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:
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.
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.
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.
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.
Any person who is engaged in the driving of a livery for
hire.
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.
Includes the cities and towns of Portland, South Portland,
Scarborough, Gorham, Falmouth and Windham.
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.
Any person who is engaged in the driving of a taxicab for
hire.
A.
All provisions of this article shall apply to taxicabs and liveries
when their headquarters are located in the City and they provide any
rides for hire within Westbrook.
B.
The provisions of this article shall also apply to a taxicab business
duly licensed by another municipality where its headquarters are located
to provide intracity rides for hire in Westbrook and charge by the
meter rate of such other licensing municipality.
C.
Limousines operating within the City or based in the City are exempt
from the provisions of this article.
D.
Livery operators that hold a current interstate operating authority
from the Federal Motor Carrier Safety Administration and the liveries
covered by such interstate operating authority are exempt from this
article. Failure to have a written prior reservation record at the
time of pickup, dropoff or conveyance of a passenger creates a rebuttable
presumption that the vehicle and operator are required to be licensed
as a taxicab under this article. No livery shall operate as a taxicab
nor accept passengers on a hail or walk-up basis even if such livery
is covered by interstate operating authority or is licensed as a livery
under this article.
A.
Business license. Each taxicab or livery business, whether an individual,
corporation, d/b/a, limited liability corporation, partnership, or
other legal entity, shall obtain a taxicab or livery license from
the City Clerk prior to permitting the operation of any taxicab or
livery vehicles in the City.
B.
Vehicle license. Each taxicab or livery vehicle operated by a taxicab
or livery business shall have a separate license.
C.
Driver's license. No person shall operate a taxicab or livery vehicle
within the City unless such taxicab or livery is covered by a business
license and the driver thereof is currently licensed by the City to
operate a taxicab or livery.
A.
Applications under this article shall be filed in accordance with Article I of this chapter. In addition to the requirements of Article I, each application shall contain the following for the appropriate license:
(1)
Taxicab or livery business and vehicle licenses.
(a)
Applications shall be signed and verified by each of the principal
officers of the applicant if the applicant is a corporation, and in
all other cases by all persons having actual ownership interests in
the applicant. The application shall state the name and address and
date of birth of the principal officers of the applicant and of every
person having management authority in the business of the applicant;
(b)
A record of any disqualifying criminal conviction or a statement
that no such conviction exists shall be provided for any officers
or person having an actual business ownership in the business;
(c)
The make, type, year, serial number and license plate number
of each vehicle for which a taxicab or livery business license is
sought and the address of the garage or other terminal at which the
vehicle will be stationed when not in service shall be stated;
(d)
A detailed description of the graphic design, insignia, wording
and coloring which will appear upon the vehicle, if licensed, shall
be included; and
(e)
An appropriate form of statement over the signature of each
person signing the application, giving all persons and governmental
agencies having information relevant to the above items permission
to release the same to the City of Westbrook.
(2)
Taxicab or livery drivers' licenses.
(a)
Date of birth;
(b)
State current contact information, including home and work address,
and home, work and cellular telephone numbers, and email address if
available;
(c)
A complete record of the applicant with respect to any disqualifying
criminal conviction or a statement that no such conviction exists;
(d)
A record of all convictions for reckless driving, driving to
endanger, or operating or attempting to operate under the influence;
(e)
All motor vehicle offenses during the five years preceding the
application;
(f)
State whether any driver's license held by the applicant is
presently revoked or has been revoked and the reasons for such revocation
or revocations;
(g)
A statement from a physician licensed to practice medicine in
the State of Maine, indicating the applicant's fitness to safely operate
a motor vehicle. This shall also be a requirement for license renewals;
(h)
The application shall contain an appropriate form of statement
over the signature of the applicant, giving all persons and governmental
agencies having information relevant to the above items permission
to release the same to the City of Westbrook; and
(i)
The application shall be accompanied by two photographs of the
applicant of such size as the City Clerk may specify.
B.
