PUBLIC HEARING – December 15, 2008
2008-36 Resolution to Enter PRIMEX3HEALTH2%ExTRA Discount Program
Mayor Bertrand called the Public Hearing to order at approximately 7:31 p.m. to receive public input on the above noted resolution. There being no one wishing to speak for or against the resolution at this time, Mayor Bertrand closed the public hearing at approximately 7:32 p.m.
REGULAR CITY COUNCIL MEETING - MONDAY, DECEMBER 15, 2008
Mayor Bertrand called the regular City Council Meeting to order at approximately 7:59 p.m. in the Council Chambers of City Hall.e VIII Taxicabs (tabled 11/17/08) Be it ordained by the City Council of the City of Berlin, as follows:
That the ordinances of the City of Berlin are hereby amended by deleting in its entirety the existing Article VIII Taxicabs and substituting in lieu thereof the following new Article VIII Taxicabs: ARTICLE VIII. TAXICABS*
*Cross References: Streets, sidewalks and other public places, Ch. 13; traffic and vehicles, Ch. 14. State Law References: Power to license, RSA 47:17: 31:40; 376:3
Sec. 9-261. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Taxicab Business License shall mean the license granted by the Mayor and City Council to a person or business entity to operate a taxi for hire business within the City of Berlin for a period of one year.
Owner shall mean the person or business entity engaged in the business of transporting passengers in a taxicab from one destination to another for a fee.
Taxi Driver shall mean the person driving or having control of the motor vehicle while the motor vehicle is being used in the licensed taxi business.
Taxi or taxicab shall mean any motor vehicle, having a manufacturer's rated capacity of not more than seven (7) passengers used in the call and demand of transportation of passengers for compensation to and 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 driver or operator.
Taxi stand shall mean such portion or portions of the public street or highway as shall be designated by the Mayor and City Council as a place in which taxis may stand or park and from which place taxi owners and/or drivers may solicit taxi business.
(Code 1977, § 8:101; Ord. of 1-16-89) Cross References: Definitions and rules of construction generally, § 1-2
Taxicab Oversight Committee (TOC) shall consist of the City Manager, the City Clerk and the Police Chief. The City Manager shall act as Chairman. The function of the TOC is to review taxicab business license applications; make recommendations to the Mayor and Council on these and issues of license revocation; review criminal background checks to determine when a background check has sufficient criminal activity to disqualify the person(s) from being a taxi driver; and to receive and review unresolved complaints from the public regarding the taxi business.
Sec. 9-262. Taxicab Business License Required.
No person shall operate or cause to be operated a taxicab business within the City of Berlin without first having received a taxicab business license from the Mayor and Council. Application for a license to operate a taxicab business shall be made on forms provided by the City Clerk, who shall keep a record of all applications and licenses granted. All taxicab business licenses shall be numbered in order as granted. All applications shall set forth or include the following:
(1) The name, date of birth, social security number, home address, home phone number, business name, business address and business phone number of the applicant, and name, address and phone number of intended dispatch service if different than above.
(2) The trade name under which the applicant does or proposes to do business. If the applicant is any type of business entity such as a corporation, partnership, etc., a list of the names, dates of birth, social security numbers, home addresses, and home phone numbers of any other person or persons having an interest in the business.
(3) A copy of the vehicle registration of the proposed taxicab(s). A description, including the manufacturing year, makes, model, motor vehicle license plate state and number of the proposed taxicab(s).
(4) Completed and notarized New Hampshire Department of Safety Division of State Police Criminal Record Release Authorization Form authorizing the City Clerk and/or the Police Department to obtain the criminal and motor vehicle records of anyone named on the taxicab business license application.
The City Clerk will apply to the State Police for a check of the criminal and motor vehicle records of persons named on the taxicab business license application. The City Clerk shall issue an original or renewed taxicab business license after receipt of the application and a full review by the TOC and approval of the City Council for an original license. All original taxicab business license applications shall be approved by the City Council.
Sec. 9-263. License not assignable.
No taxicab business license granted hereunder shall be sold, assigned or transferred. All such licenses granted shall expire on the first of January next following issuance.
(Code 1977, § 8:102; Ord. of 1-16-89, § 8:102; Ord. of 11-19-90)
Sec. 9-264. Renewals.
Taxicab business license renewal applications must be filed with the City Clerk no later than thirty (30) days prior to expiration of the license, in order to keep renewal privileges. The annual fee must accompany the application. The City Clerk shall be authorized to issue a license for renewal applications without Mayor and Council approval.
(Code 1977, § 8:114; Ord. of 1-16-89, § 8:112; Ord. of 11-19-90)
Sec. 9-265. Suspension or Revocation of license
Except where a taxicab business license is automatically revoked as in Sec. 9-268, it shall be the discretion of the City Council to revoke a taxicab business license upon recommendation from the TOC and after a hearing before a quorum of the City Council where the licensee has been given a notice of not less than five (5) days.
