[HISTORY: Adopted by the City Council of the City of Sanford 3-7-2017 by Order No. 17-30.07. Amendments noted where applicable.]
A.
This chapter shall be known as the "Ordinance to Regulate and License
the Operation of Taxicabs Within the City of Sanford" and is enacted
pursuant to the authority granted to the City now or hereafter by
general law, including 30-A M.R.S.A. § 3009.
B.
The purpose of this chapter is to regulate the number and operation
of taxicabs and those operating taxicabs within the City of Sanford
through a licensing procedure in order to promote the general welfare
and public safety.
As used in this chapter, the following words and phrases have
the meanings as set out herein, unless the context clearly demonstrates
otherwise:
Any conviction for any criminal offense punishable by imprisonment
for any period of time, whether or not the sentence was imposed or
served, but shall not include any conviction which is shown to have
been set aside on appeal or collaterally or for which a pardon, certificate
of rehabilitation or the equivalent under the law of the sentencing
jurisdiction has been granted or which is not rationally related to
the purposes of owning or operating a taxicab.
The act or business of picking up persons in a taxicab within
the City of Sanford for transportation to locations within or outside
the City, except that the provisions of this chapter shall not apply
to a motor vehicle licensed by another municipality to operate as
a taxicab which is operated within the City of Sanford in response
to:
A request to transport passengers from a point of destination
within the City to another municipality but not to a point of destination
within the City, provided that such drivers shall not cruise, park
or stand for the purpose of soliciting passengers within this City;
or
A request to convey a passenger from such other municipality
to the City.
A person to whom a license to operate a taxicab has been
issued.
A person owning and/or leasing for use any taxicab used in
the taxi business.
An individual, partnership, corporation or other legal entity.
Any motor vehicle designed and used for the transportation
of persons for compensation, the destination and route of which are
under the direction and control of the passengers. Excluded from this
definition are buses and vehicles commonly referred to as "stretch
limousines."
The permission or license granted to a business seeking to
engage in providing taxis for hire to the general public.
The permission or license granted to an individual allowing
that individual to operate a taxicab within the City of Sanford when
such license is required under the terms of this chapter.
The permission or license granted to the owner of any taxicab
used in the taxi business authorizing said vehicle to engage in the
taxi business.
No person shall operate, cause to be operated, lease, rent or
otherwise provide for use a taxicab within the City of Sanford without
such taxicab owner and the operator thereof having first obtained
all licenses required from the City Council as provided herein.
A.
An application for a taxicab business license shall be filed with
the City Clerk upon forms provided by the Clerk. The application shall
provide the following information:
(1)
The name and address of the applicant.
(2)
The address location of the dispatch center and garage.
(3)
A signed consent to allow the Sanford Police Department to investigate
and verify all information submitted as part of the application.
(4)
Proof of adequate public liability insurance as required under this
chapter.
(5)
A detailed description of the company logo, design, insignia, wording
and coloring that will appear on any vehicles licensed under the applicant's
name.
(6)
Evidence that the applicant corporation, business, partnership or
other legal entity is in good standing to operate within the State
of Maine, if so required.
(7)
A listing of all principals in the business or corporation, if applicable.
(8)
A listing of all rates to be charged and the method of computation.
(9)
Such further information as the City Council may require.
B.
Upon receipt of the report and comments from the Chief of Police,
the City Clerk shall forward the application and all supporting documentation
to the City Council for action. The Council shall consider the application
during a public hearing at its next available meeting. Said public
hearing shall be advertised in a newspaper of general distribution
at least seven days prior to the hearing.
C.
The Council shall review the application with respect to location
of the business and adverse impacts to surrounding properties from
noise, odor, fumes, traffic congestion or other causes. Following
a hearing, the Council can grant a license, grant a license with certain
conditions or deny the application. If the Council denies an application,
it shall issue written findings within 10 days of the decision.
D.
Aggrieved parties shall have 30 days to appeal the decision of the
Council to Superior Court.
An application for a taxicab operator's license shall be
filed with the City Clerk upon forms provided by the Clerk. The application
shall be verified under oath and shall provide the following requirements:
A.
