[HISTORY: Adopted by the Board of Aldermen
of the City of Nashua 3-24-1998 by Ord. No. O-98-18 (Secs. 21-16 to 21-41
of the 1987 Code). Amendments noted where applicable.]
[Amended 9-13-2000 by Ord. No. O-00-45]
For the purpose of this chapter, the following
definitions shall apply:
Within the past seven years, any felony convictions, including
but not limited to, convictions involving a controlled substance,
violence, or crimes against persons, or any criminal misdemeanor convictions
involving a controlled substance, violence, or threats of violence,
or crimes against persons.
Within the past seven years, conviction as a habitual offender,
or for reckless driving, operating under the influence, or any motor
vehicle convictions which may affect the safety of persons or property.
A vehicle powered by two or more energy sources, one of which
is electricity. Hybrid electric vehicles may combine the engine and
fuel of a conventional vehicle with the batteries and electric motor
of an electric vehicle in a single drivetrain.
[Added 2-23-2010 by Ord. No. O-10-05; and 2-23-2010 by Ord. No.
O-10-06]
The permanent loss of a taxicab vehicle license or taxicab
driver's license.
The temporary loss of a taxicab vehicle license or taxicab
driver's license.
Any motor vehicle; having a manufacturers rated capacity
of not more than seven passengers, used in the call and demand transportation
of passengers from within the limits of the City to a destination
inside or outside of the City, for compensation to or from points
chosen or designated by the passengers and not operated on a fixed
schedule, between fixed termini, or any such vehicle leased or rented,
or held for leasing or renting, with or without driver or operator.
This definition shall not include a motor vehicle subject to regulation
by the Public Utilities Commission of the state; sightseeing buses
or limousines designed to carry eight persons or more from a fixed
place to places of interest about the City; motor vehicles collecting
fares by tickets or coupons sold for interstate transportation; or
motor vehicles owned by any person, firm, corporation, or association
engaged in the business of providing transportation services to another
person, firm, corporation, or association solely under the terms of
written and signed contracts and which are not otherwise engaged in
the solicitation of occasional passengers.
Any person, firm, corporation or association engaged in the
business of transporting passengers in a taxicab from one destination
to another for a fee. A taxicab company may provide its own dispatching
service or lease such service.
Any person, firm, corporation, or association engaged in
the business of providing dispatch service for taxicabs for the purpose
of transporting passengers from one destination to another for a fee.
Any individual who has a valid taxicab driver's license.
The Mayor, the Chief of Police, City Solicitor/Corporation
Counsel, and the City Clerk, or a designated representative of any
of these named persons.
[Amended 9-13-2000 by Ord. No. O-00-45]
A.
It shall be unlawful for any person, firm, or corporation
to engage in the business of operating a taxicab company in the City
without first having secured a taxicab vehicle license for each taxicab
from the City.
B.
Applications for a taxicab vehicle license shall be
made to the City Clerk upon a form to be determined by the City Clerk.
The application shall include:
(1)
The name, date of birth, social security number, home
address, home phone number, business name, business address and business
phone number of the applicant, and name, address, and phone number
of intended dispatch service.
(2)
If the applicant is any type of business entity, such
as a corporation, partnership, etc., a list of the names, dates of
birth, social security numbers, home addresses, and home phone numbers
of any other person or persons having an interest in the business.
(3)
A description, including the manufacturing year, make,
model, motor vehicle license plate state and number and vehicle registration
number, of the proposed taxicab.
(4)
A copy of the vehicle's registration.
(5)
A certificate of insurance, signed by an insurance
company licensed to do business in the state, indicating that the
applicant has been issued an insurance policy by that insurance company,
indemnifying the applicant in an amount not less than $100,000 for
injury to one person or $300,000 for injury to more than one person,
and $25,000 property damage in any one accident, arising out of the
operation of each taxicab of the applicant. Such certificate shall
also provide that the insurance company shall not change, terminate
or cancel the policy prior to the expiration date except upon 30 days
advance written notice to the City Clerk. The certificate of insurance
shall indicate the maximum number of taxicabs which may be in use
for passenger service under the provisions of the insurance policy,
including the year, make, model, motor vehicle license plate state
and number and vehicle registration number of each.
