City of Beverly, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Beverly as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and business regulations — See Ch. 192.
Vehicles and traffic — See Ch. 270.
[Adopted as Art. XVIII of the Code of Ordinances]
No person shall operate any motor bus upon any public way or street in the City for the carriage of passengers for hire, in such manner as to afford a means of transportation similar to that afforded by a street railway company, by the indiscriminate receiving and discharging of passengers along the route on which the vehicle is operated or may be running, or for transporting passengers for hire as a business between fixed and regular termini, without first obtaining a license therefor from the City Council, subject to the approval of the Mayor in writing endorsed thereon.
Every applicant for a license under this article shall file with the City Clerk a written application which shall set forth:
A. 
Name and business address of owner.
B. 
Description of each route in detail by highways.
C. 
Termini of each route.
D. 
A list of all bridges of 10 feet or more clear span over which buses are to be operated.
E. 
Motor busses to be operated, with a description of each as follows:
(1) 
Number of buses.
(2) 
Make and type of buses.
(3) 
Weight of heaviest bus to be operated.
The license required by this article shall not become operative until the licensee named therein shall have complied with all the provisions of the General Laws applicable thereto, and all rules, terms and conditions for the operation of motor vehicles for the carriage of passengers for hire adopted by the Department of Public Utilities and such amendments and additions thereto as may be made from time to time so far as the same are applicable.
Persons making applications for the license to operate the vehicle hereunder shall designate the route over which they desire to operate, and the licensee shall operate such motor vehicle only over such route as shall be approved by the City Council. Such route may be changed only with the consent or approval of the City Council; except in the case of an emergency the route may be changed by the Chief of Police, who shall be the sole judge as to whether an emergency exists.
No person shall operate any such motor vehicle licensed under this article within the City unless he shall be at least 21 years of age, and unless he shall hold, in effect at the time of such operation, a license from the proper authorities of the commonwealth.
No person operating any motor vehicle licensed under this article shall solicit passengers by outcry or make any noise for the purpose of soliciting passengers.
No person operating any motor vehicle licensed under this article shall refuse to carry any person offering himself to be carried as a passenger therein unless the seats of the same are fully occupied and the number of passengers thereon is the number allowed the operator to be carried at one time, or unless such person is intoxicated or disorderly.
A. 
No person operating any motor vehicle licensed under this article shall collect fare, make change or discharge passengers while such vehicle is in motion; nor shall he have a lighted cigarette, lighted cigar or lighted pipe in his possession while any passenger is being carried therein, nor drink any intoxicating beverage of any kind, or be under the influence thereof, while engaged in operating such vehicle. No person, while a passenger, shall talk to nor engage in conversation with the operator of any such motor vehicle while the same is in operation; nor shall any person be allowed to smoke a pipe, cigar or cigarette or spit upon the floor of the motor vehicle while a passenger therein.
B. 
No passenger shall ride upon any fender, dash, top, step or running board of any motor vehicle licensed under this article.
Every motor vehicle licensed under this article shall come to a full stop 30 feet immediately before crossing the tracks of any railroad grade.
Every motor vehicle licensed under this article shall be kept in a safe and proper condition for use in such operation, and to that end the Chief of Police, or any of his representatives or agents, shall have the right to examine any such motor vehicle at any time.
Any license granted under this article may be revoked by the City Council after public notice and a hearing, for good and sufficient reasons to be stated in the order therefor, subject to the provisions of MGL c. 159A, § 4, or any other provision of the General Laws applicable thereto.
[Adopted 11-21-2011 by Ord. No. 186 (Art. XIX of the Code of Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
BEVERLY POLICE OFFICER
An individual appointed by the Police Chief to carry out the functions of the Beverly Police Department, including, but not limited to, the preservation of the public peace, the protection of life and property, the prevention of crime, the arrest and prosecution of violators of the law, the property enforcement of all laws and ordinances and the effective delivery of police services.
CHIEF OF POLICE OR HIS DESIGNEE
The Police Chief or a person or persons designated by him who holds the rank of Sergeant or above in the Beverly Police Department and is assigned by the Police Chief to oversee the regulation of taxis and liveries.
LICENSED DRIVER
A person, also referred to as a "driver," granted a license by the Chief of Police to operate a taxi or livery.
LIVERY
A passenger motor vehicle bearing a livery registration issued by the Registry of Motor Vehicles and that is hired for general passenger-carrying use. The services provided by this type of vehicle may be secured only by request made to a dispatcher no less than two hours before pickup of passengers within the City of Beverly or under a standing contract/agreement to provide transportation services from time to time.