The name, address and date of birth of the applicant.
B.
Any prior experience in the transportation of passengers.
C.
Proof of a valid motor vehicle license and whether any license held
by the applicant is presently revoked or has been revoked during the
three years preceding the application and the reasons for any such
revocations.
D.
The applicant's prior traffic and police record, if any.
E.
The consent to allow the Sanford Police Department to investigate
and verify the information submitted in the application.
F.
Two photographs of the applicant of such size as the Clerk may specify.
G.
Proof of adequate public liability insurance as required by this
chapter.
H.
Such further information as the City Council may require.
An application for a taxicab vehicle license shall be filed
with the City Clerk upon forms provided by the Clerk. The application
shall be verified under oath and shall provide the following requirements:
A.
The name, address and date of birth of the owner of the vehicle or
of all principal officers of the applicant if the applicant is a corporation,
including the clerk of the corporation, together with the address
of a business office or principal place of business.
B.
The make, type, year, vehicle identification number and license plate
number of each vehicle for which a taxicab vehicle license is being
sought and the address of the garage or site where the vehicle will
be stationed when not in service.
C.
A state inspection sticker issued within the 30 days prior to the
date of application.
D.
Adequate proof showing the vehicle to be currently registered and
licensed within the State of Maine.
E.
Proof of adequate public liability insurance as required by this
chapter.
F.
A detailed description of the graphic design, insignia, wording and
coloring which will appear on the vehicle, if licensed.
G.
Such further information as the City Council may require.
A.
Taxicab operator's license.
(1)
Upon receipt of a completed application for a taxicab operator's
license, the City Clerk shall refer the same to the Chief of Police
or his designee to verify the information set forth therein and to
report and comment on the same to the Clerk within 30 days. The Chief
of Police will ensure that the information contained on the application
is valid, and the fee for such investigation and taxicab inspection
shall be established by the Council after public hearing.
(2)
Upon receipt of the report and comments from the Chief, the Clerk
shall either issue or deny a license based on the standards in this
chapter. Any decision of the Clerk can be appealed to the City Council.
The initial application fee for each license shall constitute the
first year's license fee, and the license shall be in effect
for the remainder of the calendar year in which the license is issued.
Written findings for any denial shall be prepared by the Clerk within
10 business days of the decision.
B.
Taxicab vehicle license.
(1)
Upon receipt of a completed application for a taxicab operator's
license, the City Clerk shall refer the same to the Chief of Police
or his designee to verify the information set forth therein and to
report and comment on the same within seven days.
(2)
Upon receipt of the report and comments from the Chief, the Clerk
shall either issue or deny a license based on the standards in this
chapter. Any decision of the Clerk can be appealed to the City Council.
The initial application fee for each license shall constitute the
first year's license fee, and the license shall be in effect
for the remainder of the calendar year in which the license is issued.
Written findings for any denial shall be prepared by the Clerk within
10 business days of the decision.
C.
License renewal. Licenses may be renewed only by the City Clerk after
a review of a new application updating all required information. Licenses
issued by the City Council shall be renewed by the City Council following
a new application.
Any license applied for under this chapter shall be denied by
the Council or Clerk under the following circumstances:
A.
Taxicab vehicle license.
(1)
If the applicant is other than the registered owner of the vehicle;
(2)
If any of the principals of the applicant corporation or any person
having an actual ownership interest or management authority therein
has a disqualifying criminal conviction;
(3)
If the applicant has had a taxicab vehicle license revoked within
the three previous years; or
(4)
Failure to have an approved taxicab business license.
B.
Taxicab operator's license.
(1)
If the applicant has not attained the age of 18 years;
(2)
If the applicant has been given a disqualifying criminal conviction
at any time during the five years immediately preceding the application
or if the applicant has been imprisoned at any time during said period
for a disqualifying criminal conviction, provided that said conviction
was for an offense which is rationally related to the purpose of licensing
taxicab operators;
(3)
If the applicant has been convicted, at any time during the three
years immediately preceding the application, of criminal speeding,
reckless driving, driving to endanger, operating under the influence,
attempting to operate under the influence, operating under suspension
or an equivalent offense in any other jurisdiction or if the applicant's
privilege to operate a motor vehicle in any jurisdiction has been
revoked at any time during said period for any reason; or
(4)
If the applicant has been convicted of criminal speeding, reckless
driving, driving to endanger, operating under the influence, attempting
to operate under the influence or operating under suspension while
operating any vehicle licensed under this chapter for the five years
immediately preceding the date of application.