(6)
Completed and notarized New Hampshire Department of
Safety Division of State Police Criminal Record Release Authorization
Form and Motor Vehicle Record Release Authorization Form, authorizing
the City Clerk and/or the Police Department to obtain the criminal
and motor vehicle records of anyone named on the taxicab vehicle license
application.
C.
The City Clerk shall issue an original or renewed
taxicab vehicle license after receipt of the application and a full
review by appropriate personnel. The City Clerk shall have the Nashua
Police Department check the criminal and motor vehicle records on
anyone named on the taxicab vehicle license application for the seven
years preceding the application. The City may choose to limit the
total number of taxicabs that may operate in the City, but will not
do so without first holding a public hearing before the Taxicab Oversight
Committee.
A.
An applicant for a taxicab vehicle license must meet
the following minimum requirements:
(1)
Taxicabs shall be equipped with two-way communication
equipment and have an arrangement for calling for prompt assistance
in the event of a breakdown en route.
(2)
The taxicab company shall publish hours of dispatch
service in all display advertising.
(3)
The taxicab company shall have a published business
telephone number.
B.
In addition to those standards set forth in this chapter,
a taxicab vehicle license shall be denied to the following persons:
(1)
To a corporation which is not licensed to do business
in the state.
(2)
To an applicant other than the registered owner or
lessee of the vehicles.
(3)
To a corporation if any principal officer thereof
or any person having actual ownership interest therein has a disqualifying
criminal conviction.
(4)
To an applicant, other than a corporation, if such
applicant or any person having an actual ownership interest or management
authority therein has a disqualifying criminal conviction.
C.
In addition to those standards set forth in this chapter,
a taxicab vehicle license may be denied to any applicant who has had
a taxicab vehicle license previously revoked.
[Amended 9-13-2000 by Ord. No. O-00-45]
A.
No person shall drive a taxicab unless they have secured
a license therefor as herein provided.
B.
Applications for a taxicab driver's license shall
be made to the City Clerk upon a form to be determined by the City
Clerk. The application shall include:
(1)
The name, date of birth, home address, social security
number, and telephone number of the applicant, as well as the applicant's
home addresses and dates of residence for the past one year.
(2)
The name, address and nature of the applicant's previous
employment.
(3)
The name, address, telephone number and relationship
of someone to contact in case of emergency.
(4)
Whether the applicant is currently employed or expects
to be employed by a taxicab company, and the name, address, and phone
number of the company. Whether the applicant intends to lease a vehicle
or utilize the services of a taxicab company or taxicab dispatch company,
and the name, address, and phone number of the company.
(5)
Proof of possession of a valid driver's license.
(6)
A statement signed by the applicant that he or she
is not aware of any physical or mental impairment that might prevent
the safe operation of a motor vehicle.
(7)
Completed and notarized New Hampshire Department of
Safety Division of State Police Criminal Record Release Authorization
Form and Motor Vehicle Record Release Authorization Form, authorizing
the City Clerk and/or the Police Department to obtain the applicant's
criminal and motor vehicle records in the State of New Hampshire.
(8)
A statement signed by the applicant that he or she
has not been convicted of a felony or misdemeanor in any state, or
if the applicant has been convicted of a felony or a misdemeanor,
a date and description of the felony or misdemeanor.
(9)
A statement signed by the applicant that he or she agrees to submit to random drug tests and that such information may be shared with governmental entities, agencies, or departments that participate in that random test pool as provided for in § 300-18. The Police Department and the City Clerk may order an applicant to report to a local site for a drug test at any time. The applicant will sign a release for the results of the drug test to be sent directly to the City Clerk.
(10)
Any other information reasonably required by the Police
Department or City Clerk.
C.
The following shall be part of the application process:
(1)
The City Clerk shall have the Nashua Police Department
check the applicant's criminal and motor vehicle records for the seven
years preceding the application.
(2)
The City Clerk shall take two photographs of the applicant,
for a fee of $2. One of these photos, along with a copy of the applicant's
driver's license, shall be forwarded to the Nashua Police Department.
D.
In addition to the application requirements set forth
in this section, a license to drive a taxicab shall be denied to the
following persons:
(1)
An applicant who has not attained the age of 18 years.
