Town of Kittery, ME
York County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
This chapter is known as the "Town ordinance to regulate and license the operation of taxicabs within the Town of Kittery" and is enacted pursuant to the authority granted to the Town now or hereafter by general law, including 30-A M.R.S. § 3009. The purpose of this chapter is to regulate the number and operation of taxicabs and those operating taxicabs within the Town through a licensing procedure in order to promote the general welfare and public safety.
The following words and phrases, when used in this chapter, have the meanings as set out herein unless the context clearly demonstrates otherwise:
OPERATION WITHIN TOWN OF KITTERY
The act or business of picking up person(s) in a taxicab within the Town for transportation to locations within or outside the Town. Operation within the Town does not include the discharge of person(s) from a taxicab within Town, provided the origination of that person(s)'s trip occurred outside the Town.
OPERATOR
A person who operates a taxicab.
OWNER
A person owning any taxicab used in the taxi business.
TAXICAB
A motor vehicle used for transportation of person(s) for compensation, excluding buses, carpools and vehicles commonly referred to as "stretch limousines."
TAXICAB BUSINESS LICENSE
The permission or license granted to a person, allowing that person to operate a taxicab company within the Town, when such license is required under the terms of this chapter
TAXICAB OPERATOR LICENSE
The permission or license granted to an individual, allowing that individual to operate a taxicab within the Town, when such license is required under the terms of this chapter.
TAXICAB VEHICLE LICENSE
The permission or license granted by the Town Council to the owner of any taxicab used in the taxi business, authorizing said vehicle to engage in the taxi business.
Except as allowed under § 5.8.9, no person may operate a taxicab within the Town as defined in § 5.8.2 without first obtaining all licenses as required by this chapter.
A. 
Taxicab operator license. An application for a taxicab operator license is to be filed with the Town Clerk upon forms provided by the Town Clerk.
(1) 
The application must be verified under oath or affirmation and provide the following information:
(a) 
The name and address of the applicant;
(b) 
Any prior experience in the transportation of passengers by the applicant;
(c) 
Proof of a valid motor vehicle operator's license; and
(d) 
The applicant's prior traffic and police record, if any.
(2) 
The applicant must also execute a consent form issued by the Town Clerk to allow the Police Department to investigate and verify the information submitted in the application.
B. 
Application for taxicab vehicle license. An application for a taxicab vehicle license may be filed with the Town Clerk upon forms provided by the Town Clerk. The application must be verified under oath and provide the following information:
(1) 
The name and address of the owner of the company and vehicle, together with the address of the business office or principal place of business to be maintained by the owner within the Town;
(2) 
Evidence that the vehicle to be licensed has been inspected by an inspecting station licensed by the State of Maine, certifying that the vehicle has passed inspection within 30 days prior to the date of the application; and
(3) 
Adequate proof showing the vehicle to be currently registered as a taxicab by the State of Maine.
C. 
Application for taxicab business license. An application for a taxicab business license may be filed with the Town Clerk upon forms provided by the Town Clerk. The application must be verified under oath and provide the following information:
(1) 
The name and address of the owner(s) of the taxicab business, together with the name and address of the business, the business officer or principal place of business to be maintained by the owner(s) within the Town;
(2) 
Any prior experience in the transportation of passengers; and
(3) 
The number of vehicles to be initially licensed as taxicabs.
A. 
Taxicab operator license.
(1) 
Upon receipt of a completed application for a taxicab operator license, the Town Clerk shall forthwith refer the same to the Chief to verify the information set forth therein and to report on the same together with the Chief's recommendation to the Town Clerk concerning the fitness of the applicant to hold a taxicab operator license.
(2) 
The report is to be issued to the Town Clerk by the Chief within seven days. Unless the Chief determines from his/her investigation that the applicant would not be qualified to hold a taxicab operator license, the Chief must recommend approval.
(3) 
Upon receipt of a completed application and pending receipt of the Chief's report and recommendation, the Town Clerk is to issue a temporary taxicab operator license as provided by Subsection D of this section, which allows the applicant to operate a taxicab until the Town Clerk takes final action to approve or disapprove the application.
(4) 
Upon receipt of the report and recommendation from the Chief, the Town Clerk must approve or deny the application. If approved, the Town Clerk issues a taxicab operator license for the current year.
(5) 
The initial application fee for each license constitutes the first year's license fee, and said license is in effect for the remainder of the calendar year in which the license is issued. If the application is denied, the applicant has a right to appeal to the Town Council, provided a notice of appeal is filed with the Town Clerk within five days of the date of denial.
(6) 
A timely appeal must be heard by the Town Council within 30 days of the date of appeal. The applicant must be given at least seven days' notice of the hearing date and be allowed to present whatever relevant evidence or testimony the applicant desires.
(7) 
After hearing, the Town Council may grant or dismiss the appeal. If the appeal is granted, the Town Clerk is to be directed to issue the appropriate license. If the appeal is denied, the Town Council must make written findings of fact and reasons for the denial within 10 days of the date of denial. The applicant has all rights of appeal to the Superior Court as may be provided by law.
