[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 5-21-1996; amended in its entirety 8-6-2013 by Ord. No. 2013-03. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 194.
As used in this chapter, the following terms shall have the meanings indicated:
BUS
A motor vehicle designed for carrying more than 15 persons, including the operator.
CARRIAGE
Any flatbed wagon, hansom, hack, buggy, wagon or other means of transportation that is drawn by a horse.
CARRIAGE FOR HIRE
Any carriage, as defined above, which is used for hire.
COACHMAN
Any person assisting the driver either on the ground or on the carriage and who is capable of controlling the horse(s) in the event the driver is incapacitated or away from the carriage.
CRUISING
The driving of a bus, limousine or taxicab on the streets, alleys, or public places of the Town of Bar Harbor in search of or soliciting prospective passengers for hire.
DRIVER
The same meaning as "operator."
LIMOUSINE
A motor vehicle for hire, with a driver, that is used for the transportation of passengers and that has a seating capacity of at least five and no more than 14 persons behind the driver.
OPERATE
To drive, cause to move, steer or exercise control over a vehicle.
OPERATOR
An individual who drives, causes to move, steers or exercises control over a vehicle.
OWNER
An individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity holding title to a vehicle or having exclusive right to the use of a vehicle.
PEDICAB
A vehicle used for hire with a seating area for passengers, used to transport passengers and powered primarily by human power, with or without motorized assistance.
TAXICAB
A sedan, station wagon or minivan motor vehicle used for hire, with a driver, that has a seating capacity of fewer than five persons behind the driver.
VEHICLE
A device, whether motorized or nonmotorized, for conveyance of persons or property on a way.
It shall be unlawful for any person, firm or association or corporation to operate or cause to be operated a bus, limousine, taxicab, carriage for hire or pedicab in the Town of Bar Harbor without having first obtained therefor a license as hereinafter provided.
The provisions of this chapter relating to licensing shall not apply to owners or operators of buses, limousines, taxicabs, carriages for hire or pedicabs:
A. 
Which provide service for no charge;
B. 
Which are used for the transportation of passengers for hire in interstate or intrastate commerce, or both, provided that the owners or operators thereof hold certificates of public convenience and necessity or permits issued by the Maine Public Utilities Commission;
C. 
Which are used for public transit services operated under contract with the Maine Department of Transportation in accordance with an approved biennial operations plan; or
D. 
Carrying passengers for hire from other jurisdictions into the Town; provided, however, that it shall be unlawful for the operator or driver of any such bus, limousine, taxicab, carriage for hire or pedicab to accept any new local passengers within the Town of Bar Harbor for any destination within said Town without first having obtained a license as hereinafter provided.
A. 
Application for a license to operate a bus, limousine, taxicab, carriage for hire or pedicab in the Town of Bar Harbor shall be filed by the owner of the vehicle(s) with the Town Clerk upon forms provided by the Town of Bar Harbor.
B. 
The Town Council shall approve an application for a bus, limousine, taxicab, carriage for hire or pedicab license after determination that the applicant is fit to perform such public transportation.
C. 
Upon approval by the Town Council, the Town Clerk shall issue a license to the owner or operator provided he/she shall comply with the further conditions of this chapter and upon payment of a license fee as set from time to time by the Town Council.
D. 
All licenses so issued shall expire on the last day of the first April following their issuance.
A. 
Enforcement authority. The provisions of this chapter shall be enforced by the Bar Harbor Police Department and may also be enforced by the Code Enforcement Officer.
B. 
Violations. Each violation of this chapter following a warning or a citation issued by a police officer or the Code Enforcement Officer shall constitute a separate violation.
C. 
Warning for first violation. If a licensee has not had a warning or a citation for violation of this chapter or any previous version of this chapter within the immediately preceding 12 months, a police officer or the Code Enforcement Officer, upon concluding that there are reasonable grounds to believe that a violation of this chapter has occurred or is occurring, shall, orally or in writing, warn the licensee or the licensee's agent and shall inform the licensee or the licensee's agent of the steps necessary to correct the violation. The official issuing the warning shall endeavor to create a written record of the warning and to notify the licensee in writing of the warning and the corrective actions requested; provided, however, that a failure to do so shall not prevent subsequent enforcement actions consistent with this chapter.
D. 
Citations for subsequent violations. If a licensee has had a warning or a citation for violation of this chapter or any previous version of this chapter within the immediately preceding 12 months, a police officer or the Code Enforcement Officer, upon concluding that there are reasonable grounds to believe that a violation of this chapter has occurred or is occurring, shall issue the licensee a citation to appear in the Maine District Court to answer therefor. The official issuing the citation shall also provide a copy of the citation to the Town Council for action consistent with this chapter.
