In addition to the words elsewhere defined in the Code of the
City of Westbrook, the following terms shall have the meaning ascribed
thereto, unless otherwise indicated:
DATE OF DISCHARGE
The date upon which the sentence has been completed, including
any probation or parole period, and the person has been discharged
from the criminal justice system for the violation.
DISQUALIFYING CRIMINAL OFFENSE
Includes 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.
LIMOUSINE
Any vehicle designed to carry five or more passengers behind
the driver's seat which is of a type customarily designated as a luxury
"stretch limousine" and is used for the transportation of passengers
for hire solely on a reserved hourly or flat-rate basis.
LIVERY
Any motor vehicle designed to carry three or more passengers
behind the driver's seat which is used for the transportation of passengers
for hire on a prior reserved hourly or flat-rate basis. Livery vehicles
shall not be available for hire on a hail or walk-up basis by passengers
on the street and shall not include a limousine.
LIVERY DRIVER
Any person who is engaged in the driving of a livery for
hire.
MEDICAL TRANSPORTATION VEHICLE
Any motor vehicle for hire that is designed and operated
to provide nonemergency transportation to passengers who are wheelchair-bound
or otherwise restricted in mobility due to physical incapacity, injury,
sickness or other medical, vision, or age-related reason. For purposes
of this article, medical transportation vehicles are taxicabs, except
that any motor vehicle utilized by a local, regional or nationally
affiliated transportation agency that is registered and in good standing
as a Maine nonprofit corporation and that performs a background check
on its drivers that is substantially comparable to or more stringent
than this article shall be excluded from this definition and the provisions
of this article. Any person or business who or which is unlicensed
and claims to qualify for this exception bears the burden of proof
to demonstrate that the exception is applicable.
METERED ZONE
Includes the cities and towns of Portland, South Portland,
Scarborough, Gorham, Falmouth and Windham.
TAXICAB
Includes any motor vehicle used for the transportation of
passengers for hire, the destination and route of which are under
the direction and control of the passengers. Taxicab does not include
a limousine or livery vehicle as defined above, or a vehicle which
operates solely on a fixed schedule and route, such as, but not limited
to, a bus.
TAXICAB DRIVER
Any person who is engaged in the driving of a taxicab for
hire.
Prior to issuance of any taxicab or livery vehicle license, and in addition to all other requirements of this Chapter
205, the following must occur:
A. For any business license, the applicant must file with the City Clerk:
(1) A copy of the applicant's valid state certificate of registration
of the vehicle to be licensed;
(2) A copy of the insurance policy covering the vehicle for the term
of the license and executed by an insurance company authorized to
issue such policies in this state in the usual form of vehicle liability
insurance policies in this state for injuries to persons and property
resulting from the use and operation of the vehicle to be licensed.
Such policy of insurance shall be issued for a principal sum sufficient
to provide indemnity in an amount of not less than $400,000 combined
single limit, for bodily injury, death and property damage. A certificate
of insurance bearing an endorsement thereon by the issuing agent shall
be deposited with the City Clerk and shall be maintained in effect
throughout the license period. Such certificate shall state that the
issuing agent shall notify the City Clerk, in writing, no less than
30 days prior to the cancellation thereof;
(3) In the case of a taxicab only, a valid certificate of inspection
issued by the State Sealer of Weights and Measures is needed; and
(4) An annual inspection of the taxicab by the Police Chief or the Police
Chief's designee. A certificate shall be issued by the inspector,
indicating that the vehicle to be licensed complies with the safety
and equipment requirements of the article.
B. For any driver's license, the applicant must file with the City Clerk
a copy of a valid State of Maine driver's license. In addition, the
City Clerk shall obtain a current criminal history report from the
State Bureau of Identification and a driving record from the State
Bureau of Motor Vehicles.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
When transporting passengers, all licensees shall be neat and
clean in appearance. All articles of clothing shall be clean and in
good repair.
Smoking is not permitted in any taxicab or livery vehicle at
any time, including times when there are no passengers in the vehicle
or when the vehicle is not in operation as a taxicab or livery.
Fees shall be provided under Chapter
A400, Master Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Notwithstanding any other provision of this article, and in lieu of any other fee, a taxicab or livery business licensee may transfer a vehicle license to another vehicle for the unexpired term thereof upon payment of a fee established in Chapter
A400, Master Fee Schedule, and upon relinquishment to the Clerk of the license previously issued to the corresponding taxicab or livery vehicle, provided that the license application has been filed pursuant to §
205-50.