[HISTORY: Adopted by the City Council of
the City of Saco 5-1-1995 as Ch. V, Sec. 5-37, of the 1994 Code. Amendments
noted where applicable.]
This chapter shall be known as the "Ordinance
to Regulate and License the Operation of Taxicabs Within the City
of Saco" and is enacted pursuant to the authority granted to the City
now or hereafter by general law, including 30-A M.R.S.A. § 3009.
The purpose of this chapter is to regulate the number and operation
of taxicabs and those operating taxicabs within the City of Saco through
a licensing procedure in order to promote the general welfare and
public safety.
As used in this chapter, the following words
and phrases have the meanings as set out herein, unless the context
clearly demonstrates otherwise:
Any conviction for any criminal offense punishable by imprisonment
for any period of time, whether or not the sentence was imposed or
served, but shall not include any conviction which is shown to have
been set aside on appeal or collaterally or for which a pardon, certificate
of rehabilitation or the equivalent under the law of the sentencing
jurisdiction has been granted or which is not rationally related to
the purposes of owning or operating a taxicab.
Any person designated by the City Clerk to perform inspections
of taxicabs.
The act or business of picking up persons in a taxicab within
the City of Saco for transportation to locations within or outside
the city, except that the provisions of this chapter shall not apply
to a motor vehicle licensed by another municipality to operate as
a taxicab which is operated within the City of Saco in response to:
A request to transport passengers from a point
of destination within the City to another municipality but not to
a point of destination within the city, provided that such drivers
shall not cruise, park or stand for the purpose of soliciting passengers
within this city; or
A request to convey a passenger from such other
municipality to the city.
A person to whom a license to operate a taxicab has been
issued.
A person owning and/or leasing for use any taxicab used in
the taxi business.
An individual, partnership, corporation or other legal entity.
Any motor vehicle designed and used for the transportation
of persons for compensation, the destination and route of which are
under the direction and control of the passengers. Excluded from this
definition are buses and vehicles commonly referred to as "stretch
limousines."
The permission or license granted to a business seeking to
engage in providing taxis for hire to the general public.
The permission or license granted to an individual allowing
that individual to operate a taxicab within the City of Saco when
such license is required under the terms of this chapter.
The permission or license granted to the owner of any taxicab
used in the taxi business authorizing said vehicle to engage in the
taxi business.
No person shall operate, cause to be operated,
lease, rent or otherwise provide for use a taxicab within the City
of Saco without such taxicab owner and the operator thereof having
first obtained all licenses required from the City Council as provided
herein.
A.
An application for a taxicab business license shall
be filed with the City Clerk upon forms provided by the Clerk. The
application shall provide the following information:
(1)
The name and address of the applicant.
(2)
The address location of the dispatch center and garage.
(3)
A signed consent to allow the Saco Police Department
to investigate and verify all information submitted as part of the
application.
(4)
Proof of adequate public liability insurance as required
under this chapter.
(5)
A detailed description of the company logo, design,
insignia, wording and coloring that will appear on any vehicles licensed
under the applicant's name.
(6)
Evidence that the applicant corporation, business,
partnership or other legal entity is in good standing to operate within
the State of Maine, if so required.
(7)
A listing of all principals in the business or corporation,
if applicable.
(8)
A listing of all rates to be charged and the method
of computation.
B.
Upon receipt of the report and comments from the Chief
of Police, the City Clerk shall forward the application and all supporting
documentation to the City Council for action. The Council shall consider
the application during a public hearing at its next available meeting.
Said public hearing shall be advertised in a newspaper of general
distribution at least seven days prior to the hearing.
C.
The Council shall review the application with respect
to location of the business and adverse impacts to surrounding properties
from noise, odor, fumes, traffic congestion or other causes. Following
a hearing, the Council can grant a license, grant a license with certain
conditions or deny the application. If the Council denies an application,
it shall issue written findings within 10 days of the decision.
D.
Aggrieved parties shall have 30 days to appeal the
decision of the Council to Superior Court.
[Amended 3-5-2001]
An application for a taxicab operator's license
shall be filed with the City Clerk upon forms provided by the Clerk.
The application shall be verified under oath and shall provide the
following requirements:
A.
