[HISTORY: Adopted 11-18-1997 by the Special Town
Meeting, Art. 3. Amendments noted where applicable.]
The purpose of this chapter is to define, regulate and license taxicabs
in the Town of Topsham.
As used in this chapter, the following terms shall have the meanings
indicated:
Every motor vehicle used or to be used for the conveyance of persons
for hire with driver, that has a seating capacity of fewer than five people
behind the driver, within the town, except a motor vehicle subject to regulation
by the Public Utilities Commission of the state and motor vehicles collecting
fares by tickets or coupons for interstate transportation.
It is unlawful for any person to operate or cause to be operated in
the Town of Topsham any taxicab without having first obtained a license to
do so. It shall not be deemed to be the operation of a taxicab or the causing
of a taxicab to be operated within the meaning of this section if:
A.
An individual, partnership or corporation licensed to
operate a taxicab in any municipality which grants the same rights as are
granted herein to taxicabs licensed in passengers from this town shall, upon
previous call therefor, take passengers from this town to the municipality
in which the taxicab is licensed; or
B.
Any person licensed to operate a taxicab in any municipality
which grants the same rights as are granted herein to taxicabs licensed in
the town shall, upon delivery to this town of a bona fide passenger from the
municipality where the taxicab is licensed, take passengers from the point
of delivery in this town to the municipality where the taxicab is licensed
without parking, standing or cruising in this town to obtain the passengers.
Application for a license to operate any taxicab shall be made on forms
provided by the town and approved by the municipal officers and shall, among
other things, set forth:
A.
The name, address and date of birth of the applicant.
B.
The number of taxicabs actually owned and actually operated
in the town by the applicant on the date of application.
C.
The number of taxicabs for which the license is desired.
D.
The make, year of manufacture and passenger seating capacity
of each taxicab for which application for a license is made.
E.
A description of the proposed color scheme, insignia,
style or any other distinguishing characteristics or proposed taxicab design.
The Town Clerk shall issue to the owner of the taxicab, provided that
he/she shall comply with the further conditions of this chapter, a license
for its operation upon payment of a license fee of $50 per year or part thereof
for each taxicab. All licenses issued under this chapter shall continue in
force until the first day of the following April.
Before a license is issued to the owner of any taxicab, or whenever
the Chief of Police may require it, the owner shall deliver it to the Chief
of Police for inspection. The Chief of Police, or some person designated by
him, shall inspect the taxicab and determine whether it is safe and suitable
for taxicab service. Any taxicab service which is declared to be unsafe or
unsuitable for taxicab service may be immediately ordered out of service at
any time by the Police Chief until it has been made safe or suitable.
No license shall be issued for any taxicab until the Chief of Police
or his designee certifies to the Town Clerk that it is safe and suitable for
taxicab service.
No license shall be issued for any taxicab until the owner has filed
with the Town Clerk a certificate of insurance from an insurance company authorized
to do business in the state showing that the taxicab is insured for the period
of the license covering liability for injuries to person and property resulting
from the use and operation of the taxicab and that the required fee has been
paid. The insurance policy shall be issued for the principal sum sufficient
to proved indemnity for personal injury equal to or greater than established
in 29A M.R.S.A. § 1611.
A taxicab shall be conspicuously marked, in letters not less than four
inches in height, with the word "TAXI" or "TAXICAB" and the owner's name
or trade name. The design or monogram must be at least eight inches in diameter.
It is unlawful for any person to operate a taxicab unless he first obtains
a license. An application for the license must be made on the form furnished
by the town and shall set forth under oath such information as the municipal
officer may require. The license shall be signed by the Town Clerk after approval
to grant the license has been given by the Chief of Police or his designee.
Each license must be numbered in the order granted and shall continue in force
until the first day of the following April. The license fee is $25 per year
or part thereof. No such license shall be granted to any person unless he
can read, write and speak the English language intelligently. No license shall
be granted to any person unless he shall present a valid driver's license
issued to him by the state. The applicant must be at least 18 years of age.
He must furnish to the Town Clerk with his application two recent photographs
of himself. Any person whose driver's license has been suspended for
a period of 10 days or more by any state shall not be eligible to apply for
a taxi operator's license until one year following the date of restoration
of the suspended driver's license. No license shall be issued to any
person who has been convicted of a vehicle violation which imposes a sentence
of imprisonment exceeding a period of one year.
Upon issuance of a license to a taxicab driver, the Town Clerk shall
deliver to the licensee an identification card bearing a recent photograph
of the licensee, the number of the license and the licensee's name. The
identification card shall be posted within the taxicab driven by the licensee
in plain view of the passenger at all times.
No driver of a taxicab shall carry any person other than the first passenger
engaging without the latter's consent.
No owner or driver of a taxicab shall charge any passenger any rate
for service within the limits of the town in excess of the rates posted as
provided for in this section:
A.
Posting of rates. A plainly printed card setting forth
the rates of fare shall be conspicuously displayed in every taxicab so that
it can be seen by a passenger day or night. Failure to display such card or
proof of charging in excess of the posted rates shall be grounds for revoking
the license of the driver.
B.
Taximeters. Every taxicab equipped with a taximeter shall
be checked and approved by the sealer of weights and measures of the town
at least once every year, and the owner or the operator of such taxicab will
submit the vehicle owned by him for such inspection to the sealer of weights
and measures, or to any other properly authorized representatives of the town
when required to do so by the sealer of weights and measures, the Chief of
Police or the Town Manager.
Any person convicted of a violation of this chapter shall be guilty
of a civil offense and shall be punished by a civil penalty not more than
$250.
The revocation or the suspension of the license to operate a motor vehicle
by any state for more than 10 days automatically revokes a taxicab driver's
license issued by the town.
In order to be eligible for any license, an applicant shall meet any
qualifications established by law and shall pay any arrearage for taxes, fees
or other obligations to the Town of Topsham.