MEDALLION or VEHICLE LICENSE
The license issued by the City Council permitting a single, identified vehicle to be used as a taxi or livery.
MEDALLION OWNER or LICENSED OWNER
An individual, also referred to as an "owner" or "vehicle owner," who has been deemed a suitable individual by the City Council to own a taxi medallion and who has been issued one or more medallions.
POLICE CHIEF
An individual appointed by the Mayor of the City of Beverly who commands the Beverly Police Department and has powers over licenses granted by such department.
TAXI
A private passenger motor vehicle bearing a taxi registration issued by the Registry of Motor Vehicles, and that is hired for general passenger-carrying use, and is equipped with a taximeter. The service provided by this type of vehicle may be secured by a call to a dispatcher without restriction as to time or may be "hailed" on any public way within the City
WAY or PUBLIC WAY
Any public way or private way laid out for public use, any way dedicated to public use, or any place to which the public has a right of access as invitees or licensees.
A. 
Vehicle licenses.
(1) 
Each vehicle operated as a taxi or livery in Beverly must be duly licensed by the City Council. The City Council may issue, grant upon condition, withhold or revoke any such license at its discretion.
(2) 
Each vehicle license (medallion) shall expire on the first business day of January each year.
B. 
Operator's license.
(1) 
Each operator/driver of a taxi or livery shall obtain an operator's license from the Chief of Police or his designee. The Chief of Police or his designee shall only issue operators' licenses to persons 18 years of age or older whom he, in his singular discretion, deems appropriate persons to operate such vehicle. Such licenses and their issuance shall be subject to the following:
(a) 
Possession of a valid Massachusetts driver's license required. Any person who wishes to obtain a temporary or permanent taxicab license must first possess a valid Massachusetts driver's license.
(b) 
Outstanding fines. No taxicab driver's license shall be issued to any applicant who owes outstanding fines for parking tickets, excise taxes, or any other fines that would cause that person's Massachusetts driver's license to be placed in a status of "nonrenewable," until all matters have been cleared by the Registry of Motor Vehicles.
(c) 
License. Persons who wish to be employed as taxicab drivers shall first obtain a license. A license may be issued after the Chief of Police or his designee has investigated the applicant therefor and reviewed his record from the Board of Probation and conducted a personal interview. Such license may be granted to suitable persons by the Chief of Police or his designee.
(d) 
Background investigation. All applicants for a hackney carriage, taxi, livery or limousine license shall first be subject to a background investigation to determine suitability for the position.
(e) 
Record of service. All operators of vehicles licensed under this section shall maintain with the vehicle a record of calls for service indicating the date and time of pickup and drop-off, the starting point and destination of the passenger. The operator of the vehicle shall offer for inspection said record forthwith upon demand from any Beverly police officer. Such operator's records shall be maintained and preserved by the medallion owner for a period of 90 days and shall be subject to inspection by and made accessible to the Chief of Police or his designee at his request.
(f) 
No driver under this section shall pick up or initiate a conveyance for hire unless he is issued a license to do so by the City of Beverly.
(2) 
Revocation. Any driver found in violation of any of the provisions of this article, after a hearing by the Chief of Police or his designee on the alleged violation, shall be subject to a fine of $50 and his license to operate shall be revoked at the discretion of the Chief of Police.
(3) 
The Chief of Police may, but shall not be required to, establish additional guidelines for the issuance of operators' licenses.
All taxi licenses/medallions shall be subject to the following:
A. 
One off-street parking space shall be required per license granted.
B. 
Each parking space for each vehicle shall be a minimum of nine feet in width by 18 feet in length, or the length and width of the vehicle licensed, whichever is greater.
C. 
The applicant's principal place of business for the licensed activity along with the telephone number and mailing address (other than post office box rental) shall be the same address.
D. 
The applicant shall provide the City Council with a certificate of insurance in the amount of $1,000,000, which must include a statement of the insurance company indicating that the policy shall not be cancelled without a minimum of 14 days' notice to the City Council or City Clerk.
E. 
All taxi vehicles must be safe and clean.
F. 
All taxi vehicles shall be conspicuously marked as a taxi, and include the name of the medallion owner on each side in letters not less than two inches high and further must have an illuminated sign on the roof for use during hours of darkness indicating that such vehicle is a taxi.
G. 
The name of the owner and the name of the driver, his address, together with a picture of the driver as well as a schedule of rates as set by ordinance shall be posted conspicuously in every such vehicle.
H. 
Each taxi shall be equipped with an operational taximeter capable of calculating separate fares for at least four passengers simultaneously.
I. 