The name, address and date of birth of the applicant.
B.
Any prior experience in the transportation of passengers.
C.
Proof of a valid motor vehicle license and whether
any license held by the applicant is presently revoked or has been
revoked during the three years preceding the application and the reasons
for any such revocations.
D.
The applicant's prior traffic and police record, if
any.
E.
The consent to allow the Saco Police Department to
investigate and verify the information submitted in the application.
F.
Two photographs of the applicant of such size as the
Clerk may specify.
G.
Proof of adequate public liability insurance as required
by this chapter.
H.
Such further information as the City Council may require.
[Amended 3-5-2001]
An application for a taxicab vehicle license
shall be filed with the City Clerk upon forms provided by the Clerk.
The application shall be verified under oath and shall provide the
following requirements:
A.
The name, address and date of birth of the owner of
the vehicle or of all principle officers of the applicant if the applicant
is a corporation, including the clerk of the corporation, together
with the address of a business office or principal place of business.
B.
The make, type, year, vehicle identification number
and license plate number of each vehicle for which a taxicab vehicle
license is being sought and the address of the garage or site where
the vehicle will be stationed when not in service.
C.
A state inspection sticker issued within the 30 days
prior to the date of application.
D.
Adequate proof showing the vehicle to be currently
registered and licensed within the State of Maine.
E.
Proof of adequate public liability insurance as required
by this chapter.
F.
A detailed description of the graphic design, insignia,
wording and coloring which will appear on the vehicle, if licensed.
G.
Such further information as the City Council may require.
A.
Taxicab operator's license.
(1)
Upon receipt of a completed application for a taxicab
operator's license, the City Clerk shall refer the same to the Chief
of Police or his designee to verify the information set forth therein
and to report and comment on the same to the Clerk within 30 days.
The Chief of Police will ensure that the information contained on
the application is valid, and the fee for such investigation and taxicab
inspection shall be established by the Council after public hearing.
[Amended 5-3-2004]
(2)
Upon receipt of the report and comments from the Chief,
the Clerk shall either issue or deny a license based on the standards
in this chapter. Any decision of the Clerk can be appealed to the
City Council. The initial application fee for each license shall constitute
the first year's license fee, and the license shall be in effect for
the remainder of the calendar year in which the license is issued.
Written findings for any denial shall be prepared by the Clerk within
10 business days of the decision.
B.
Taxicab vehicle license.
(1)
Upon receipt of a completed application for a taxicab
operator's license, the City Clerk shall refer the same to the Chief
of Police or his designee to verify the information set forth therein
and to report and comment on the same within seven days.
(2)
Upon receipt of the report and comments from the Chief,
the Clerk shall either issue or deny a license based on the standards
in this chapter. Any decision of the Clerk can be appealed to the
City Council. The initial application fee for each license shall constitute
the first year's license fee, and the license shall be in effect for
the remainder of the calendar year in which the license is issued.
Written findings for any denial shall be prepared by the Clerk within
10 business days of the decision.
C.
License renewal. Licenses may be renewed only by the
City Clerk after a review of a new application updating all required
information. Licenses issued by the City Council shall be renewed
by the City Council following a new application.
Any license applied for under this chapter shall
be denied by the Council or Clerk under the following circumstances:
A.
Taxicab vehicle license:
(1)
If the applicant is other than the registered owner
of the vehicle;
(2)
If any of the principals of the applicant corporation
or any person having an actual ownership interest or management authority
therein has a disqualifying criminal conviction;
(3)
If the applicant has had a taxicab vehicle license
revoked within the three previous years; or
(4)
Failure to have an approved taxicab business license.
B.
Taxicab operator's license:
(1)
If the applicant has not attained the age of 18 years;
(2)
If the applicant has been given a disqualifying criminal
conviction at any time during the five years immediately preceding
the application or if the applicant has been imprisoned at any time
during said period for a disqualifying criminal conviction, provided
that said conviction was for an offense which is rationally related
to the purpose of licensing taxicab operators;
(3)
If the applicant has been convicted, at any time during
the three years immediately preceding the application, of criminal
speeding, reckless driving, driving to endanger, operating under the
influence, attempting to operate under the influence, operating under
suspension or an equivalent offense in any other jurisdiction or if
the applicant's privilege to operate a motor vehicle in any jurisdiction
has been revoked at any time during said period for any reason; or
(4)
If the applicant has been convicted of criminal speeding,
reckless driving, driving to endanger, operating under the influence,
attempting to operate under the influence or operating under suspension
while operating any vehicle licensed under this chapter for the five
years immediately preceding the date of application.