(2)
An applicant who has received a disqualifying criminal
conviction, or who has been imprisoned at any time during the preceding
seven-year period for a disqualifying criminal conviction, provided
that the conviction was for an offense rationally related to the purpose
of licensing taxicab drivers.
(3)
An applicant who has received a disqualifying motor
vehicle conviction, or whose privilege to operate a motor vehicle
in any jurisdiction has been revoked or suspended at any time during
the one year preceding the application for any reason.
E.
An applicant who is denied a taxicab driver's license
under the standards of this section, or who has reason to believe
that they may be denied a taxicab driver's license under these standards,
may file a written request for a review of the application by the
Taxicab Oversight Committee. The Committee will approve or disapprove
the fitness of the applicant for a taxicab driver's license. The Committee
may require the submission of qualifying evidence to make an assessment,
including character references, alcohol or drug treatment records,
and/or evaluation by a qualified professional, and may set such conditions,
review procedures, or monitoring activities as it deems appropriate
as a condition of licensure.
F.
The City Clerk shall make and keep a written record
of every decision to deny an application for a taxicab driver's license
for a period of one year.
G.
The City Clerk shall issue an original or renewed
license after receipt of application or renewal documentation and
upon full review by appropriate personnel.
A.
The annual fee for a taxicab vehicle license is $75
per vehicle, except that the annual fee for a taxicab vehicle license
for a hybrid electric vehicle is $1 per vehicle. Licenses shall expire
annually on April 30. The taxicab business shall conspicuously and
permanently affix the vehicle license, a single metal plate issued
by the City Clerk, bearing the vehicle license number, to the lower
left-hand corner of the trunk deck or tailgate, in such a fashion
that it shall be clearly visible to the public from the rear of the
vehicle. This plate shall be firmly fastened to the body of the vehicle
in such a manner that it will not easily become detached, and under
no conditions will the plate be attached to the state registration
plate or the bumper of the taxicab. The number of plates issued to
a taxicab company shall not exceed the maximum number of vehicles
that may be in passenger service under their insurance certificate.
Vehicle license renewals shall occur annually between April 1 and
April 30 of each year.
[Amended 2-23-2010 by Ord. No. O-10-06]
B.
The annual fee for a taxicab driver's license is $50.
Each license to drive a taxicab shall expire annually on April 30.
Renewal of each license must be requested at least 30 days prior to
license expiration. The City Clerk shall deliver to the licensee an
identification card, approximate size of four inches by six inches,
setting forth the number and terms of the license, a photograph, the
name and personal description of the licensee, including age, height,
weight, complexion, color of hair, and color of eyes. The licensee's
address shall be placed on the back of the license. The licensee shall,
when driving or in charge of a taxicab, display the identification
card conspicuously in a holder in his taxicab. The licensee shall
show the card whenever so requested by a representative of the City
Clerk's office, any passenger, or any law enforcement officer.
[Amended 9-13-2000 by Ord. No. O-00-45]
A.
No taxicab driver's license shall be effective for
the purposes of this chapter during any period in which the driver's
motor vehicle license is suspended or revoked, or following a positive
drug test as provided for under this chapter until such license is
reinstated by the Committee; and no taxicab vehicle license shall
be effective for the purposes of this chapter during any period in
which the owner's insurance coverage, as required under this chapter,
is no longer in effect or does not meet the coverage requirements
of this chapter. Until the circumstances that led to the suspension
have been corrected, the City Clerk may not restore the suspended
taxicab vehicle license.
B.
The City Clerk may suspend or revoke any license granted
under the provisions of this chapter after a violation of this chapter
or for cause. The City Clerk shall make reasonable attempts to notify
the licensee in writing of the Clerk's decision using the licensing
information available. If desired, the licensee may make a written
request for a hearing before the Taxicab Oversight Committee within
45 days of the suspension or revocation. The City Clerk shall schedule
a hearing within 20 days of the licensee's date of request, notifying
the licensee of the date. The Taxicab Oversight Committee may restore
the license, sustain the suspension or revocation, or otherwise set
such conditions on the license as it deems appropriate. The licensee
will be notified of the decision of the Committee, which shall be
final.
C.
A license may be suspended or revoked upon a finding
that the licensee has:
(1)
Had a positive drug test or failed to report to a
drug test when notified, or failed to sign a release for the results
of the drug test to be sent directly to the City Clerk.
