drive a taxi/livery
vehicle, the Chief of Police shall give written notice of such suspension
or revocation, and the reason therefor, to the taxi or livery service
business owner and driver, if applicable.
[Added 12-5-2022 by Ord. No. 1658]
The contracting and operation of ride share vehicles, as defined
herein, within the City of Gardner is excluded from the rules and
regulations applied to taxi and livery vehicles in this chapter.