C.
Taxicab business license.
(1)
If the Council determines that the proposed business location will
have an undue adverse impact on surrounding property owners;
(2)
If the Council determines that the applicant has had a taxicab business
license revoked in the past three years;
(3)
If the applicant business or corporation is not licensed and in good
standing to do business in the State of Maine;
(4)
If any of the principals of the applicant corporation or any person
having an actual ownership interest or management authority therein
has a disqualifying criminal conviction;
(5)
If the applicant has had a taxicab business license revoked within
the three previous years; or
(6)
If the applicant is not current for all personal property taxes and/or
fees owed to the City of Sanford.
Upon an application for a taxicab operator's license, the
City Clerk may issue a thirty-day temporary license which shall carry
all the privileges of a permanent license. During this thirty-day
period, the Clerk shall request of the Chief of Police an investigation
of the information contained in the application for an operator's
license. This temporary license may be revoked by the City Clerk upon
a determination that any of the standards of this chapter have been
violated by the operator or if the investigation by the Police Chief
reveals that the applicant does not meet the qualifications to receive
a permanent operator's license.
A.
A license issued under the provisions of this chapter may be revoked
or suspended by the City Council upon the recommendation of the Chief
of Police if the holder thereof has violated any of the provisions
of this chapter or has violated any ordinances of the City of Sanford
or the laws of the United States or the State of Maine, the violations
of which reflect unfavorably on the fitness of the operator to offer
public transportation.
B.
Prior to suspension or revocation, the City Council shall hold a
public hearing to determine all the facts relating to the suspension
or revocation of the license. The holder of the license shall be given
notice of the proposed action to be taken and shall have an opportunity
to be heard before the City Council at the hearing to consider suspension
or revocation.
A.
Any license issued under the terms of this chapter may be suspended
or revoked by the City Council upon a determination by the City Council
that the licensee:
(1)
Knowingly took a longer route to his or her destination than was
necessary, unless so requested by the passenger;
(2)
Knowingly conveyed any passenger to a place other than that which
the passenger specified;
(3)
Solicited or caused another person to solicit taxicab passenger business
in any manner whatsoever when such proposed business is not related
to the provision of taxicab services;
(4)
Transported any person other than the passenger first engaging the
taxicab without the express consent of such passenger;
(5)
Drove a taxicab when not clean and neat in appearance;
(6)
Failed to remain in the operator's compartment of the taxicab
at all times that the taxicab was in service or was waiting to be
hired, other than to assist a passenger or his or her bags into or
out of the taxicab, or permitted any person other than the operator
and a passenger or passengers to remain in the taxicab at any such
time, except a trainee, if a licensed taxicab operator;
(7)
Refused to transport any orderly person upon request, unless all
licensed taxicabs are engaged (if no taxicab is available at the time
a request for taxicab service is telephoned to a dispatch center,
the dispatch service shall offer to arrange with the caller for transportation
by the next available taxicab);
(8)
Charged more than the maximum fare specified in the application on
file with the City Clerk's office;
(9)
Failed to notify the Clerk of any change of any material fact set
forth in the application for such license;
(10)
Removed from a taxicab or obscured or caused to be removed from
a taxicab or obscured any notices required under this chapter;
(11)
Knowingly gave incorrect information on the license application;
(12)
Refused to provide and use a certified child safety seat when
transporting any child that would have been required to be in a child
safety seat in the child's parent's vehicle; or
(13)
Refused transportation to any person based on age, sex, religion,
color, creed, national origin, destination, handicap or because of
the presence of children.
B.