(2)
Falsified any record, document, or information required
to be kept or submitted by this chapter or failure to supply information
asked or required of the applicant.
(3)
Driven or authorized any person to drive a taxicab
which was not properly equipped and in safe condition as required
by the laws of the state or the provisions of this chapter.
(4)
Used, or authorized to be used, a trade name, color
scheme, or other identification upon a taxicab or in any advertising
or public listing, which was likely to be confused with the registered
trade name, scheme, or identification of another licensee or which
tended to deceive or mislead the public as to the type of service
offered.
(5)
Carried any passenger to his destination by a route
that was not the most direct, unless the most direct route was not
safe, or the customer specifically authorized or requested the deviation
or alternate route.
(6)
Refused to accept as a passenger any person who requested
transportation when the taxicab was not already carrying a passenger,
unless the taxicab is traveling to pick up a fare, the potential passenger
creates a hazard to the driver's safety or utilizes the taxicab for
an illegal purpose, or the taxicab has its "out-of-service" sign displayed.
(7)
Drove or authorized a driver to drive a taxicab without
a valid taxicab driver's license.
(8)
Declined to provide service to a neighborhood of the
City, or refused to respond to a call from a dispatcher because of
the location of the pickup.
(9)
Violated any provision of this chapter.
(10)
Received a disqualifying criminal conviction, provided
that the conviction was for an offense rationally related to the purpose
of the licensing of taxicab drivers.
(11)
Received a disqualifying motor vehicle conviction
or had their motor vehicle drivers license suspended or revoked in
any jurisdiction.
A.
Licenses granted under this chapter shall remain the
property of the City and are to be returned to the City Clerk's office
during a period of suspension, after revocation, or if the taxicab
company ceases to operate.
B.
No taxicab vehicle license held by a corporation,
association, partnership, individual, or other entity shall be transferred
to another.
C.
No taxicab driver's license shall be transferred to
another individual.
A.
Only taxicabs with a current taxicab vehicle license
from the City of Nashua may pick up passengers within Nashua if they
are also being dropped off within Nashua. Taxicabs licensed in other
cities or towns may pick up or drop off fares in Nashua if such fares
are dropped off or picked up in another City or town.
B.
Only taxicab operators with a current taxicab driver's
license from the City may pick up passengers within Nashua if they
are also being dropped off within Nashua. Taxicab drivers licensed
in other cities or towns may pick up or drop off fares in Nashua if
such fares are dropped off or picked up in another City or town.
A.
The dispatcher, if called by the passenger, and the
taxicab operator, when the passenger enters the taxicab, must both
clearly state the total amount of the fare. If the passenger requests
additional service, the taxicab operator will clearly state the new
total fare.
B.
For waiting time after the cab has arrived at a requested
place and time of call or while standing at the direction of the passenger,
the taxicab may charge no more than $0.25 for each minute or fraction
thereof.
C.
No charge shall be made for waiting in advance of
the time at which the cab is wanted as given in the call nor for delay
due to inefficiency of the taxicab or its operation.
D.
The taxicab driver shall carry hand luggage free.
E.
There shall be no additional charges added on for
cab sharing.
Taxicab drivers shall provide customers with
a receipt, when requested. The receipt shall include the following
information in legible form:
[Amended 9-13-2000 by Ord. No. O-00-45]
A.
Each taxicab company with at least one licensed taxicab,
and taxicab dispatch company shall be required to keep a log detailing
all requests for services as received and shall contain no less than
following information: date and time call received, address of caller,
destination, cab to which call was assigned, name of driver and fare
charged. The log shall be maintained in order by date at the principal
place of business of each taxicab company or taxicab dispatch company
for the current calendar year and for the calendar year immediately
preceding the current calendar year and shall be made available upon
request, for review by any law enforcement agency or by the office
of the City Clerk.
B.
Every taxicab vehicle owner shall provide for each
of his licensed taxicabs a suitable logbook in which shall be kept
the name of the driver, the date, time, origin of trip, and destination,
and amount of each fare. If a trip is made pursuant to a contract
as may be allowed by this chapter, the log shall show the fare charged
and the identification of the contract under which the transportation
was provided. The logbook shall be kept available for inspection by
members of the Police Department and the office the City Clerk, and
shall be preserved for at least one year from the date of the last
entry at the address for which the vehicle license is issued.
