Every person owning or operating a motor vehicle who secures
or accepts passengers for hire on the public streets, or in public
places, shall be deemed to be operating a taxicab and shall be subject
to City regulations in accordance with this article.
As used in this article, the following terms shall have the
meanings indicated:
The person in actual physical control of a taxicab.
Any person owning, in charge of, or managing a taxicab business
or company in the City.
Any rubber-tired motor vehicle having a manufacturer's rated
seating capacity of not more than seven persons, used in the call
and demand transportation of passengers 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 drivers
or operators.
A taxicab in the charge of a driver and neither occupied
by nor standing at the direction of a passenger nor responding to
a call of a prospective passenger. A taxicab standing in a taxi stand
shall be presumed to be unengaged.
Every person engaged in the business of operating taxicabs,
automobiles or other vehicles for the transportation of persons for
hire shall make an application to the Director of the Building, Zoning,
and Licensing Services Department for an operator's permit on forms
provided by the City for this purpose.[1] The fee for such permit shall be one hundred dollars ($100.)
annually which shall be paid at the time the application is made,
and on or before January 1 of each calendar year thereafter. Only
one operator permit shall be required per business.
A.
Issuance of business operator's permit. All permits must be approved
by the Licensing Board. Before any permit is issued, the Chief of
Police shall conduct an investigation of the applicant, including,
but not necessarily limited to, a criminal history records check to
be conducted by the New Hampshire State Police, with any fees for
the same to be paid by the applicant. Any conviction for violation
of the laws of the State of New Hampshire, or any other state, may
be cause for denial by the Licensing Board.
[Amended 8-1-2000]
B.
Insurance. Before any permit is issued, the Director of the Building,
Zoning, and Licensing Services Department shall ensure that the applicant
has provided a certificate of insurance for each permitted taxi for
the full time period of the permit. The personal injury coverage shall
not be less than one hundred thousand dollars ($100,000.) for injury
to one person with a total coverage of not less than three hundred
thousand dollars ($300,000.) for each accident. The property damage
coverage shall be not less than fifty thousand dollars ($50,000.)
per occurrence. It shall further be the responsibility of any insurance
company or agent to notify the Director of the Building, Zoning, and
Licensing Services Department 10 days prior to any cancellation of
any such policy.
[Amended 9-4-2007]
C.
Appeal of denial. When any such application is denied by the Licensing
Board, the applicant may request such denial be reviewed by the City
Council. Any such request for review shall be made to the Director
of the Building, Zoning, and Licensing Services Department. The City
Council may issue or deny the permit.
D.
Transfer prohibited. No taxicab operator permit may be transferred
from one operator to another. Any operator who voluntarily discontinues
doing business shall surrender his/her permit to the City of Rochester
within 10 days of the time he/she discontinues operation.
E.
Display of permit certificate. It shall be the duty of operators
of taxicabs to display their permit certificates in a conspicuous
place within their place of business headquarters or have them readily
available for inspection upon demand by authorized municipal officials
at all times.
F.
Taxicab records. All taxicab operators and drivers shall keep such
records of trips, fares, and destinations as may be required for examination
by the Chief of Police and/or the Licensing Board; such records shall
be kept for a period of six months.
[1]
Editor's Note: Throughout this article, references to the
Code Enforcement Department were amended to the Building, Zoning,
and Licensing Services Department 10-15-2013.
Every person engaged in the business of operating taxicabs,
automobiles, or other vehicles for hire shall make application to
the Director of the Building, Zoning, and Licensing Services Department
for taxicab permits on forms provided by the City of Rochester for
this purpose. The fee for such permits shall be thirty dollars ($30.)
for each vehicle which shall be paid at the time the application is
made and on or before January 1 of each calendar year thereafter.
A.
Issuance of taxicab permits. Before any new taxicab permits are issued,
the Director of the Building, Zoning, and Licensing Services Department
shall refer all applications to the Chief of Police who shall inspect
the condition of the vehicles proposed for permit and approve or disapprove
the issuance of permits within 48 hours, Saturdays, Sundays, and holidays
excluded. Vehicles not meeting the inspection requirements of the
State of New Hampshire may be denied permits.
(1)
Issuance of temporary taxicab permit. Above requirements for a replacement
vehicle may be waived only at the discretion of the Police Chief or
his/her designee, with proper insurance binder, until such time as
a proper permit may be issued within the prescribed 48 hours.
B.
Appeal of denial. When any such application is denied by the Chief
of Police or the Director of the Building, Zoning, and Licensing Services
Department, the applicant may request such denial be reviewed by the
Licensing Board. A request for review shall be made to the Director
of the Building, Zoning, and Licensing Services Department who shall
convene the Licensing Board within 48 hours, excluding Saturdays,
Sundays and holidays, at which time the Licensing Board shall either
issue or deny the permit.
C.
Transfer of permits. Taxicab permits may be transferred from one
vehicle to another by making an application for such transfer in the
same manner as is required for original permits and making payment
of five dollars ($5.) to the Director of the Building, Zoning, and
Licensing Services Department at the time of making an application
for such transfer, together with proper forms as provided by the Licensing
Board.
Every person engaged in the driving of taxicabs, automobiles,
or other vehicles for hire for the purpose of transporting persons
shall have attained the age of 18 years, hold a valid New Hampshire
operator's license, and shall make application to the Director of
the Building, Zoning, and Licensing Services Department for a taxicab
driver's license on forms provided by the City for this purpose. The
fee for such license shall be ten dollars ($10.) which shall be paid
by the applicant at the time of making application and on or before
January 1 of each calendar year thereafter.
A.
