[HISTORY: Adopted by the Town Meeting of the Town of Hull 6-20-1978 ATM by Art. 34; amended in its entirety 5-3-1999 ATM by Art. 46 (Ch. 108 of the 1989 Code). Subsequent amendments noted where applicable.]
HACKNEY VEHICLE
A vehicle marked as such which engages in the transportation of passengers, or is available to be so engaged, pursuant to a prearranged contract for hire or on demand, or from a taxi stand, or by being solicited on the street or by telephone request. Such vehicles shall be regularly available for transportation services within the Town by prior contract or by being hailed publicly by passengers in the open.
LIVERY VEHICLE
A vehicle, either unmarked or so marked as such, which engages in the transportation of passengers only at a predetermined rate pursuant to a prearranged contract for hire, does not operate on a fixed route or roving basis, is hired by means of a telephone request or contract arranged in advance of the time designated for pickup, does not and is not available for picking up passengers upon being hailed or solicited by means other than prior telephone contract and has livery plates issued by the Commonwealth of Massachusetts. Vehicles used to provide services to funeral homes shall not be considered livery vehicles under this law. Such vehicles shall not engage in or be available for the business of being a hackney or taxi vehicle within the Town or for accepting fares by being hailed publicly by passengers in the open. Such vehicles shall generally be engaged as private transport vehicles for private functions or assignments not traditionally associated with a hackney or taxi vehicle or regularly available for transportation services within the Town.
PERSON
A person, firm, company, business, corporation, partnership or other entity, or an owner, or operator of a hackney vehicle or livery vehicle.
A. 
The Select Board may from time to time issue permits to suitable persons to utilize hackney carriages for the conveyance of passengers for hire within the Town or to operate livery vehicle(s) and may revoke or suspend such permits after a hearing for cause by said Board. All persons engaged in the business of conveying passengers for hire within the Town or operating livery vehicle(s) shall take out such number of hackney permits or livery permits equal to the greatest number of such vehicles to be used at any one time by such persons within the year for which the permits are used. Any permit holder who shall cease to be the owner of a hackney carriage or carriages or to operate livery vehicle(s) shall at once surrender his permits or permit to the Select Board.
[Amended 5-8-2021 ATM by Art. 6B]
B. 
The Select Board may from time to time issue licenses to suitable persons to drive hackney carriages for the conveyance of passengers for hire within the Town and may revoke or suspend any such licenses after a hearing for cause by said Board.
[Amended 5-8-2021 ATM by Art. 6B]
C. 
The Select Board, in acting on requests for permits/licenses or renewals thereof, shall take into consideration the public need for such permits/licenses, the suitability of the proposed vehicles, the character and fitness of the operator, the character and fitness of the driver and such other considerations as are reasonable in ensuring a sufficient number of vehicles to serve the public with suitable operators and drivers. The Board may impose such reasonable terms and conditions to said permits/licenses as may be necessary to effectuate the purposes herein.
[Amended 5-8-2021 ATM by Art. 6B]
D. 
Applications shall be made on such forms as may be issued by the Town. Applicants shall provide such other information as is reasonably requested by the Town. The holder of any permit or license shall provide to the Town written notice of any change in the information required by the Town for said permit or license, of any change in the condition of the equipment used and of any change in the status of any drive so licensed, within 24 hours of the change. A driver's license issued hereunder shall terminate automatically and simultaneously with the surrender, suspension or revocation of the driver's regular driver's license. Upon said occurrence, the driver shall immediately surrender his/her license issued under this by-law to the Town.
E. 
Except as otherwise exempted from this law by its terms or regulations promulgated thereunder, it is unlawful for any person to engage in the business of operating a hackney vehicle or livery vehicle within the Town without obtaining pursuant to this article a permit for each so vehicle operated.
F. 
Except as otherwise exempted from this law by its terms or regulations promulgated thereunder, it is unlawful for any person to drive a hackney or livery vehicle while engaging in the business of same within the Town without obtaining pursuant to this article a permit for each so vehicle operated.
G. 