C.
A taxicab company or taxicab dispatch company shall
notify the City Clerk within three days of receipt of any knowledge
that a taxicab driver has had his motor vehicle operator's license
suspended or revoked by the state. Similarly, if the City Clerk shall
be made aware that a taxicab driver has had their motor vehicle operator's
license suspended or revoked, the City Clerk shall notify the taxicab
business with which the driver is associated with, as may reasonably
be determined by the licensing documentation, of the suspension of
the licensee's taxicab driver's license by the City.
D.
Any person with a taxicab vehicle license or a taxicab
driver's license shall notify the City Clerk in writing within 10
days of any change of address.
E.
Any taxicab vehicle owner or taxicab driver shall
notify the City Clerk within three days of receiving a felony or misdemeanor
criminal conviction or motor vehicle conviction or notification that
their motor vehicle license has been suspended or revoked by any jurisdiction.
[Amended 9-13-2000 by Ord. No. O-00-45]
A.
It shall be the responsibility of the owner of each
taxicab to keep the taxicab in safe and operable condition according
to the state motor vehicle inspection laws. In addition to the annual
inspection required by the state, a second midyear inspection of taxicabs
is to be made in the sixth month following the required state inspection.
All inspections shall be done at a New Hampshire registered inspection
station. Within 10 days after the end of the midyear inspection month,
the City Clerk must receive proof that the taxicab passed the additional
midyear New Hampshire state inspection. The taxicab owner is responsible
for all costs related to these inspections.
B.
In addition to the inspections required by Subsection A, once a year, during the same month as the state-required annual inspection, all taxicabs must report to the Nashua Police Department for a brief inspection by the police, focusing on the general condition and appearance of the car and adherence to the requirements of this section. The Police Department and the City Clerk shall communicate with each other to ensure that all police inspections occur in a timely manner.
C.
The City Clerk shall be notified in writing of any
physical damage to a taxicab within 48 hours of such damage. Such
notification shall include a copy of any written report submitted
to the insurance company, if one exists. The City Clerk or Police
Department may order a special inspection of the damaged vehicle at
a New Hampshire registered inspection station. All taxicabs must be
repaired as expeditiously as possible, and at most within 30 days,
unless an extension is granted by the City Clerk.
D.
Every vehicle used as a taxicab shall be a sedan or
station wagon with a passenger and cargo volume of 110 cubic feet
or more, van, minivan, sport utility vehicle, or special purpose vehicle
as listed in the United States Department of Energy’s Fuel Economy
Guide. Notwithstanding the foregoing, all four door hybrid electric
vehicles qualify to be used as taxicabs.
[Amended 2-23-2010 by Ord. No. O-10-05]
E.
Every vehicle used as a taxicab shall not be more
than nine years old by model year.
F.
Every vehicle used as a taxicab shall be maintained
consistent with the vehicle's original intended appearance, taking
into account normal wear and tear. Every taxicab shall be washed on
a regular basis.
G.
The interior of all taxicabs shall be clean and sanitary
at all times, and shall be suitable for the occupancy and safety of
passengers. At a minimum, the taxicab shall be thoroughly cleaned
at least once a week.
H.
Every vehicle used as a taxicab shall be of the closed
type, having at least two operational doors for direct and unimpeded
access to the passenger area behind the driver's seat. The doors shall
be so constructed so that they will remain securely fastened during
normal operation, while the taxicab is in motion, but may be readily
opened by a passenger in case of emergency. The taxicab shall have
operational windows that roll down at least halfway.
I.
Every vehicle used as a taxicab shall have seats that
are intact, and not torn or ripped.
J.
The taxicab vehicle license number shall be displayed
on the rear side posts of the taxicab, in clearly visible numbers
of a minimum three inches in height.
K.
Every owner of a taxicab which is temporarily removed
from passenger service shall clearly identify such vehicle as being
"out of service" via an exterior light, if so equipped, or by placing
a placard in the vehicle's rear window identifying the vehicle as
being out of service. The placard shall be placed in such a way so
as to be visible from the rear but not so it is in conflict with state
motor vehicle regulations.