A person
or business may obtain both a livery and taxicab business license,
but there shall be a separate application form and fee for each such
license. A vehicle shall not be licensed or used both as a taxicab
and a livery vehicle. An applicant may obtain both a taxicab and a
livery driver's license, but there shall be separate application forms
and fees for each such license. No person shall drive a taxicab or
livery without having the appropriate license hereunder.
C.
Every
business licensed hereunder must maintain current records of the names,
home addresses and telephone numbers of all their drivers and must
supply this information promptly to the City Clerk upon request. Every
driver required to be licensed hereunder must have a current license
for the vehicle he or she drives and must notify the City Clerk promptly
of any change in the contact information listed on his or her application.
A.
Taxicab
or livery business licenses.
(1)
In addition to those standards set forth in § 205-8, a license under this article shall be denied for the following persons:
(a)
A corporation which is not licensed to do business in the state;
(b)
An applicant other than the registered owner of the vehicle;
(c)
A corporation if any principal officer thereof or any person
having actual ownership interest therein has a disqualifying criminal
conviction;
(d)
An applicant, other than a corporation, if such applicant, any
principal officer, or any person having an actual ownership interest
or management authority therein has a disqualifying criminal conviction;
and
(e)
Any applicant whose taxicab or livery business license has been
revoked within the three years preceding the application.
(2)
The City Clerk shall make and keep a written record of every decision
to deny an application for a taxicab or livery business license in
the manner required by Title 1 M.R.S.A., Chapter 13.
B.
Taxicab
or livery drivers' licenses.
(1)
In addition to those standards set forth in § 205-8, a license under this article shall be denied for the following persons:
(a)
An applicant who has not attained the age of 18 years;
(b)
An applicant who has a disqualifying criminal conviction as set forth in § 205-9C or any of the following:
[Amended 4-22-2019 by Ord. No. 2019-68]
[1]
For a period of one year for an applicant who has a record of
repeated minor traffic offenses that are not criminal violations.
"Repeated minor traffic offenses" hereunder means more than two motor
vehicle moving violations within the 12 months prior to the date of
application, or more than five moving traffic violations within the
36 months prior to the date of application, with at least one of those
offenses occurring within the 12 months prior to the date of application.
In the case of these noncriminal traffic offenses, the twelve-month
disqualification period shall begin as of the date of the finding
of violation of the most recent offense. Notwithstanding the foregoing,
any motor vehicle moving violation which results in bodily injury
or property damage shall be considered a major offense hereunder.
[2]
For a period of one year from the date of reinstatement of a
license which has been suspended or evoked in any jurisdiction, with
the following exceptions:
[a]
Where a license suspension results from the failure
to file insurance with the Secretary of State pursuant to 29-A M.R.S.A.
Chapter 13 (or other applicable law) or an order of court, the applicant
must provide the City Clerk with proof of valid insurance and documentation
of the reinstatement of the applicant's driver's license. Following
such proof, the license suspension shall not disqualify the applicant
from receiving a taxicab or livery driver's license, provided there
is no other disqualifying condition.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[b]
Where a license suspension results from the failure
to pay child support pursuant to 19-A M.R.S.A. Chapter 65 (or other
applicable law) or an order of the court, the applicant must provide
the City Clerk with documentation of reinstatement of the applicant's
driver's license. Following such proof, the license suspension shall
not disqualify the applicant from receiving a taxicab or livery license,
provided there is no other disqualifying condition.
[3]
Conviction of crime under the following standards:
[a]
Conviction for one misdemeanor for a theft-related offense,
applicant is ineligible for five years.
[b]
Conviction for one misdemeanor for a driving-related offense,
applicant is ineligible for five years.
[c]
Conviction for two misdemeanors for a theft-related offense,
applicant is ineligible for 10 years from conviction date of most
recent offense.
[d]
Conviction for two misdemeanors for a driving-related offense,
applicant is ineligible for 10 years from conviction date of most
recent offense.
[e]
Conviction of any felony-related crime, including theft- and
driving-related offenses, applicant is permanently ineligible.