The Select Board may make such rules and regulations for the operation of hackney and livery vehicles as may be deemed necessary and in the public interest.
[Amended 5-8-2021 ATM by Art. 6B]
[Amended 5-8-2021 ATM by Art. 6B]
An applicant for a license to drive a hackney carriage or carriages or livery vehicle or vehicle(s) shall present for examination a valid license as an operator issued by the Registrar of Motor Vehicles of the Commonwealth of Massachusetts and the date and the number thereof shall be entered on the application. Any licensee who shall cease to be the driver of a hackney carriage or livery vehicle or vehicle(s) shall at once surrender his license to the Select Board.
[Amended 5-8-2021 ATM by Art. 6B]
For every permit or license so granted, a fee shall be established by the Select Board and paid to the Town Treasurer/Collector.
[Amended 5-8-2021 ATM by Art. 6B]
No person having charge of or driving or operating any hackney carriage or livery vehicle shall knowingly receive or permit to be placed therein or conveyed in or upon the same any person sick with any contagious disease without subsequently and before the occupancy or conveyance of other persons having such conveyance properly fumigated to the satisfaction of the Select Board.
A. 
Every vehicle issued a permit for use as a hackney carriage or livery vehicle shall display a copy of such current permit in clear view of the passenger and placed or secured in such a manner so that it may not be easily molested or destroyed.
B. 
The driver of a hackney carriage or livery vehicle must display a copy of his current license issued by the Select Board in clear view of the passenger placed or secured in such a manner so that it may not be easily molested or destroyed.
[Amended 5-8-2021 ATM by Art. 6B]
All hackney carriages and livery vehicles must be kept in good condition, suitable for occupancy and mechanically fit for the safety of passengers. The interior and exterior shall be clean and sanitary at all times.
[Amended 5-8-2021 ATM by Art. 6B]
The Select Board or its designee shall have the right to stop and inspect at anytime any hackney carriage or livery vehicle and shall provide for the annual inspection of all hackney carriages and livery vehicles permitted to operate within the Town of Hull. The purpose of such inspections shall be to determine whether:
A. 
The following equipment is maintained in good order:
(1) 
Brakes (dual).
(2) 
Stop lights.
(3) 
Lights.
(4) 
Horn.
(5) 
Exhaust system.
(6) 
Steering gear.
(7) 
Windshield.
(8) 
Windshield cleaner.
(9) 
Number plates.
(10) 
Rear window.
(11) 
Tires.
(12) 
Fenders.
(13) 
Bumpers.
(14) 
External sheet metal.
(15) 
Reflectors.
(16) 
Splash guards.
(17) 
Pollution control systems and devices.
B. 
The hackney carriage or livery vehicle is in good condition suitable for occupancy, mechanically fit for the safety of the passengers and clean and sanitary.
[Amended 5-8-2021 ATM by Art. 6B]
The Select Board shall have authority to establish a schedule of rates to be charged to passengers by drivers of hackney carriages, and every owner and driver of a hackney carriage shall charge no more than the rates as may be established by the Select Board. The schedule of rates shall be displayed in clear view of the passenger and placed or secured in such a manner so that it may not be easily molested or destroyed.
[Amended 5-3-2010 ATM by Art. 26]
A. 
Whoever violates any of the provisions of this article shall be subject to a fine of $100 for a first offense and $200 for any subsequent offense. Each day of violation shall constitute a separate offense.
B. 
Any person who violates any provision of this article or any rule or regulation issued thereunder may be penalized by a non-criminal disposition as provided for under Chapter 1, § 1-2 of this Code and G.L. c. 40, section 21D. This article shall be enforced by a Police Officer of the Town.
C. 
Each day during which the violation exists, is committed or permitted or continues shall be a separate violation for purposes of criminal or noncriminal disposition enforcement.
[Added 5-3-2010 ATM by Art. 26]
A bicycle like vehicle (hereinafter called "bicycle") that has at least three wheels, that transports or is capable of transporting passengers and/or cargo on seats and/or a container or similar features attached to the bicycle, that is propelled by an individual or individuals, and that is used for transporting passengers and/or cargo for hire.