L.
All drivers shall be courteous to the public, clean
and neat in appearance, shall not drink intoxicating liquors during
their hours of employment, shall operate their vehicles at a reasonable
rate of speed and shall obey the laws of the road and all traffic
regulations. Each taxicab driver may decide if their passengers will
be allowed to smoke inside the taxicab. Upon the request of a passenger,
the taxicab driver will refrain from smoking inside the taxicab.
M.
Every taxicab owner shall post a notice in each taxicab
that shall state that any passenger who wishes to complain or comment
about any aspect of the taxicab or driver may call or write to the
City Clerk, and shall provide the correct address and telephone number.
N.
Every vehicle used as a taxicab will be subject to
random inspections. Owners will be given no more than 10 working days
to correct deficiencies and may be ordered to take vehicles out of
service until such deficiencies are corrected.
O.
Every taxicab licensed under the provisions of this
chapter shall have displayed near the outside of each forward door
or of each rear door, the name or the trade name of the taxicab company
or taxicab dispatch company holding the vehicle license, in clearly
visible letters of at least three inches in height.
A.
No taxicab drivers shall directly solicit customers.
B.
No taxicab driver shall carry any person other than
the passenger first employing his cab without the consent of the first
passenger.
C.
Any taxicab agent at any bus, railroad, airport, or
other terminal or station, before directing a second passenger to
a taxicab employed, shall ask the person first employing the taxicab
if be consents to another passenger or passengers.
D.
No taxicab shall stop to take on or discharge passengers
at any place or on any street or square except at the curb or as near
thereto as possible. Passengers shall be permitted to enter or leave
the vehicle only from the side nearest the curb, unless there are
extraordinary circumstances.
E.
No person may sit or ride upon any fender, dash, step,
top or door of any taxicab.
Taxicab drivers must check vehicles at the end
of each shift for any articles of value left behind by passengers.
When possible, the taxicab company or taxicab dispatch company shall
notify the passenger within 24 hours with notice of the found articles.
The Police Department shall also be provided with a description of
any such articles within 24 hours unless reclaimed by passengers prior
to that time, and the taxicab company or taxicab dispatch company
shall retain all lost articles for a period of 60 days from the date
of notice to the Police Department before disposing of the articles.
The holder of a taxicab vehicle license and
the holder of a taxicab driver's license shall not:
A.
Operate or allow the operation of a taxicab in violation
of any of the provisions of the highway laws of the state or of the
ordinances of the City regulating traffic.
B.
Demand a fare in excess of the amount previously quoted.
C.
Use a scanning device, radio, or any instrument to
intercept calls of other cab companies.
D.
Fail to maintain a log detailing all requests for
services as required in such a manner that the activities of a particular
company and/or leased vehicle cannot be properly identified and reviewed
by the office of the City Clerk or a law enforcement officer.
E.
Refuse to cooperate with state or local police.
F.
Violate any other provisions of this chapter.
[Amended 9-13-2000 by Ord. No. O-00-45]
A.
It is the policy of the City that licensed drivers
of taxicabs (hereinafter the "licensees") shall not be substance abusers.
The abuse of alcohol or the use of illegal drugs reduces awareness
and increases the potential for accidents. Substance abuse thereby
increases both the risk of injury to fares and citizens of the City
and the risk of damage to public and private property.
B.
It is the policy of the City that the use or possession
of alcohol beverages or illegal drugs by taxicab licensees while on
duty is prohibited. Licensees shall not report for duty under the
influence of alcoholic beverages or with sufficient amounts of illegal
drugs in their system so as to give rise to a positive drug test or
impair their job performance. For the purposes of this chapter, the
term "illegal drugs" means any intoxicant, any narcotic, marijuana,
or any controlled drug, save medication prescribed for a licensee
by a licensed physician, presuming the use of such is consistent with
the prescription and with the operation of a motor vehicle. Violations
of this policy shall result in disciplinary action, including immediate
suspension of the vehicle license.
[Amended 9-13-2000 by Ord. No. O-00-45]
A licensee is expected to report for duty in
appropriate mental and physical condition for work. Accordingly, a
licensee shall not:
A.