C.
Taxicab business license:
(1)
If the Council determines that the proposed business
location will have an undue adverse impact on surrounding property
owners;
(2)
If the Council determines that the applicant has had
a taxicab business license revoked in the past three years;
(3)
If the applicant business or corporation is not licensed
and in good standing to do business in the State of Maine;
(4)
If any of the principals of the applicant corporation
or any person having an actual ownership interest or management authority
therein has a disqualifying criminal conviction;
(5)
If the applicant has had a taxicab business license
revoked within the three previous years; or
(6)
If the applicant is not current for all personal property
taxes owed to the City of Saco.
Upon an application for a taxicab operator's
license, the City Clerk may issue a thirty-day temporary license which
shall carry all the privileges of a permanent license. During this
thirty-day period, the Clerk shall request of the Chief of Police
an investigation of the information contained in the application for
an operator's license. This temporary license may be revoked by the
City Clerk upon a determination that any of the standards of this
chapter have been violated by the operator or if the investigation
by the Police Chief reveals that the applicant does not meet the qualifications
to receive a permanent operator's license.
A.
A license issued under the provisions of this chapter
may be revoked or suspended by the City Council upon the recommendation
of the Chief of Police if the holder thereof has violated any of the
provisions of this chapter or has violated any ordinances of the City
of Saco or the laws of the United States or the State of Maine, the
violations of which reflect unfavorably on the fitness of the operator
to offer public transportation.
B.
Prior to suspension or revocation, the City Council
shall hold a public hearing to determine all the facts relating to
the suspension or revocation of the license. The holder of the license
shall be given notice of the proposed action to be taken and shall
have an opportunity to be heard before the City Council at the hearing
to consider suspension or revocation.
A.
Any license issued under the terms of this section
may be suspended or revoked by the City Council upon a determination
by the City Council that the licensee:
(1)
Knowingly took a longer route to his or her destination
than was necessary, unless so requested by the passenger;
(2)
Knowingly conveyed any passenger to a place other
than that which the passenger specified;
(3)
Solicited or caused another person to solicit taxicab
passenger business in any manner whatsoever when such proposed business
is not related to the provision of taxicab services;
(4)
Transported any person other than the passenger first
engaging the taxicab without the express consent of such passenger;
(5)
Drove a taxicab when not clean and neat in appearance;
(6)
Failed to remain in the operator's compartment of
the taxicab at all times that the taxicab was in service or was waiting
to be hired, other than to assist a passenger or his or her bags into
or out of the taxicab, or permitted any person other than the operator
and a passenger or passengers to remain in the taxicab at any such
time, except a trainee, if a licensed taxicab operator;
(7)
Refused to transport any orderly person upon request,
unless all licensed taxicabs are engaged (if no taxicab is available
at the time a request for taxicab service is telephoned to a dispatch
center, the dispatch service shall offer to arrange with the caller
for transportation by the next available taxicab);
(8)
Charged more than the maximum fare specified in the
application on file with the City Clerk's office;
(9)
Failed to notify the Clerk of any change of any material
fact set forth in the application for such license;
(10)
Removed from a taxicab or obscured or caused
to be removed from a taxicab or obscured any notices required under
this chapter;
(11)
Knowingly gave incorrect information on the
license application;
(12)
Refused to provide and use a certified child
safety seat when transporting any child that would have been required
to be in a child safety seat in the child's parents' vehicle; or
(13)
Refused transportation to any person based on
age, sex, religion, color, creed, national origin, destination, handicap
or because of the presence of children.
B.
In addition to the provisions of Subsection A above, a taxicab operator's license may be suspended or revoked upon a determination that the driver engaged in any loud argument, fight or other disturbance; harassed, threatened or assaulted another person; intentionally damaged, destroyed or threatened to damage or destroy any property; or in any other manner engaged in conduct detrimental to the orderly and efficient transportation of passengers.