[Amended 5-8-2021 ATM by Art. 6B]
A. 
Unless otherwise permitted by Town rule or regulation, it shall be unlawful for any person to operate a Pedicab or drive for same within the Town without having first obtained from the Select Board a license to operate and/or drive same and have each such Pedicab permitted. Such licenses and permits may be issued by the Select Board to persons and/or entities found to be of good character and upon a showing of a need for said activity to serve the public in a manner that promotes the public good and safety within the route so established. All such operators' and/or drivers' licenses and Pedicab permits shall expire on December 31, of each year. The licenses and permits so required must be renewed annually. The licenses and permits shall be subject to a fee as determined by the Select Board.
B. 
As part of the issuance of a license, the Select Board shall, based on input from the Town's public safety and other departments and the public, establish the approved rates, route on and hours of operation during which the Pedicabs may operate. No person may operate a Pedicab in the Town unless the person possesses a valid Massachusetts drier's license or otherwise establish to the Town that he or she is sufficiently knowledgeable as to the rules of the roar otherwise applicable to those operating vehicles on ways within the Commonwealth. No Pedicab shall be placed into service or operation unless approved by the Police Chief or his or her designee following an inspection for condition and proven to be safe and roadworthy. Nothing contained herein and no licensing, permitting or inspections shall however, constitute explicit and/or specific assurances of safety or assistance. The operator and drivers shall be required to obtain any and all other authorizations, licenses or permits required by law. Pedicabs shall not operate on sidewalks.
[Amended 5-8-2021 ATM by Art. 6B]
Any person or entity desiring to engage in the activities of operating and/or driving a Pedicab or Pedicab business shall first obtain a license or permit as required under this bylaw. Application for same shall be made to the Select Board on such forms, and shall be accompanied by such information, as may be required by the Select Board. Any operator or driver of a Pedicab who ceases to operate the same shall immediately surrender to the Select Board any licenses or permits issued.
Except where superseded by state law, any person or entity who violates the provisions of this bylaw shall be subject to a fine of $100 for a first offense and $200 for any subsequent offense. Each day of non-compliance shall constitute a separate offense.
[Amended 5-8-2021 ATM by Art. 6B]
Except where superseded by state law, violations of this bylaw may also be enforced by way of criminal complaint, the Non-Criminal Disposition process under Chapter 1 of the Code/Bylaws or civil action. The Select Board may, following notice and an opportunity for a hearing, suspend or revoke any license or permit issued hereunder and may upon a determination by the Police Chief or Town Manager that the public good and safety so requires, immediately suspend any license or permit pending a hearing. The Hull Police Department shall have the authority to impound any vehicle operated in violation of these sections.
[Amended 5-8-2021 ATM by Art. 6B]
The Select Board shall have the authority to promulgate rules and regulations necessary to implement and enforce these sections.
The provisions of this article shall be severable and if any section, part or portion hereof shall be held invalid for any purpose by any court or authority of competent jurisdiction, the decision shall not affect or impair any remaining section, part or portion thereof.
[Amended 5-8-2021 ATM by Art. 6B]
Every person or entity so licensed or permitted shall at all times while engaged in the operation of the Pedicab display said license or permit. In addition, each Pedicab must display a sticker on a location set by the Police Department verifying that it has been inspected by the Police Department. The rates, route and hours as approved by the Select Board shall also be displayed in a manner approved by the Police Department.
[Amended 5-8-2021 ATM by Art. 6B]
The number of Pedicabs may be limited by the Select Board to ensure a sufficient number to meet the public need as determined by the Board.
Every Pedicab operator shall operate the Pedicab in conformance with all State and Town traffic laws, bylaws, and rules as if the Pedicab were a motor vehicle; except:
A. 
That Pedicabs shall be prohibited from operating where bicycles are prohibited.
B. 
The bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way.
C. 
The bicycle operator shall signal by either hand his intention to stop or turn; provided, however, that signals need not be made continuously and shall not be made when the use of both hands is necessary for the safe operation of the bicycle.