Work or report to work under the influence of alcohol
or illegal drugs. A licensee shall be deemed under the influence of
alcohol if he or she has an alcohol concentration of 0.02 or more
or is impaired to any degree as a result of the consumption or use
of alcohol. A licensee shall be deemed under the influence of illegal
drugs if he or she has sufficient quantities of controlled drugs in
his or her system to give rise to a positive finding on a drug test
or is impaired to any degree as a result of the consumption, inhalation,
or injection of alcohol, drug, or any other intoxicating substance,
or any combination thereof;
B.
Consume alcohol or possess an open container while
on duty;
C.
Engage in any drug-related conduct prohibited under
state or federal law; or
D.
Engage in any other manner of conduct involving alcohol,
drugs, or any other intoxicating substance which adversely affects
his or her job performance or is detrimental to the safety of his
or her welfare or the public.
[Amended 9-13-2000 by Ord. No. O-00-45]
A.
Prelicensing. All applicants for licensure must submit
to a urine drug test as evidence he or she does not use illegal drugs.
The test shall be conducted by a local physician, lab or hospital
in accordance with Substance Abuse and Mental Health Services Administration
(hereinafter SAMSHA) standards. The applicant shall complete the test
at a time and place specified by the office of the City Clerk. A temporary
license shall be issued pending receipt of the results of the prelicensing
test.
B.
Random testing. The City will conduct random drug
and alcohol testing. All licensees will be included in a random selection
system. This system shall provide an equal chance for each licensee
to be selected for each random test. Accordingly, a particular licensee
may be selected for successive tests or may not be selected at all
throughout the year. Random tests shall be reasonably spread throughout
the year. The City shall annually test a minimum of 50% of its licensees
for drugs and a minimum of 25% of its licensees for alcohol. Upon
notification of selection, a licensee shall complete the test at a
time and place specified by the office of the City Clerk. The test
shall be conducted by a local physician, lab or hospital in accordance
with SAMSHA standards. All random drug and alcohol tests shall be
paid for by the City; however, any other costs associated with a second
analysis of the licensee's specimen, counseling, treatment, rehabilitation
or other medical follow-up shall be paid for by the licensee.
[Amended 9-13-2000 by Ord. No. O-00-45]
A.
Any applicant who tests positive for the presence of any of the drugs set forth herein shall be deemed unsuitable for licensure. Any licensee who tests positive for any of the substances set forth herein shall be deemed unsuitable for continued licensure and shall be subject to the provisions of § 300-6. The substances for which the City may test are:
B.
The City reserves the right to expand the scope of
substances for which it will test at any time.
[Amended 9-13-2000 by Ord. No. O-00-45]
Any person licensed to drive a taxicab by the
City shall be deemed to have given consent to the drug and alcohol
tests employed by the City under this chapter. Refusal to submit to
any drug and alcohol test established herein shall be grounds to suspend
a license. Any conduct intended to obstruct or unreasonably delay
the proper administration of a test shall be deemed a refusal to submit
to the test. In the event that a licensee cannot provide a sufficient
urine or breath specimen, the City may direct the individual to a
physician for purposes of evaluation. If the physician cannot find
a legitimate medical explanation for the licensee's inability to provide
a sufficient urine or breath specimen, the licensee shall be deemed
to have refused to submit to the test.
[Amended 9-13-2000 by Ord. No. O-00-45]
A.
Any licensee who engages in prohibited conduct shall
be provided with the names, addresses and telephone numbers of a qualified
substance abuse professionals (SAP). In order to requalify for a license,
the licensee shall be evaluated by the SAP, submit to any treatment
the SAP prescribes, and successfully complete a return-to-duty and/or
alcohol test. The licensee shall also be subject to follow-up testing.
Follow-up testing is separate from and in addition to any prelicensing
or random testing procedures. The schedule for follow-up testing shall
be unannounced and in accordance with instructions of the SAP. Follow-up
testing may continue for a period of up to 12 months following the
licensee's return to duty. Follow-up testing shall consist of no fewer
than six tests. The cost of any SAP evaluation, prescribed treatment,
return to duty and follow-up testing shall be paid by the licensee.
[Amended 9-13-2000 by Ord. No. O-00-45]
A.