B. 
Taxicab business license.
(1) 
Upon receipt of a completed application for a taxicab business license, the Town Clerk is to refer the same to the Town Council to hold a public hearing to consider the application within 20 days from its receipt from the Town Clerk. The Town Council must give at least seven days' prior notice of the hearing to the applicant, who may present whatever relevant evidence or testimony the applicant desires.
(2) 
In deciding to grant or deny the pending application, the Town Council shall take into consideration the number of taxicabs already in operation; whether existing taxicab transportation is adequate to meet the public need; the probable effect of increased service on local traffic conditions; and the character, experience and responsibility of the applicant.
(3) 
If the Town Council finds that further taxicab service in the Town is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such transportation and conform to all other provisions of this chapter and any regulations promulgated by the Town Council hereunder, then the Council will direct the Town Clerk to issue the taxicab license under consideration.
(4) 
If the application is denied, the Town Council must make written findings of fact and reasons for the denial within 10 days of the date of denial. The applicant has all rights of appeal to the Superior Court as may be provided by law.
C. 
Taxicab vehicle license. Once a taxicab business license is approved by the Town Council, all taxicab vehicle licenses as applied for in Subsection B may be issued by the Town Clerk after review of the taxicab vehicle license application. The Town Clerk may refer the application for a taxicab vehicle license to the Chief to confirm the veracity of the information supplied in the application. No more than five taxicab vehicle licenses are to be issued by the Town Clerk in any calendar year without prior approval of the Town Council.
D. 
Temporary license pending application. The Town Clerk may issue up to three taxicab operator licenses to any taxicab business duly licensed under the terms of this chapter. This license allows the holder thereof to operate a taxicab under the terms of this chapter for a period not to exceed three consecutive days. The holder of the temporary taxicab operator license may thereafter apply to the Town Clerk pursuant to Subsection A for a taxicab operator license. The purpose of this temporary license is to allow the operation of a taxicab on a limited temporary basis until the taxicab operator can apply to the Town Clerk for a permanent taxicab license pursuant to the terms of this chapter.
E. 
Initial application.
(1) 
Each application for a taxicab business license must be accompanied by a nonrefundable application fee as set out in Appendix A. Each application for a taxicab vehicle license must be accompanied by a nonrefundable application fee as set out in Appendix A. Each application for a taxicab operator license must be accompanied by a nonrefundable application fee as set out in Appendix A.[1]
[1]
Editor's Note: See § A-11.
(2) 
The initial application fee for each license constitute the first year's license fee, and said license is in effect for the remainder of the calendar year in which the license is issued.
F. 
License renewal.
(1) 
Once a taxicab vehicle license or taxicab operator license has been issued by the Town Clerk, a new license for every calendar year thereafter may be issued by the Town Clerk upon payment of the fees as set forth in Subsection E of this section unless the license for the preceding year has been revoked. Said renewal fee must be received by the Town Clerk no later than the 15th day of December of each year immediately preceding the effective year of the renewed license.
(2) 
A taxicab business license may be renewed on a yearly basis by the Town Council pursuant to the same procedure required for the granting of a taxicab business license.
No taxicab vehicle license may be issued for any taxicab until proof of liability insurance coverage in an amount at least equal to the minimum insurance requirements required by the State of Maine for the operation of a taxicab vehicle has been submitted to the Town Clerk.
A. 
A license issued under the provisions of this chapter may be revoked or suspended by the Town Council if the holder thereof has: (1) violated any of the provisions of this chapter; or (2) has violated any ordinances of the Town 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 holder must be given notice of the proposed action to be taken and have an opportunity to be heard before the Town Council at the hearing to consider suspension or revocation.
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 Town Clerk is to use the address set forth in the application on file. Proof of a certified or registered mailing to said address creates the presumption of receipt by the applicant on the expiration of three days from the date of mailing.
In the event that any other municipality permits taxicab vehicles duly licensed pursuant to this chapter to pick up fares within that municipality for delivery to destinations outside that municipality, then Kittery permits taxicab vehicles duly licensed under any ordinance existing in that municipality to pick up fares from Kittery for delivery to destinations outside of Kittery without being licensed under the terms of this chapter. In all other respects, no taxicab may pick up fares within Kittery unless duly licensed and conforming to the terms of this chapter.
The Police Department has the primary duly to enforce this chapter. Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3, and any person who violates any of the provisions of this chapter, in addition to said penalty, becomes subject to suspension or revocation of any license issued under this chapter or the right to operate a taxicab within the Town.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
The Town Council may promulgate additional regulations governing the operation of taxicabs and taxicab operators, including regulations governing the maximum number of taxicab vehicle licenses to be issued and regulations temporarily or permanently suspending any provisions of this chapter should Kittery fail to have adequate licensed taxi vehicles providing service within the Town. Such regulations, when adopted, have the same force and effect as if set forth as additional provisions within this chapter.