Issuance of taxicab driver's license. Before any taxicab driver's
license is issued, the Director of the Building, Zoning, and Licensing
Services Department shall refer all applications to the Chief of Police
who shall conduct an investigation of the applicant, including, but
not necessarily limited to, a criminal history records check to be
conducted by the New Hampshire State Police, with any fees for the
same to be paid by the applicant. The Chief of Police shall approve
or disapprove the issuance of such license within 72 hours, Saturdays,
Sundays, and holidays excluded, of the receipt of the results of such
investigation. Any conviction for violation of the laws of the State
of New Hampshire, or any other state, may be cause for denial.
[Amended 8-1-2000]
B.
Appeal of denial. When any such application is denied by the Chief
of Police or the Director of the Building, Zoning, and Licensing Services
Department, the applicant may request such denial be reviewed by the
Licensing Board. All such requests for review shall be made to the
Director of the Building, Zoning, and Licensing Services Department
who shall within 48 hours, Saturdays, Sundays, and holidays excluded,
convene the Licensing Board. The Licensing Board shall either issue
or deny the license.
C.
Identification. It shall be the responsibility of all taxicab drivers
to display their taxicab driver's license in a conspicuous place within
any taxicab being operated by them. It shall further be their responsibility,
upon request of any passenger, to furnish their names.
A.
Condition of taxicabs. It shall be the responsibility of all taxicab
operators to ensure that all taxicabs shall be kept in a safe and
sanitary operating condition at all times and shall at all times qualify
with the standards for inspection of motor vehicles by the laws of
the State of New Hampshire. Any officer observing a violation of this
subsection may obtain the taxicab permit of the vehicle involved which
shall be temporarily suspended and returned forthwith upon said violation
being properly corrected to the satisfaction of the Chief of Police
or his/her designee.
B.
Periodic inspection. The Chief of Police or his/her designee shall
inspect each taxicab operating in the City of Rochester at least every
six months. The purpose of periodic inspection shall be for the maintenance
of safety and sanitary conditions of the vehicles.
[Amended 9-4-2007]
C.
Parking limited. No operator or driver shall park or allow to be
parked any taxicabs upon any street in any business district at other
than an authorized taxicab stand except when actually engaged in taking
on or leaving passengers.
D.
Taxicab stands. The Licensing Board may establish taxicab stands
on such public streets and in such places and in such numbers as shall
be determined to be of greatest benefit and convenience to the public
and businesses, and every such taxicab stand shall be designated by
appropriate markings.
[Amended 3-5-2019]
E.
Limitation on use. No operator or driver of any taxicab shall:
F.
Passengers limited. The operators or drivers of taxicabs shall not
carry more passengers in their taxicabs than the seating capacity
as listed in the manufacturer's vehicle specification.
G.
Service to be given on demand. It shall be the duty of every taxicab
driver or operator of an unengaged taxicab, upon request, during his/her
regular business hours, to transport any orderly person between two
points within the City of Rochester.
H.
Property left in taxicab. All property of reasonable value left in
taxicabs shall be returned to the owner forthwith or, after a diligent
attempt has been made to return said property to the owner, it shall
be delivered over to the Police Department by the driver of the taxicab.
I.
Records. Records and other privileged information will be made available
only to the Police Department and the Licensing Board.
J.
Complaints. Whenever there is a complaint over fare or otherwise
that cannot be agreeably resolved to all parties, the complainant
may register such a complaint in writing to the Director of the Building,
Zoning, and Licensing Services Department who shall convene the Licensing
Board for the purpose of conducting a hearing. Upon sustaining the
complaint, the Licensing Board may suspend or revoke such permits
as may be required.
K.
Rates. All taxicab operators will have on file with the Director
of the Building, Zoning, and Licensing Services Department rates being
charged and shall file new rates as they are changed before they are
allowed to be in effect. Such rates shall be posted in a conspicuous
place in each taxicab.
L.
Identification. All taxicabs shall be required to display outside
identification.
A.
Whenever any operator shall be convicted in the Rochester District
Court of a violation of any sections of these rules and regulations,
he/she shall forthwith return his/her operator's permit to the Director
of the Building, Zoning, and Licensing Services Department who shall
retain such permit until application is made in the same manner as
for an original permit, and a determination has been made by the Chief
of Police and/or the Licensing Board as to the issuance of such permit.
B.
Any taxicab driver who shall be convicted of any violation of these
rules and regulations, or of any law of the State of New Hampshire,
shall forthwith return his/her taxicab driver's license to the Director
of the Building, Zoning, and Licensing Services Department who shall
retain said license until such time as an application has been filed
in the same manner as for an original taxicab driver's license and
a determination as to its issuance or denial shall have been made
by the Chief of Police and/or the Licensing Board.
[Amended 3-5-2019]
C.
The Licensing Board may suspend or revoke any operator's permit,
taxicab permit, or taxicab driver's license at any time for just cause.
Upon receipt of notice of such suspension or revocation, the operator
or driver may request a hearing before the Licensing Board. All such
requests shall be made to the Director of the Building, Zoning, and
Licensing Services Department who shall within 48 hours, Saturdays,
Sundays, and holidays excluded, convene the Licensing Board. A decision
by the Licensing Board shall be made within 48 hours after the hearing
is completed.
D.
A majority decision of the Licensing Board may be appealed through
the Strafford County Superior Court, and upon receiving such notice
of action from the Court, said suspension or revocation will be held
in abeyance pending results of said ruling.
Any person, firm or corporation violating any provisions of
this article shall be guilty of a violation and fined not in excess
of one hundred dollars ($100.); a separate offense shall be deemed
committed upon each day, or part thereof, during or on which a violation
occurs or continues.