All specimens collected under this chapter will be
submitted to a laboratory certified by SAMSHA. All specimens initially
testing positive will be confirmed by a subsequent confirmation test
before the laboratory reports a result as positive. The laboratory
shall report all positive laboratory test results to the medical review
officer. The licensee or applicant shall also be notified of any positive
laboratory test results and have an opportunity to explain to the
medical review officer such result. In the event the medical review
officer determines there is no legitimate basis for the licensee's
objection, the test will stand as reported. In the event the medical
review officer determines there is an explanation for the positive
test result other than the use or abuse of illegal drugs or alcohol,
the test result shall be reported back as negative.
B.
A licensee or applicant whose test results are positive
may, at his or her own expense, request a retest of the original sample.
Such a request shall be made within 72 hours of the licensee or applicant
being notified of the original test results; otherwise, any right
to retest shall be deemed waived. The retest shall be performed by
a SAMSHA certified lab. In the event the retest demonstrates a negative
result, the licensee will be reimbursed for the cost of the retest.
[Amended 9-13-2000 by Ord. No. O-00-45]
A.
In addition to any other penalty permitted under this chapter, a licensee shall be subject to immediate suspension in accordance with the procedures established in § 300-6 if he or she:
B.
Notwithstanding any other provisions of this chapter, any licensee having an alcohol concentration between 0.02 to 0.039 shall immediately be suspended for a period of 10 days. If the licensee has any subsequent violation of any alcohol prohibition, he/she shall be required to comply with the provisions of § 300-21 in order to requalify for licensing.
[Amended 9-13-2000 by Ord. No. O-00-45]
Individual test results and rehabilitation records,
if any, for applicants and licensees shall only be used to determine
adherence to this chapter and in defense of any administrative or
judicial action initiated by the licensee against the City. Unless
release is required under NH RSA Chapter 91-A or by a valid subpoena,
the test results and rehabilitation records shall be kept strictly
confidential and released only upon the written consent of the person
who submitted to the test. However, any individual who has submitted
to drug testing in compliance with this chapter is entitled to access
to his or her records related to such testing upon written request
as long as such is available.
[Amended 9-13-2000 by Ord. No. O-00-45]
There is established a special account to be known as the Substance Abuse Testing Account. Such account shall consist of any money appropriated or received for the purposes of this chapter and from revenues derived from a portion of the licenses fees assessed under § 300-5B, as follows: $50 of each application fee for a new license and $35 of each application fee for a renewal license. Such monies shall be used by the City Clerk to cover costs associated with testing conducted under § 300-18. The account shall be nonlapsing and continually appropriated to the City Clerk for the purposes of this chapter.
[Amended 9-13-2000 by Ord. No. O-00-45]
A.
The violation of any provision of this chapter shall be punished by a fine not to exceed $100 per day, or the revocation of the taxicab vehicle license, taxicab driver's license, or a combination of any of the three, except that a violation of §§ 300-2A and 300-4A shall be punishable by a fine of not less than $500.
[Amended 3-22-2005 by Ord. No. O-05-81]
B.
Each act of violation and every day upon which any
such violation shall occur shall constitute a separate offense. The
City may enjoin or abate any violation of this chapter by appropriate
action. In addition to the penalty set forth in this chapter, if the
court finds for the City, the City shall recover its costs of suit
including reasonable experts fees, attorneys fees, and necessary investigative
costs.
C.
The Police Department is hereby authorized to seize
or immobilize any taxicab located within the City operating without
a valid taxicab vehicle license. Upon such seizure or immobilization,
the Police Department shall notify the owner of the vehicle of such
seizure, the reason therefore, and of the place to which such vehicle
has been removed or immobilized. The Police Department shall order
the holding of any such vehicle for a period of not less than 10 days
from the date of the required notification to the owner. During this
period, the owner may redeem any such vehicle by correcting the violation
of this chapter which led to such seizure or by providing satisfactory
evidence of his ability or intent to correct the violation. Any taxicab
which is impounded or immobilized and which is not redeemed within
30 days of the date of notification as described in this section shall
become the property of the City. Cost for towing and storage charges
will be billed to the owner of the taxicab seized and must be paid
before the release of the vehicle to the owner who shall be responsible
for removing the vehicle from storage. The City will be held harmless
for any damage occurring during the act of confiscation, transportation,
storage, and/or immobilization of each vehicle.
