[Adopted 4-3-1997 (Ch. 21, Art. III, of the 1977 Code);
amended in its entirety 4-19-2018 by Ord. No. 17.265]
As used in this article, the following terms shall have the
meanings indicated:
Permit required to operate a business utilizing vehicles
for the conveyance of people.
Any limousine or other vehicle which is designed to carry
15 or fewer passengers, including the driver, and carries passengers
for hire, business courtesy, employee shuttle, customer shuttle, charter
or other prearranged transportation, and which vehicle is not required
to obtain a taxicab license under this article.
Permit required by any person operating vehicles performing
services under a business owner's permit.
The filing with the City Clerk of certain information relative
to vehicles providing service under a business owner's permit.
A motor vehicle with a seating capacity not to exceed eight
passengers, displaying on its exterior permanently painted or decal
identification markings, a light affixed to the roof of said vehicle,
and a taxi registration number plate issued by the Massachusetts Registry
of Motor Vehicles, operated for hire by or on behalf of the holder
of the business owner's permit or by an employee or independent
contractor of said permit holder; but which does not pick up, transport,
or discharge passengers along a set route.
The provisions of this article shall not apply to any business
operated in a manner and for the purposes stated in Chapter 159A of
the General Laws of Massachusetts. The provisions of this article
shall not apply to a holder of a certificate issued by the Department
of Public Utilities.
A.
No person, corporation or other entity shall operate a taxicab or
livery business within the City of Northampton without a permit as
provided herein. Taxicab and livery businesses located and permitted
in other communities shall be required to obtain a permit in accordance
with this chapter to pick up fares in Northampton. Permits may be
granted only to suitable persons, corporations or other entities who
are the legally registered owners of said taxicabs or livery vehicles,
and provided that all places of business located in Northampton are
established at a legal street address conforming to all applicable
City ordinances and state laws.
[Amended 2-7-2019 by Ord.
No. 18.222]
B.
Any person desiring to operate such a business within the City of Northampton shall file an application with the City Clerk for referral to the City Council setting forth the name and residence of the owners of said business, the address from which the business will be operated, the kind of service to be provided under the permit, and the hours of daily service. Said application shall also state a description of the motor vehicle(s) to be operated under the permit. No owner or driver shall solicit business except at the place of business listed, or City-approved taxi stands (per § 312-39).
C.
All permits shall continue in force until the first day of May next
after the date issued and shall not be sold, assigned or transferred
without the approval of the City Council. A transfer includes the
issuance or transfer of more than 40% of the outstanding stock of
the corporation.
D.
All vehicles operating under the business owner's permit are subject to vehicle permitting requirements per § 316-19.
E.
The City Council shall issue to the applicant a permit which shall
be placed in a conspicuous location in the applicant's place
of business.
A.
No person shall operate a vehicle governed by the provisions of this
article unless he or she obtained an operator's permit from the
Chief of Police. Applicants shall apply on forms furnished by the
City Clerk and shall set forth under oath such information as the
Chief of Police may require. All applications shall be forwarded by
the City Clerk to the Chief of Police within five days of filing of
the application. The Chief of Police shall issue or deny the license
within 30 days of referral.
B.
Operator permits shall be signed by the Chief of Police and shall
be numbered in order as granted and unless sooner suspended or revoked
shall continue in force until the first day of May next following
the date of issuance thereof. The Chief of Police shall cause notice
of the issuance or denial of a permit to be filed with the City Clerk.
C.
The permit issued to the applicant shall be encased in plastic and
shall bear a color photograph of the applicant. Said permit shall
be displayed in a prominent place in the interior of any vehicle while
being operated as a taxicab or livery by the applicant. No permit
shall be issued unless the applicant furnishes proof of having a valid
Commonwealth of Massachusetts motor vehicle operator's license.
Any suspension or revocation of said license or right to operate shall
cause the applicant's taxi or livery operator's permit to
be automatically revoked.
D.