It shall be the duty of every medallion owner operating a taxi, and also the driver thereof, to keep the taximeter operating at all times within such standard of accuracy as may be prescribed from time to time by the Sealer of Weights and Measures of the City of Beverly. Any taxi operating without a taximeter, sealed and inspected by the Sealer of Weights and Measures, shall be in violation of this section.
J. 
Every taximeter shall be inspected and tested for accuracy by the Sealer of Weights and Measures at least once every 12 months. Upon the completion of the inspection and of any adjustments necessary to cause the taximeter to operate within the standards of accuracy approved by the Sealer of Weights and Measures, the Sealer of Weights and Measures shall cause to be placed upon the meter a seal or other device with the date of inspection and any other information that he may require.
K. 
In addition to Subsection J, every taximeter shall be subject to inspection at any time by the Sealer of Weights and Measures. Upon discovery of any inaccuracy of the taximeter, the operator shall remove or cause to be removed from service the vehicle equipped with the taximeter until the taximeter has been repaired and the accuracy attested to by the Sealer of Weights and Measures.
A. 
No person shall set up, use or drive any livery for the purpose of hire within the City without a license for such livery from the City Council.
B. 
All licenses granted under this article shall expire on the first day of January in the year following the date of the license, and no license shall be sold, assigned or transferred without the approval of the City Council and the appropriate transfer fee. The City Council may issue, issue with conditions, or revoke all such licenses so granted at its sole discretion.
C. 
The applicant shall provide the City Council with a certificate of insurance in the amount of $1,000,000, which must include a statement of the insurance company indicating that the policy shall not be cancelled without a minimum of 14 days' notice to the City Council or City Clerk.
D. 
All livery vehicles must be safe and clean.
A. 
The minimum and maximum rates of fares to be charged by taxis licensed under the provisions of this article shall be as follows:
(1) 
For 6/10 of one mile or fraction thereof: $5.50.
(2) 
For each additional 1/5 mile: $0.60.
[Amended 11-7-2013 by Ord. No. 90]
(3) 
For each additional passenger over two; $0.50.
B. 
Any person 59 years of age or older, with proper identification of same, shall receive a discount of 20% from the amount registered on the taximeter.
C. 
The fixed rate for waiting time shall be $20 per hour, $5 for every 15 minutes or portion thereof. "Waiting time" shall mean the time consumed while the taxicab is not in motion at the direction of the passenger; provided, however, no charge shall be made for time lost through traffic interruptions or for delays caused by the inefficiency of the taxicab or its driver.
Fees for livery services must be fair and reasonable. The charging of unfair or unreasonable fees may result in revocation of a livery license.
A. 
Any operator licensed according to the provisions of this article shall at all times conduct himself/herself in a courteous manner. Use of indecent, profane or insulting language toward any person is prohibited. Every driver shall be suitably dressed, neat and clean in appearance.
B. 
No operator of any taxi licenses under this article shall refuse to carry any person offering himself/herself to be carried as a passenger therein unless the seats of same are fully occupied, unless such person is intoxicated or disorderly, or the operator of the taxi has good cause to believe that such person is acting in an unlawful manner.
C. 
Operators of taxis and liveries shall obey all laws, and ordinances, rules and regulations, and rules of the road pertaining to the operation of vehicles on public ways.
D. 
Operators of taxis and liveries shall not use tobacco products or consume alcoholic beverages while operating said vehicles.
E. 
No operator of a taxi shall park or permit such vehicles to stand for hire in any place other than the taxi stands designated by the City from time to time. No livery shall stand or park in any space designated a taxi stand.
A. 
All taxis and liveries may be inspected and are subject to inspection by the Chief of Police or his designee once each quarter or at any time upon reason to believe that such vehicle is not being operated and/or maintained in compliance with this Article II.
B. 
Failure to submit to such inspection shall be cause for the immediate revocation by the Chief of Police or his designee of the vehicle license/medallion issued to such vehicle. Appeals of such action by the Chief of Police or his designee shall be made to the City Council.
C. 
Until such time as such appeal is heard by the City Council, such license shall remain revoked. Nothing in this section shall prohibit the Chief of Police or his designee from restoring a vehicle license/medallion before such appeal is heard by the City Council.
A. 
A nonrefundable fee of $10 shall be paid to the City of Beverly at the time of initial application and any subsequent reapplication for an operator's license to the Chief of Police.
B. 
A fee of $50 shall be paid to the City of Beverly at the time of issuance of any medallion, taxi license or livery license approved by the City Council.
Any violation of the provisions of this Article II shall subject the offender to a fine of $300 and may result in the revocation of any operator's, taxi, or livery license previously issued by the Chief of Police or City Council.