(a) Causes for revocation include, but are not limited to:
(1) Occurrence of violation listed in Section 9-267 and 268;
(2) Bankruptcy, foreclosure, termination of business by licensee; and
(3) Repeated motor vehicle violations.
(4) Repeated violations of any of the requirements or standards listed in this ordinance.
(b) Any Licensee may appeal a revocation to the City Council by requesting reconsideration in writing to the City Council within ten 10 calendar days of the license revocation. The City Council shall reconsider the revocation and render a final decision. The Licensee then has the right to appeal to the superior court. The appeal shall be filed within seven (7) calendar days of the City Council's final decision.
(Code 1977, § 8:113; Ord. of 1-16-89, § 8:111)
Sec. 9-266. License fee.
Upon approval of the application for a taxicab business license to operate a taxicab business in this city by the City Council, the owner shall pay the City Clerk one hundred and fifty dollars ($150.00) annually for the taxicab business license.
(Code 1977, § 8:103; Ord. of 1-16-89, § 8:103)
Sec. 9-267. License Prohibitions
Under no circumstances shall the holder of any taxicab business license issued by the City operate as a taxi any vehicle which is not listed on the taxicab business license issued by the City or utilize the services of any taxi driver who is not listed on the taxicab business license issued by the City. The responsibility that all vehicles and taxi drivers utilized by the licensed taxi business are approved and listed on the taxicab business license is entirely that of the licensee. Violation of this requirement by the holder of any taxicab business license is grounds for immediate revocation of the license by the City. Under no circumstances will a taxicab utilized by a taxicab business licensee be used for the commercial transport of alcohol, drugs or weapons.
Taxicab business licenses shall not be issued to the following:
a) To a corporation or business entity which is not properly registered or licensed to do business in the state.
b) To an applicant other than the registered owner or lessee of the vehicles.
c) To a corporation if any principal officer thereof or any person having actual ownership interest therein has a disqualifying criminal conviction.
d) To an applicant other than a corporation if such applicant or any person having an actual ownership interest or management authority therein has a disqualifying criminal conviction.
Sec. 9-268. Insurance.
Every applicant for a license to operate a taxicab business shall file with the City Clerk before the license is issued covering the period of license a policy or certificate of general commercial business liability, and automobile liability insurance for each taxicab for which license is sought. Each applicant shall carry general liability and auto liability insurance which shall be issued by a company authorized to do business in the State of New Hampshire, with minimum limits of no less than $1,000,000 per occurrence for general liability and $1,000,000 combined single limit for automobile liability. The above mentioned policies shall not be changed, terminated or canceled prior to the expiration date except upon thirty (30) days advance written notice to the City Clerk. The certificate of insurance shall indicate the maximum number
of taxicabs which may be in use for passenger service under the provisions of the insurance policy, including the year, make, model and vehicle identification number of each. The certificate of insurance shall also state that the coverage is valid in the State of New Hampshire. Lapse of liability insurance coverage for any reason shall result in the automatic revocation of the taxicab business license.
(Code 1977, § 8:104; Ord. of 1-16-89, § 8:104)
Sec. 9-269. Taxicab Driver Requirements.
a) Prior to any taxicab business licensee hiring any person to be a taxicab driver, such taxicab business licensee must receive approval from the TOC certifying that the criminal background check did not disqualify such individual from being added to the taxicab business license as a taxi driver. To accomplish this background check, the taxicab business licensee shall first provide the following information to the City Clerk for the proposed taxicab driver(s):
(1) The name, date of birth, home address, social security number and telephone number of the proposed driver(s).
(2) A statement signed by the applicant that he/she has not been convicted of a felony or misdemeanor in any state, or if the applicant has been convicted of a felony or a misdemeanor, a date and description of the felony or misdemeanor.
(3) Any other information reasonably required by the police department or City Clerk.
(4) Completed and notarized New Hampshire Department of Safety Division of State Police Criminal Record Release Authorization Form authorizing the City Clerk and/or the Police Department to obtain the criminal and motor vehicle records in the State of New Hampshire of the proposed taxicab driver(s). The taxicab business licensee shall be responsible to pay in advance for each criminal record release authorization fee for each proposed taxicab driver(s).
(b) No person shall operate a taxicab unless he/she is at least eighteen (18) years of age and possesses a valid New Hampshire operator's license. In addition, no proposed taxicab driver may be added to the approved taxicab drivers listed on a taxicab business license if they fall into any of the below categories:
(1) A proposed taxicab driver who has a disqualifying criminal conviction as determined by the TOC, or who has been imprisoned at any time during the preceding seven (7) year period for a disqualifying criminal conviction, provided that the conviction was for an offense rationally related to the purpose of licensing a taxicab drivers.