Upon being denied an operator's permit by the Chief of Police,
an applicant shall have the right of appeal to the Mayor or his or
her designee. All such appeals shall be in writing and filed with
the Mayor or his or her designee within 10 days of the denial of the
operator's permit. Appeals will be heard within 20 days of the
filing thereof. The decision of the Mayor or his or her designee shall
be final and binding.
E.
It shall be the duty of the driver of any vehicle for hire to accept
as passengers any person who seeks to use the services of a vehicle
for hire, provided that such person conducts himself/herself in an
orderly fashion. No person shall be admitted to a vehicle for hire
occupied by a passenger without the consent of the passenger.
F.
No person in charge of a vehicle for hire shall give directions,
information, or service to any person seeking a place or person for
unlawful purposes, or convey from place to place a person who is noisy
or disorderly.
G.
Loud or importunate solicitation of passengers for vehicles for hire
on the public ways is prohibited.
H.
It shall be unlawful to knowingly permit any vehicle for hire to
be used in the perpetration of any crime.
I.
It shall be unlawful for any driver of a vehicle for hire while on
duty to drink any intoxicating beverage, disturb the peace of the
passenger or smoke at any time in a vehicle registered as a taxi or
livery under this article.
J.
The licensed operator of each vehicle for hire will be responsible
to make notification to the Police Department of any article of value
left therein by any passenger not later than 24 hours after finding
same. The company owner shall secure such item until 90 days have
elapsed, and if not claimed it will revert to the taxi company.
K.
The licensed operator of the vehicle for hire and all passengers
must comply with MGL c. 90, § 13A, regarding the wearing
of seat belts.
A.
Vehicle registration requirements.
(1)
No vehicle shall be operated for the purposes regulated under this
article unless said vehicle has been registered with the City Clerk
and approved by City Council. The owner shall provide the City Clerk
with the year, make, model, color, current vehicle registration number
and vehicle identification number, together with the number of persons,
exclusive of the operator, which it may carry and a photograph of
such vehicle. The applicant shall also provide the City Clerk with
a policy of insurance as provided below. No such permit shall be issued
unless the applicant has presented to the City Clerk a valid certificate
of taxi or livery registration issued by the Registrar of Motor Vehicles
as required under 540 CMR 2.05.
(2)
Insurance requirements.
(a)
No permit shall be issued until the applicant has delivered
to the City Clerk a policy of insurance issued by an insurance company
authorized to transact business in the Commonwealth of Massachusetts,
covering the motor vehicle(s) to be operated by the applicant under
his or her permit, nor until the applicant has also delivered to the
City Clerk a certificate of the insurance company issuing the policy
showing that the policy shall not be canceled without giving the City
Clerk 10 days' notice thereof.
(b)
Such policy shall be a policy of liability insurance which provides indemnity for or protection to the insured, and any person responsible for the operation of the insured's vehicle(s) with their express or implied consent, against loss by reason of the liability to pay damages to others for injury to property or bodily injuries, including death at any time resulting therefrom, sustained during the term of said policy by any person other than the employees of the insured or of such other person responsible as aforesaid who is entitled to payments or benefit under the provisions of Chapter 152 of the General Laws and arising out of the ownership, operation, maintenance, control or use upon the ways of the commonwealth, of such car to the amount or limit of at least $100,000 on account of injury to or death of any one person, and subject to such limits as respects injury to or death of one person, of at least $300,000 on account of any one accident resulting in injury to or death of more than one person, and to the amount or limit of at least $50,000 on account of any one accident resulting in damage to property.
(3)
Every vehicle operated by the business owner shall be inspected by
a state-certified inspection station yearly. A current, valid inspection
sticker must be possessed upon application for registration with the
City. Such inspection is at the owner's expense, and proof must
be supplied to the City Clerk. Whenever the Chief of Police or his
or her designee has reason to doubt such taxicab or livery vehicle
is in safe, proper mechanical condition, properly equipped, properly
lettered and in a suitably clean condition, he or she may suspend
the City registration permit thereof without a hearing, and take possession
of said permit until the conditions are corrected. The owner and/or
corporation may file an appeal on the Chief of Police or his or her
designee's action to the Mayor or his or her designee; however,
the suspension shall remain in effect until a decision has been made.
