[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.
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.
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.
[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.
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.
No owner's license may be transferred to another owner without approval
of the Borough Council.
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.
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.
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.
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:
B. Place or places of residence for the past three (3) years.
C. Age, height and color of eyes and hair.
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.
[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.
[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.
[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.
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.
[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.
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.
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.
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.
[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.
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.
[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.