(1) 
Court action. A violation of this chapter within 12 months after a licensee or the licensee's agent has been warned about any other violation of this chapter or within 12 months after a previous conviction for violation of this chapter shall constitute a civil offense. The penalty for the conviction of a first violation in any twelve-month period shall be a fine of no less than $100 and no more than $1,000. The penalty for the conviction of a second or subsequent violation in any twelve-month period shall be no less than $100 more than the penalty assessed for the previous conviction but no more than $1,000. Any penalties assessed hereunder shall inure to the benefit of the Town of Bar Harbor. Any violation of this chapter shall be deemed a public nuisance and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction, irrespective of whether a citation has been issued or a civil penalty has been sought.
(2) 
Town Council action.
(a) 
Upon being informed that a licensee has been issued a citation for violation of this chapter, the Town Council shall provide written notice to the licensee, either in hand or by certified mail, return receipt requested, that in not less than seven days after the date of the notice the Council shall conduct a public hearing to consider whether the licensee's license shall be suspended or revoked. Neither the failure of any licensee actually to receive notice nor the licensee's refusal to accept certified mail shall necessitate another hearing or invalidate any action taken by the Council at such hearing.
(b) 
Following a hearing the Council, by a preponderance of the evidence, shall make a de-termination of whether the licensee has committed a violation of this chapter. If the Council finds the licensee has committed a violation within 12 months after the licensee or the licensee's agent has been warned about any other violation of this chapter but that within 12 months no other violation of this chapter has been found by a court or the Council to have occurred, it shall suspend the licensee's license for a period of 30 days from the date of the hearing. If the Council finds that the licensee has committed a violation within 12 months after any other violation has been found by a court or the Council to have occurred, it shall revoke the licensee's license for a period of one year from the date of the hearing.
No person shall drive a bus, limousine or taxicab unless duly licensed by the State of Maine.
Every owner of a bus, limousine, taxicab, carriage for hire or pedicab shall present such vehicle to the Chief of Police or his/her designee for inspection before placing it in service and at least annually immediately prior to obtaining a license as herein provided. Any bus, limousine, taxicab, carriage for hire or pedicab which is deemed, after such inspection, to be unsafe or unsuitable for service may be immediately ordered out of service by the Chief of Police until it shall be made safe and suitable for such service. No bus, limousine, taxicab, carriage for hire or pedicab that is subject to this chapter shall be used to provide public transportation unless the owner thereof has proof of inspection as required by this section.
No license to operate a bus, limousine, taxicab, carriage for hire or pedicab may be sold, as-signed, mortgaged or otherwise transferred.
No bus, limousine, taxicab, carriage for hire or pedicab owner, operator or driver shall by him-self or by another under his/her direction stand or remain in any public street, sidewalk, or park or in any doorways or other place adjacent to a public street, sidewalk, or park within the Town of Bar Harbor and by calls, cries, ringing of bells, or the operation of any noise-making, -producing or -amplifying device or by any other vocal or physical means solicit passersby or attract their attention to the vehicle.
Drivers of buses, limousines, taxicabs, carriages for hire or pedicabs shall not receive or dis-charge passengers in the roadway but shall pull to the extreme right-hand side of the road and there receive or discharge passengers, except upon one-way streets where passengers may be discharged at either side of the roadway, in the absence of a sidewalk. Owners or operators of vehicles required to obtain a license under § 40-2 shall not use designated loading zones to receive or discharge passengers.
No driver shall permit any other person to occupy or ride in a taxicab, carriage for hire or pedicab unless the person or persons first employing the taxicab, carriage for hire or pedicab consent to the acceptance of an additional passenger or passengers.
No operator shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so; provided, however that the operator of a pedicab may refuse to convey a person or persons if he/she reasonably judges that he/she is physically unable to transport such person or persons or if he/she determines that he/she cannot practicably travel the distance requested.
No driver shall cruise in search of passengers within the corporate limits of the Town of Bar Harbor.
The Town Council may designate, from time to time, by an order of the Council, certain parking spaces to be used during specific hours and between specific dates exclusively for the parking of buses, limousines, taxicabs, carriages for hire or pedicabs. Fees for such exclusive use, as well as regulations, may be set by the Town Council from time to time, if deemed necessary in the public interest. Said fees, if charged, shall be in addition to those annual license fees as set forth in § 40-4 above.
Section 40-14 above shall not be construed to limit the Police Chief's authority to designate temporary parking spaces for large vehicles, as set forth in Chapter 194, Vehicles and Traffic, § 194-21 of this Code.