All such appeals must be made in writing and addressed to the Mayor
or his or her designee. Appeals will be heard within 20 days of the
filing thereof. The decision of the Mayor or his or her designee shall
be final and binding.
(4)
All vehicles shall provide child safety seats. Taxicab and livery
companies shall provide a plan for proper child safety restraint usage
in their vehicles.
(5)
The City Clerk shall provide the applicant registering a taxicab
or livery vehicle with a placard for each vehicle bearing the words
"Taxi Vehicle License, Northampton, Massachusetts," or "Livery Vehicle
License, Northampton, Massachusetts" setting forth the serial number
of the permit, the year issued, the name and address of the holder
of the owner's business permit, the year, make and color of the
vehicle and the number of passengers permitted to be carried in the
vehicle, which shall be attached to the interior of the vehicle so
as to be plainly visible to the occupants thereof.
B.
Operation and marking of livery vehicles.
(1)
Livery vehicles shall be hired on a prearranged basis only, with
a minimum twelve-hour notice, provided that fares picked up pursuant
to a preexisting contract shall be deemed to comply with the twelve-hour
requirement if the specific fare was arranged at least 12 hours in
advance.
[Amended 2-7-2019 by Ord.
No. 18.222]
(2)
Livery vehicles shall not pick up on-demand fares on the street that
were not prearranged outside of the twelve-hour requirement.
(3)
Livery vehicles shall not have exterior vehicle markings that state
"Taxi" or "Cab."
(4)
Livery vehicles shall not contain a rate meter, and shall not charge
for service based upon miles traveled if the trip is less than 25
miles.
(5)
Livery vehicles shall have in each vehicle for hire a precompleted
schedule trip sheet including the following information: current date,
time, month, and year, the name of the vehicle's company and
licensed owner, the name of the vehicle's driver, the vehicle's
license number, the time of all prescheduled pickups of passengers,
the name, address, and phone number of the person who scheduled the
pickup, the times of all prescheduled pickups, and the origin and
destination of all prescheduled pickups.
C.
Operation, marking, and metering of taxicabs.
(1)
No taxicab shall be made so closely to resemble the taxicab of another
so as to mislead the public as to its identity. All taxicabs will
conform to MGL c. 40, § 22, to wit, "shall have the name
or trade name of the owner and the name of the city or town in which
it is licensed, painted or lettered on the sides thereof in letters
not less than four inches high and one-half inch wide."
(2)
Taxicabs shall have exterior vehicle markings that state "Taxi" or
"Cab."
(3)
Taxicabs may be hired or hailed on an on-demand or prearranged basis.
(4)
Any taxicab company that is permitted in another community that does not operate a permitted taxicab business within the City limits may drop off fares in Northampton picked up in another community. Such taxicab companies that are not permitted through the City of Northampton in accordance with § 316-17A above, may not pick up passengers within the City limits.
[Amended 2-7-2019 by Ord.
No. 18.222]
Prior to services rendered, taxicab and livery company dispatchers
or operators must inform customers of the cost of the ride and must
post a clear flat rate chart that is visible to passengers. In lieu
of these requirements a taxicab may instead have a meter (hard-wired)
with rates clearly posted and visible to passengers including the
flag drop charge (initial charge), per mile charge, and waiting time
charge.
Any owner or driver violating the requirements of §§ 316-18, 316-19 and/or 316-20 shall be subject to a penalty of $100 for the first offense and $200 for each and every subsequent offense. Any owner or driver violating the requirements of § 316-17 shall be subject to a penalty of $300 for each and every offense. The City Council may suspend or revoke any permit issued under §§ 316-17, 316-18, and/or 316-19 for violation of any state statute, City ordinance, or any rule, order or regulation promulgated by the City of Northampton and/or the City Council. Sections 316-17, 316-18, 316-19, and 316-20 may be enforced by criminal complaint, noncriminal disposition under Chapter 40 of the Code of Ordinances, or any other civil or criminal procedure available by law.
