Borough of West Chester, PA Chapter 100 Taxicabs

[HISTORY: Adopted by the Council of the Borough of West Chester 6-15-1960 as Ord. No. 12-60. Sections 100-10, 100-11, 100-12, 100-14, 100-18 and 100-20 amended at time of adoption of Code; see Ch. 1, General Provisions, Art, I. Other amendments noted where applicable.]

GENERAL REFERENCES

Residential Parking Program — See Ch. 77.

Vehicles and traffic — See Ch. 104.

§ 100-1 License required.

No person, copartnership, unincorporated association or corporation shall engage in the business of operating a taxicab upon the streets of the Borough of West Chester without first obtaining a license therefor.

§ 100-2 Application for license; grant or refusal of license.

A. Any person, copartnership, unincorporated association or corporation engaging in the business of operating a taxicab or taxicabs upon the streets of the Borough of West Chester shall apply for an owner's license in writing to the Borough Secretary, upon a form to be provided by the Secretary, and shall furnish answers to all questions on said application form. The Borough Secretary shall submit all original applications for new businesses to the Chief of Police for investigation. The application, together with the Chief's report, shall be presented to the West Chester Borough Council, which may approve the application and grant the license or refuse the application for cause.

B. Refusal.

(1) If an application is refused, the Council shall furnish the applicant with a list of the reasons for this refusal, which reasons shall include, but not be limited to, the following:

(a) Absence of a certificate of public convenience from the Pennsylvania Utility Commission.

(b) Proof that one (1) or more of the owners is not of good moral character, has been convicted of a felony or is addicted to the use of narcotics or intoxicants.

(c) Proof that any information presented on the application is false.

(2) An applicant who has been refused a license shall have the right to demand a public hearing before the Council before such refusal shall become final.

§ 100-3 License fee for taxicab businesses.

[Amended 6-13-1973]

Before an owner's license may be issued, the applicant shall pay to the borough for the privilege of operating a taxicab business on the streets of the Borough of West Chester the sum of four hundred dollars ($400.) annually. These license fees shall be the only charges levied by the Borough of West Chester for the operation of taxicabs, except the fee for approval of operators or drivers of such taxicabs as provided herein.

§ 100-4 Expiration and renewal of owners' licenses.

All owners' licenses shall expire on the first business day of January of each year, unless previously revoked by the Borough Council. Licenses shall be renewed by filing renewal applications and paying the license fees provided for under the terms of this chapter. Where there has been no change in ownership, the license renewal shall not require any investigation by the Chief of Police, and the Borough Secretary shall have authority to renew such license without action of the Borough Council.

§ 100-5 Transfer of owner's license.

No owner's license may be transferred to another owner without approval of the Borough Council.

§ 100-6 Operation of foreign taxicabs restricted.

Any taxicab having no West Chester license may bring and discharge passengers into West Chester, but may not pick up passengers or accept any business within the Borough of West Chester for any destination either within or without the borough limits.

§ 100-7 Responsibilities of taxicab owners; changes of residence.

Owners of taxicabs shall notify the Borough Police Department of the names and address of all taxicab operators or drivers in their employ. It shall be the owner's responsibility to inform prospective drivers that they shall obtain a taxicab driver's registration from the borough. An owner shall not permit drivers to operate taxicabs in the borough without first having said drivers register with the Borough Police Department, and a violation of this provision shall result in revocation of the owner's license. All changes of residence of the owner or any operator or driver shall be reported to the Borough Police Department within three (3) days.

§ 100-8 Registration of drivers within Police Department.

No person shall drive or operate a taxicab upon the streets of the Borough of West Chester without first having registered with the Police Department, except that the operators or drivers of taxicabs entering the borough solely to discharge passengers in accordance with the provisions of § 100-6 of this chapter are exempt from this requirement.

§ 100-9 Form of registration.