In addition to the provisions of Subsection A above, a taxicab operator's license may be suspended or revoked upon a determination that the driver engaged in any loud argument, fight or other disturbance; harassed, threatened or assaulted another person; intentionally damaged, destroyed or threatened to damage or destroy any property; or in any other manner engaged in conduct detrimental to the orderly and efficient transportation of passengers.
C.
Maximum suspensions of taxicab operators' licenses shall be
as follows: three days for the first violation, seven days for the
second violation and 15 days for the third violation within a twelve-month
period. Fourth violations shall result in revocation of the taxicab
operator's license and may be the basis for further action with
respect to the taxicab vehicle license.
D.
In addition to the provisions of Subsection A above, a taxicab business license may be suspended or revoked upon a determination that:
(1)
The taxicab business licensee or any person employed or connected
with such licensee has operated a taxicab without a current and valid
taxicab operator's license;
(2)
There have been repeated violations by the operators of vehicles
licensed to the same licensee resulting in more than four suspensions
in any twelve-month period;
(3)
The taxicab business licensee permitted or caused a taxicab operator
to operate a taxicab with knowledge of or in disregard of that operator's
loss or suspension of his motor vehicle license by the Secretary of
State;
(4)
The taxicab business licensee permitted or caused a taxicab operator
to operate a taxicab with knowledge of or in disregard of that operator's
intoxication; or
(5)
The taxicab business licensee permitted or caused a taxicab to operate
within the City which was unsafe or in unsound condition.
E.
A taxicab vehicle license may be suspended or revoked upon a finding
by the City Council that:
(1)
The City has been notified by the licensee's insurance carrier
that the insurance policy covering the vehicle in question has lapsed,
been suspended or has been terminated; or
(2)
It has been determined by the license inspector that the vehicle
in question is no longer fit for service as a taxicab.
All taxicabs operating within the City of Sanford shall adhere
to the following requirements at all times:
A.
Taxicabs shall at all times be clean and in good repair inside and
out and shall be maintained at all times in compliance with the laws
of the State of Maine relating to passenger vehicles and the rules
and regulations of the State Commissioner of Transportation enacted
pursuant thereto.
B.
Taxicabs that compute fare through the use of a taximeter shall have
those meters installed so as to give an accurate reading of all the
car's movements and so as not to be subject to tampering. Any
meters used shall be tested, approved and sealed by the State Sealer
of Weights and Measures. Said meters shall indicate fare and mileage
by means of legible figures which are electrically illuminated during
the period between sunset and sunrise, which fare shall be calculated
in accordance with the fare posted on the vehicle and on file in the
application on file with the City Clerk.
C.
Every taxicab operating in the City shall be equipped with an exterior
light affixed to the roof thereof, which shall be covered with a translucent
fixture marked with the word "Taxi" in legible lettering and which
shall be operated during the period between sunset and sunrise.
D.
Every taxicab shall be conspicuously marked, in letters not less
than 1 1/2 inches in height, with the word "Taxicab," "Taxi"
or "Cab" and the owner's name or trade name or, in lieu of such
name or trade name, with a design or monogram containing the owner's
name or trade name. Such design or monogram shall be not less than
eight inches in diameter.
E.
Every taxicab shall be conspicuously marked, in numbers not less
than 1 1/2 inches in height, with a vehicle number, which shall
correspond to the vehicle license number issued by the City Clerk,
such number to be unique to all taxicabs licensed by the City of Sanford.
F.
All taxicabs shall have access to a certified child safety seat,
for use when transporting children required to be placed in such a
seat.
G.
All handicapped-accessible taxicabs licensed in the City of Sanford
to pick up or drop off passengers must have a restraint system or
straps designed to hold a wheelchair and passenger securely in place.
Every operator of a handicapped-accessible taxicab licensed to operate
within the City is to be trained by the employer in the appropriate
and safe application of said restraint system or strap and to hold
the passengers securely in a wheelchair.
A taxicab operator shall display his or her taxicab operator's
license, complete with name and picture, in a place within the cab
which is clearly visible to passengers at all times when the cab is
in service.
A.
All taxicabs shall have the rates to be charged clearly displayed
on the exterior of the vehicle, as well as on the interior of the
vehicle, and be clearly marked either "metered taxi" or "zone taxi"
on the exterior of the vehicle.