C.
Maximum suspensions of taxicab operators' licenses
shall be as follows: three days for the first violation, seven days
for the second violation and 15 days for the third violation within
a twelve-month period. Fourth violations shall result in revocation
of the taxicab operator's license and may be the basis for further
action with respect to the taxicab vehicle license.
D.
In addition to the provisions of Subsection A above, a taxicab business license may be suspended or revoked upon a determination that:
(1)
The taxicab business licensee or any person employed
or connected with such licensee has operated a taxicab without a current
and valid taxicab operator's license;
(2)
There have been repeated violations by the operators
of vehicles licensed to the same licensee resulting in more than four
suspensions in any twelve-month period;
(3)
The taxicab business licensee permitted or caused
a taxicab operator to operate a taxicab with knowledge of or in disregard
of that operator's loss or suspension of his motor vehicle license
by the Secretary of State;
(4)
The taxicab business licensee permitted or caused
a taxicab operator to operate a taxicab with knowledge of or in disregard
of that operator's intoxication; or
(5)
The taxicab business licensee permitted or caused
a taxicab to operate within the City which was unsafe or in unsound
condition.
E.
A taxicab vehicle license may be suspended or revoked
upon a finding by the City Council that:
(1)
The City has been notified by the licensee's insurance
carrier that the insurance policy covering the vehicle in question
has lapsed, been suspended or has been terminated; or
(2)
It has been determined by the license inspector that
the vehicle in question is no longer fit for service as a taxicab.
All taxicabs operating within the City of Saco
shall adhere to the following requirements at all times:
A.
Taxicabs shall at all times be clean and in good repair
inside and out and shall be maintained at all times in compliance
with the laws of the State of Maine relating to passenger vehicles
and the rules and regulations of the State Commissioner of Transportation
enacted pursuant thereto.
B.
Taxicabs that compute fare through the use of a taximeter
shall have those meters installed so as to give an accurate reading
of all the car's movements and so as not to be subject to tampering.
Any meters used shall be tested, approved and sealed by the State
Sealer of Weights and Measures. Said meters shall indicate fare and
mileage by means of legible figures which are electrically illuminated
during the period between sunset and sunrise, which fare shall be
calculated in accordance with the fare posted on the vehicle and on
file in the application on file with the City Clerk.
C.
Every taxicab operating in the City shall be equipped
with an exterior light affixed to the roof thereof, which shall be
covered with a translucent fixture marked with the word "Taxi" in
legible lettering and which shall be operated during the period between
sunset and sunrise.
D.
Every taxicab shall be conspicuously marked, in letters
not less than 1 1/2 inches in height, with the word "Taxicab,"
"Taxi" or "Cab" and the owner's name or trade name or, in lieu of
such name or trade name, with a design or monogram containing the
owner's name or trade name. Such design or monogram shall be not less
than eight inches in diameter.
E.
Every taxicab shall be conspicuously marked, in numbers
not less than 1 1/2 inches in height, with a vehicle number,
which shall correspond to the vehicle license number issued by the
City Clerk, such number to be unique to all taxicabs licensed by the
City of Saco.
F.
All taxicabs shall have access to a certified child
safety seat, for use when transporting children required to be placed
in such a seat.
G.
All handicapped-accessible taxicabs licensed in the City of Saco
to pick up or drop off passengers must have a restraint system or
straps designed to hold a wheelchair and passenger securely in place.
Every operator of a handicapped-accessible taxicab licensed to operate
within the City is to be trained by the employer in the appropriate
and safe application of said restraint system or strap and to hold
the passengers securely in a wheelchair.
[Added 11-4-2013]
A taxicab operator shall display his or her
taxicab operator's license, complete with name and picture, in a place
within the cab which is clearly visible to passengers at all times
when the cab is in service.
A.
All taxicabs shall have the rates to be charged clearly
displayed on the exterior of the vehicle, as well as on the interior
of the vehicle, and be clearly marked either "metered taxi" or "zone
taxi" on the exterior of the vehicle.
B.
The maximum rate of fare charged by the taxicab and
any lesser rate actually charged by the taxicab shall be advertised
on both back doors of the taxicab, in lettering no less than one inch
in height.