All operators or drivers of taxicabs shall register in writing with the Chief of Police, upon a form provided by him, furnishing the following information:

A. Name and address.

B. Place or places of residence for the past three (3) years.

C. Age, height and color of eyes and hair.

D. Place of birth.

E. Previous employment.

F. Marital status.

G. Whether or not the applicant has ever been convicted of a felony or misdemeanor.

H. Such other information as the Council of the Borough of West Chester may require from time to time.

§ 100-10 Photograph requirement.

[Amended 5-10-1989 by Ord. No. 11-1989]

In addition to the information required in § 100-9, every application for registration as a taxicab operator or driver shall be photographed by the West Chester Police Department.

§ 100-11 Investigation of applicants; granting of permission; fingerprinting.

[Amended 5-10-1989 by Ord. No. 11-1989]

The Chief of Police or his designate shall investigate all applicants for registration as taxicab operators or drivers. He shall do everything needed to assure himself that the applicant is a suitable person to operate a taxicab, having sole discretion to grant or deny permission, but only on the basis of the provisions of this chapter or what can be fairly implied thereunder. In order to assist the Chief of Police or his designate in determining whether or not an applicant is a suitable person to operate a taxicab, said applicant shall have his fingerprints taken by the West Chester Police Department before permission is granted him.

§ 100-12 License fee for drivers.

[Amended 5-10-1989 by Ord. No. 11-1989]

Prior to any approval by the Chief of Police, an applicant shall pay to the Treasurer of the borough a fee in the sum of ten dollars ($10.) annually.

§ 100-13 Rules of conduct for drivers.

No taxicab operator or driver shall, while engaged in operating a taxicab in the Borough of West Chester, use indecent or profane language or be guilty of vile or boisterous talking, shouting or disorderly conduct.No driver shall use intoxicants either immediately before or while on duty or be a user of narcotics at any time. No taxicab operator or driver shall refuse or neglect to transport any orderly person. Operators or drivers of taxicabs shall not receive or discharge passengers in the cartway, but shall pull up to the right-hand side of the street, except upon one-way streets, where passengers may be received or discharged on either side.

§ 100-14 Identification of drivers: display required.

[Amended 5-10-1989 by Ord. No. 11-1989]

The borough shall provide a taxi driver's identification card which includes a photograph of the driver, together with a number, which shall be displayed at all times when the operator or driver is operating a taxicab.

§ 100-15 Standing restricted; cruising prohibited.

No taxicab, while waiting employment by passengers, shall stand on any public street or place other than at or upon a taxicab stand designated as such by the Borough Council, nor shall any driver seek employment by repeatedly and persistently driving to and from a short space or otherwise interfere with the proper and ordinary access to any public place or private place.

§ 100-16 Riding in front seat restricted.

No passenger shall be permitted to ride in the front seat with the operator or driver of the taxicab unless the rear seat is entirely filled.

§ 100-17 Designation of taxi stands; use of metered spaces.

A. The Borough Council is hereby authorized to designate certain on-street parking spaces as public taxicab stands. A list of these stands shall be filed with the Chief of Police. Their use shall be restricted to licensed taxicabs, and no other vehicle shall be permitted to stop or park therein.

B. No taxicab shall be permitted to park in a space regulated by a parking meter except for the express purpose of serving the passengers who have temporarily left the taxicab and will return thereto at the completion of their errand.

§ 100-18 Enforcing officer.

[Amended 5-10-1989 by Ord. No. 11-1989]

The Chief of Police of the Borough of West Chester or his designate shall be responsible for enforcing all the provisions of this chapter.

§ 100-19 Required records.

The Borough Secretary shall keep records of all owners' licenses issued under the provisions of this chapter. The Chief of Police shall keep records of all registrations as operators or drivers of taxicabs and shall keep all other records, data, documents and information required to be kept under the provisions of this chapter.

§ 100-20 Violations and penalties.

[Amended 6-13-1973; 5-10-1989 by Ord. No. 11-1989]

Any person who shall be convicted of a violation of any of the provisions of this chapter before any District Justice shall be sentenced to pay a fine of not more than six hundred dollars ($600.), together with costs of prosecution, or to imprisonment in the county jail for a term not to exceed thirty (30) days, or both.