(2)
Where an applicant for a taxicab or livery driver's license or a licensee has more than one disqualifying criminal conviction as set forth in § 205-9C or this section within the previous 10 years, the applicant shall be disqualified for the longest applicable period of time. If an applicant receives a subsequent disqualifying criminal conviction during a period of disqualification for another offense, the disqualification period for the subsequent offense shall run from the date of the discharge of the sentence for the subsequent conviction. If the disqualification period for the subsequent offense extends beyond the initial disqualification period, then the applicant shall remain disqualified for such additional time period.
(3)
The
City Clerk shall make and keep a written record of every decision
to deny an application for a taxicab or livery driver's license in
the manner required by Title 1 M.R.S.A. Chapter 13.
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)]
A.
All taxicabs and liveries shall submit to random vehicle inspections
by the Police Chief or the Police Chief's designee, in addition to
the City's required annual inspection.
B.
Taxicabs and liveries shall be at all times clean and in good repair
inside and out. "Clean and in good repair" shall mean and include,
without limitation, the following:
(1)
No visible tears in carpeting;
(2)
No dents larger than six inches in diameter;
(3)
No tears in seat upholstery;
(4)
No loose trash or large amounts of dirt or sand in the interior passenger
area, whether or not the area is currently occupied by a passenger;
(5)
No missing trim or body work;
(6)
No cracks in windshield or windows;
(7)
Seat belts for all passenger seats visible and in working order;
(8)
No missing hubcaps;
(9)
No visible primer paint;
(10)
No rust greater than one inch in diameter; and
(11)
An operation jack and inflated spare tire.
C.
Taxicabs and liveries shall be maintained at all times in compliance
with the laws of the state relating to passenger vehicles and the
rules and regulations of the state enacted pursuant thereto.
D.
Taximeters. Taxicabs shall be equipped with taximeters which have been tested, approved and sealed by the State Sealer of Weights and Measures, and which 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 computed in accordance with the rate card and shall be calibrated the same fraction of a mile as the maximum fare provided in § 205-56. Taximeters shall be so placed that the figures are in plain view of all passengers. Taximeters shall be connected directly to and be driven directly from the transmission by means of flexible shafts and flexible housing so connected and sealed as to not be subject to tampering.
E.
Exterior light. Every taxicab 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. A
livery vehicle is prohibited from having an exterior light.
F.
Notice to the public. Every taxicab and livery shall conspicuously
display the following rules and regulations to notify the public of
the requirements of all taxicab and livery vehicles:
(1)
For taxicabs only, maximum fare schedule;
(2)
Smoking is not permitted in any taxicab or livery vehicle at any
time;
(3)
Taxicab or livery driver permit, with picture ID, shall be prominently
displayed within the vehicle;
(4)
The operator of each taxicab or livery shall conduct himself in a
courteous and professional manner at all times; and
(5)
No person other than the driver is permitted to remain in the taxicab
or livery at any time without the express consent of all passengers.
G.
Identification. Every taxicab shall be conspicuously, professionally
and permanently marked in letters not less than 1 1/2 inches
in height with the word "Taxicab" 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. The identification
required hereunder shall be placed, at minimum, on the two front doors
of the vehicle. Livery vehicles are required to be similarly marked
as "Livery," and the word "taxi," "cab" or "taxicab" cannot be used
in such marking.
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.
A.
Within the metered zone. Except as otherwise provided herein, the
maximum fare for taxicab service solely which begins or ends in the
City and is within the metered zone shall be $1.90 for the first 1/10
of a mile (the "drop" rate) or fraction thereof and $0.30 for each
1/10 of a mile or fraction thereof thereafter. The fare shall be computed
and displayed by the taximeter. No fare charged shall be in excess
of the amount displayed by the taximeter. There shall be one fare,
divided equally, in the case of two or more passengers who engage
the taxicab for a trip between the same two points. In all other cases,
each passenger shall pay a separate fare, based upon the total taximeter
rate to his or her individual destinations.
B.
Outside metered zone. If a trip begins or ends within the City, and
the other point of destination is outside the metered zone, the passenger
and driver shall agree upon the fare before the trip commences; otherwise,
the passenger shall be under no obligation to pay any fare.