C.
Every taxicab shall be equipped with a sign which
shall be located in the interior of the taxicab and maintained in
such a manner as to be clearly visible to all passengers therein and
which shall state, in letters no less than 1/4 inch in height, the
following:
|
Passenger Information
| |
|
If you have a complaint about the services you
have received or the fare you have been charged, please call the Chief
of Police of the City of Saco at 283-1845.
|
A.
The fare to be charged by a taxicab business shall
be clearly described in the application for a taxicab business license.
Upon any changes to the rate, the City Clerk and Police Chief shall
be notified.
B.
There shall be no charge for the transportation of
the carry-on bags or parcels of a passenger.
A.
No taxicab vehicle license shall be issued to any
licensed taxicab business until the applicant files with the Clerk
satisfactory proof of liability insurance coverage for liability arising
out of the operation of the taxicab. Insurance shall clearly cover
the vehicle and all occupants under all operating conditions, including
but not limited to by employees of the owner, lease arrangements or
any other similar arrangement. The insurance coverage shall be in
conformance with minimum state guidelines.
(1)
In the case of vehicles constructed with capacity
for more than four persons behind the driver, permanent alterations
to the vehicle must be made in order to be considered a taxi.
(2)
The City Council may require higher insurance liability
coverage if it deems necessary.
(3)
The insurance company issuing the policy shall contain
a provision for the automatic and immediate notification by the insurance
company to the City of Saco of cancellation, amendment or expiration
of the insured's policy. If the insurance coverage terminates, expires
or is suspended, the taxicab vehicle license or the taxicab operator's
license shall terminate and expire and shall be immediately returned
by the owner to the Clerk. Thereafter, the license may only be reinstated
upon proof of retaining insurance as required herein.
B.
In all cases, the operator and the owner shall both
be insured to the limits established by this section or by a higher
amount if deemed necessary by the Council.
The license inspector may require any licensee
to present a taxicab for inspection whenever the inspector deems such
inspection necessary. The inspection shall be performed as soon as
practicable, at a location to be determined by the City of Saco. If
a vehicle fails to pass this inspection, the license inspector may,
in writing, order a taxicab removed from service, provided that a
reinspection shall be scheduled as soon as possible, but in no case
more than three days thereafter. There shall be a charge of $10 for
the first reinspection and a charge of $25 for each reinspection thereafter
of any taxicab ordered removed from service for any violation which
is deemed by the license inspector to represent a serious threat to
the health or safety of passengers. Any licensee aggrieved by such
an order may appeal the decision of the license inspector to the City
Council, which shall hear the appeal at the next regularly scheduled
meeting date.
When notice is required to be given to an applicant
or holder of a license issued pursuant to this chapter and notice
by mail is used, the City Clerk may use the address set forth in the
application on file. Proof of a certified or registered mailing to
said address shall create the presumption of receipt by the applicant
on the expiration of three days from the date of mailing.
The Saco Police Department shall have the primary
duty to enforce this chapter. Any person violating any provisions
of this chapter shall pay a fine not exceeding $50 for the first such
offense in any calendar year and $100 for each subsequent offense
in the same calendar year. Any licensed owner or operator who violates
any of the provisions of the foregoing sections shall, in addition
to said penalty, thereupon become subject to suspension or forfeiture
of his/her/its license thereafter.
During the life of the license, the licensee
shall be required to conform to any new regulations duly adopted by
the City Council.
[1]
Editor's Note: Former § 195-21,
Transfer of vehicle licenses; fee, was repealed 3-5-2001. Copies of
the current fee schedule are on file in the office of the City Clerk.
This chapter shall become effective 30 days from its adoption, as provided by Section 2.09c of the Saco City Charter. For any initial vehicle license issued under this chapter, the licensee shall have 60 days to conform to the terms herein, excepting the requirements regarding the provision of child safety seats, for which the applicant shall have 90 days to comply. Subsequent licenses shall only be issued upon proof of compliance.
[Added 3-5-2001]
Fee shall be determined by Council after a public
hearing.
[1]
Editor's Note: Copies of the current fee schedule
are on file in the office of the City Clerk.