No license shall be issued to operate any bus, limousine, taxicab, carriage for hire or pedicab until the owner of said vehicle has filed with the Town Clerk a certificate from a reputable insurance agency showing that the vehicle is insured for the period of the license covering liability for injuries to persons and property damage resulting from the use and operation of such vehicle. Said insurance or insurance coverage shall be issued for a principal sum sufficient to provide indemnity for personal injury or property damage in at least the minimum amount required by the State of Maine. In the case of carriages for hire and pedicabs, such insurance shall be in the minimum amount required by the State of Maine for passenger vehicles. No bus, limousine, taxicab, carriage for hire or pedicab that is subject to this chapter shall be used to provide public transportation unless it is covered by insurance as required by this section.
A. 
Public ways only. Vehicles subject to this chapter shall be operated only on and within public ways and not on or within sidewalks or public parks.
B. 
Pedicabs and carriages for hire subject to traffic regulations. Pedicabs and carriages for hire shall be subject to all state and local traffic regulations and ordinances that apply to the operation of motor vehicles.
C. 
Pedicabs and carriages for hire not to interfere with pedestrians or motorized vehicles. No pedicab or carriage for hire shall be operated in any manner that unreasonably obstructs the flow of motorized vehicles or pedestrian traffic or that otherwise endangers public safety. A police officer of the Town of Bar Harbor shall have the right to prohibit pedicabs and carriages for hire from routes or public ways where, in the opinion of such officer, the operation of pedicabs and carriages for hire on such routes or public ways will present a threat to the safety of the operator or passengers or to other users of the routes or public ways or will unreasonably interfere with the passage of pedestrians or motor vehicles. In addition, when necessary for public safety or the free flow of pedestrians or motor vehicles, a police officer may at any time order the operator of a pedicab or carriage for hire to move along, pull over, make way or temporarily discontinue the use of a particular way or route.
A. 
Operation:
(1) 
Carriages for hire may be operated only on ways that have a speed limit of 35 miles per hour or less, except to cross intersections or in accordance with an exception permit issued by the Police Chief.
(2) 
In addition, carriages for hire may be operated only on ways approved by the Police Chief, although an exception permit may be obtained from the Chief for special events such as weddings, funerals or special occasions.
(3) 
Every carriage shall be driven with caution and due care for the safety of others in conformance with all applicable traffic laws, and always with the horse(s) under complete control.
(4) 
Drivers shall not permit a horse to pull a carriage at a speed faster than a trot, except in an emergency situation.
(5) 
Drivers shall not leave a carriage, except for brief periods of less than five minutes while a coachman holds the horse(s) in place.
(6) 
Drivers shall not use a cell phone while in a carriage unless there are no passengers on board, the carriage is parked, and the coachman is holding the horse(s) in place.
(7) 
Carriage owners and drivers must treat urine with water, wood shavings or a chemical deodorizing solution (Sweet PDZ, or equal) as well as remove any manure from the street, as soon as reasonably practicable.
(8) 
Carriage owners or drivers shall not willfully impede the normal flow of motor vehicle traffic on any Town street. Carriages are required to pull promptly to the nearest curb when more than two vehicles are unable to safely pass or continue in the normal flow of traffic.
(9) 
Carriages, when in motion, shall be operated only in the right-most traffic lane on any street, except when making a left-hand turn.
(10) 
No carriage owner or driver shall allow any passenger to ride on any part of the carriage while in motion except seated inside the carriage.
B. 
Equipment and maintenance. Every carriage shall:
(1) 
Be maintained in a clean, sanitary and safe mechanical condition and at all times suitable for public transportation of passengers;
(2) 
Be equipped with two operational red taillights, having a minimum surface area of six square inches, which shall be illuminated during the period between sunset and sunrise;
(3) 
Be equipped with lights that will emit to the front and side, light visible from a distance of 500 feet, which shall be illuminated during the period between sunset and sunrise;
(4) 
Have attached to the rear of the carriage a slow-moving vehicle reflective triangle approved by the Maine Department of Transportation;
(5) 
Be equipped with an effective manure-catching device for each horse;
(6) 
Be equipped with an effective foot brake in working order, either friction or hydraulic;
(7) 
Have the carriage owner's name, address and phone number posted on the interior of the carriage so it is clearly visible to the occupants;
(8) 
Have a current certificate of insurance in the carriage at all times, which shall be shown to any police officer upon request.
C. 
Care of horses.
(1) 
No driver shall place a horse into service that is not fit for such service.
(2) 
For each horse placed in service, the carriage owner shall possess a certificate of soundness issued within the previous 12 months by a veterinarian licensed within the State of Maine and shall show that certificate to any police officer upon request.
(3) 
Each horse shall have its hooves maintained in an appropriate condition for street surfaces.
(4) 
No horse shall be subjected to any condition or treatment which impairs its health or physical condition.