[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:
A motor vehicle designed for carrying more than 15 persons,
including the operator.
Any flatbed wagon, hansom, hack, buggy, wagon or other means
of transportation that is drawn by a horse.
Any carriage, as defined above, which is used for hire.
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.
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.
The same meaning as "operator."
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.
To drive, cause to move, steer or exercise control over a
vehicle.
An individual who drives, causes to move, steers or exercises
control over a vehicle.
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.
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.
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.
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.
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.
