[HISTORY: Adopted by the City Council of the City of Beverly
as indicated in article histories. Amendments noted where applicable.]
[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:
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:
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.
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.
A person, also referred to as a "driver," granted a license
by the Chief of Police to operate a taxi or 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.
The license issued by the City Council permitting a single,
identified vehicle to be used as a taxi or livery.
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.
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.
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
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:
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.