B.
The maximum rate of fare charged by the taxicab and any lesser rate
actually charged by the taxicab shall be advertised on both back doors
of the taxicab, in lettering no less than one inch in height.
C.
Every taxicab shall be equipped with a sign which shall be located
in the interior of the taxicab and maintained in such a manner as
to be clearly visible to all passengers therein and which shall state,
in letters no less than 1/4 inch in height, the following:
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Passenger Information
|
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If you have a complaint about the services you have received
or the fare you have been charged, please fill out a complaint form
and submit to the Chief of Police. You can obtain a complaint form
by contacting the Sanford Police Department located at 935 Main Street
or by calling 324-9170.
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A.
The fare to be charged by a taxicab business shall be clearly described
in the application for a taxicab business license. Upon any changes
to the rate, the City Clerk and Police Chief shall be notified.
B.
There shall be no charge for the transportation of the carry-on bags
or parcels of a passenger.
A.
No taxicab vehicle license shall be issued to any licensed taxicab
business until the applicant files with the Clerk satisfactory proof
of liability insurance coverage for liability arising out of the operation
of the taxicab. Insurance shall clearly cover the vehicle and all
occupants under all operating conditions, including but not limited
to by employees of the owner, lease arrangements or any other similar
arrangement. The insurance coverage shall be in conformance with minimum
State guidelines.
(1)
In the case of vehicles constructed with capacity for more than four
persons behind the driver, permanent alterations to the vehicle must
be made in order to be considered a taxi.
(2)
The City Council may require higher insurance liability coverage
if it deems necessary.
(3)
The insurance company issuing the policy shall contain a provision
for the automatic and immediate notification by the insurance company
to the City of Sanford of cancellation, amendment or expiration of
the insured's policy. If the insurance coverage terminates, expires
or is suspended, the taxicab vehicle license or the taxicab operator's
license shall terminate and expire and shall be immediately returned
by the owner to the Clerk. Thereafter, the license may only be reinstated
upon proof of retaining insurance as required herein.
B.
In all cases, the operator and the owner shall both be insured to
the limits established by this section or by a higher amount if deemed
necessary by the Council.
The license inspector may require any licensee to present a
taxicab for inspection whenever the inspector deems such inspection
necessary. The inspection shall be performed as soon as practicable,
at a location to be determined by the City of Sanford. If a vehicle
fails to pass this inspection, the license inspector may, in writing,
order a taxicab removed from service, provided that a reinspection
shall be scheduled as soon as possible, but in no case more than three
days thereafter. There shall be a charge of $10 for the first reinspection
and a charge of $25 for each reinspection thereafter of any taxicab
ordered removed from service for any violation which is deemed by
the license inspector to represent a serious threat to the health
or safety of passengers. Any licensee aggrieved by such an order may
appeal the decision of the license inspector to the City Council,
which shall hear the appeal at the next regularly scheduled meeting
date.
When notice is required to be given to an applicant or holder
of a license issued pursuant to this chapter and notice by mail is
used, the City Clerk may use the address set forth in the application
on file. Proof of a certified or registered mailing to said address
shall create the presumption of receipt by the applicant on the expiration
of five days from the date of mailing.
The Sanford Police Department shall have the primary duty to
enforce this chapter. Any person violating any provisions of this
chapter shall pay a fine not exceeding $50 for the first such offense
in any calendar year and $100 for each subsequent offense in the same
calendar year. Any licensed owner or operator who violates any of
the provisions of the foregoing sections shall, in addition to said
penalty, thereupon become subject to suspension or forfeiture of his/her/its
license thereafter.
During the life of the license, the licensee shall be required
to conform to any new regulations duly adopted by the City Council.
This chapter shall become effective 30 days from its adoption,
as provided by Section 2.09c of the Sanford City Charter. For any
initial vehicle license issued under this chapter, the licensee shall
have 60 days to conform to the terms herein, excepting the requirements
regarding the provision of child safety seats, for which the applicant
shall have 90 days to comply. Subsequent licenses shall only be issued
upon proof of compliance.