C.
Waiting time. A charge for waiting time may be made only for time
waited at the express direction of the passenger after the trip has
begun and for time waited before the trip has begun, commencing five
minutes after the time at which the passenger has requested the taxicab
to call, or five minutes after the taxicab actually calls, whichever
is later. The charge for such waiting time shall be $0.40 per minute.
No charge shall be made for delay due to the inefficiency of a taxicab
or its driver, traffic delay, or for the time between premature arrival
and the hour for which the taxicab was ordered.
D.
Bags and parcels. No charge shall be made for the transportation
of the bags or parcels of a passenger.
A.
Any law enforcement officer may require any licensee to present a taxicab or livery for inspection whenever the officer deems such inspection necessary because of a serious threat to the health or safety of passengers and may, in writing, order a taxicab or livery business licensee to remove from service any taxicab or livery which is in violation of this article, provided that a reinspection shall be scheduled as soon as possible but in no case more than three business days thereafter. The licensee shall pay a reinspection fee as set forth in Chapter A400, Master Fee Schedule, for each time a reinspection is required of any taxicab or livery ordered removed from service hereunder.
B.
Any law enforcement officer shall order a taxicab or livery business licensee or taxicab operator to immediately remove from service, or shall immediately impound, any taxicab or livery which does not exhibit a taxicab or livery decal issued pursuant to § 205-53.
C.
Any licensee aggrieved by an order made under this section may appeal at any time to the City Clerk, who shall, as soon as possible, and in no case more than five business days thereafter, determine whether such taxicab or livery is in violation of this article and shall either affirm the order of the law enforcement officer or give the licensee written permission to return the taxicab or livery to service. Notwithstanding any other provision of this article, the license of any licensee charged with operating a taxicab or livery which the City Clerk has ordered out of service shall be suspended in accordance with § 205-8 and shall either be suspended or revoked upon a finding, after notice and hearing by municipal officers, that the violation has in fact been committed.
A.
Each person licensed as a taxicab or livery business or driver hereunder
shall maintain a log of all calls received and services provided,
specifying the date, time, name, if available, and the pickup and
dropoff location of each transport which either begins or ends within
the metered zone. Such log shall be provided to the City Clerk or
law enforcement officer upon request or may be examined by the City
Clerk or officer during regular business hours of the business.
B.
Each person licensed as a taxicab or livery business or driver hereunder
shall provide a receipt to any customer upon that customer's request.
Such receipt shall show, at minimum, the date and time of the service
provided, the name of the taxicab or livery company, and the cost
thereof.
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.
A.
State of Maine driver's license. No taxicab or livery driver's license
shall be effective for the purposes of this article during any period
in which the state driver's license of the licensee is suspended or
revoked.
B.
Obligation of taxicab or livery driver. It is the obligation of the
licensed taxicab or livery driver to notify the City Clerk of any
suspension or revocation of his or her state driver's license and
to return his or her taxicab or livery driver's license to the City
Clerk within 14 calendar days of such suspension or revocation. It
is a violation of this article for a licensee to continue to operate
a taxicab or livery vehicle after suspension of his or her state driver's
license, and the taxicab or livery driver's license shall be suspended
for up to a maximum of one year from the date of the finding by the
City Clerk of such violation by a licensee, in addition to any other
penalty which may apply under this article. A copy of this subsection
shall be printed on the City's taxicab and livery driver's license
application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Obligation of business licensee. It is a violation of this article
for a business licensee to knowingly employ a driver who does not
hold a valid state driver's license or a driver's license required
hereunder and to permit him or her to operate a vehicle licensed hereunder,
and such business licensee shall be subject to a suspension of all
licenses issued hereunder to that person for the duration of each
current license and up to one year thereafter for each license. Any
person permitted to drive any taxicab or livery vehicle of the business
licensee shall be considered to be employed by said business licensee
for purposes of this subsection, however that person is designated,
including but not limited to an employee, independent contractor,
or lessee.