(2) A proposed taxicab driver who has received a disqualifying motor vehicle conviction, or whose privilege to operate a motor vehicle in any jurisdiction has been revoked or suspended at any time during the one (1) year preceding the application for any reason.
(c) A proposed taxicab driver who is not approved to be added to a taxicab business license under the standards of this section, or who has reason to believe that they may not be approved under these standards, or the taxicab business licensee on their behalf, may file a written request for a review by the TOC. The TOC will approve or disapprove the fitness of the applicant to be added to a taxicab business license. The TOC may hold such hearing or hearings as it deems appropriate and may require the submission of qualifying evidence to make an assessment, including character references, and then shall make a final finding with respect to the appeal which the taxicab business licensee hereby agrees to abide by.
(d) The City Clerk shall make and keep a written record of every decision to disapprove a proposed taxicab driver from being added to a taxicab business license.
(Code 1977, § 8:105; Ord. of 1-16-89, § 8:105)
Sec. 9-270. Taxicab Business Minimum Operating Standards:
1) Each taxicab shall be equipped with two-way communication equipment and have an arrangement for calling for prompt assistance in the event of a breakdown en route.
2) The Licensee shall publish hours of dispatch service in all display advertising.
3) The Licensee shall have a published business telephone number.
4) Condition and appearance of taxicabs:
(a) It shall be the responsibility of the Licensee to insure that all taxicabs shall be kept in a safe and operating condition at all times.
(b) The interior of all taxicabs shall be clean at all times and shall be suitable for the occupancy and safety of passengers.
5) Care of Passengers:
(a) Taxi drivers shall not carry more passengers in their taxicabs than the seating capacity as listed in the manufacturer's vehicle specification.
(b) No taxicab drivers shall directly solicit passengers.
(c) No taxicab shall stop to take on or discharge passengers at any place or on any street or square except at the curb or as near thereto as possible. Passengers shall be permitted to enter or leave the vehicle only from the side nearest the curb, unless there are extraordinary circumstances.
(d) It shall be the duty of every taxicab driver or operator of a taxicab, upon request, during their regular business hours, to transport any orderly person. (Ord. of 1-16-89, § 8:114.4)
(e) All property left in taxicabs shall be returned to the owner. If the owner cannot be readily located, it shall be delivered to the Police Department.
(Ord. of 1-16-89, § 8:114.5)(Ord. of 1-16-89, § 8:114.3)
Sec. 9-271. Taxicab records requirements.
(a) Each taxicab business licensee with at least one (1) taxicab shall be required to keep a log detailing all requests for services as received and shall contain no less than the following information: date and time call received, address of caller, destination, cab to which call was added, name of driver and fare charged. The log shall be maintained in order by date at the principal place of business of licensee or licensee's dispatch service for the current calendar year and for the calendar year immediately preceding the current calendar year and shall be made available upon request, for review by any law enforcement
agency or the TOC.
(b) A taxicab licensee shall notify the City Clerk immediately upon becoming aware that they or any one of their taxicab drivers have received a felony or misdemeanor criminal conviction or motor vehicle conviction or notification that their motor vehicle license has been suspended or revoked by any jurisdiction.
(Ord. of 1-16-89, § 8:114.6)
Sec. 9-272. Complaints.
Every taxicab business licensee shall post a notice in each taxicab that shall state that any passenger who wishes to complain or comment about any aspect of the taxicab or driver may call or write to the person or business entity holding the taxicab business license (licensee) with a copy to the City Clerk whose address and phone number shall be on the notice. Unresolved complaints will be referred to the TOC who will hold a hearing and make a decision which the taxicab licensee hereby agrees to abide by.
(Ord. of 1-16-89, § 1:114.7)
Sec. 9-273. Inspection.
The Berlin Police Department may conduct an inspection of any operating taxicab at any reasonable time to ensure that it is in compliance with the requirements of this ordinance.
(Code 1977, § 8:108; Ord. of 1-16-89, § 8:107)
Sec. 9-274. Posting and markings.
Inside the taxicab there shall be prominently posted a photograph and the name and physical description of the taxicab driver. Each taxicab shall have the taxicab business licensee's business name displayed either on the sides or on the roof of the vehicle in letters not less than three (3) inches in height. This sign may be permanent or detachable, but must be displayed when vehicle is used as a taxi. A taxicab which is not in service shall be clearly identified as being out of service.
(Code 1977, § 8:110; Ord. of 1-16-89, § 8:108)
Sec. 9-275. Rates for fares.
(a) All taxicab business licensees shall file with the City Clerk the current 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.
(b) When any passenger(s) enters the taxicab, the taxicab operator must clearly state the total amount of the fare. If the passenger requests additional service, the taxicab operator will clearly state the new total fare.
(c) There shall be no additional charges added on for cab sharing
(Code 1977, § 8:109; Ord. of 1-16-89, § 8:114.8)
Sec. 9-276. Penalty.
(a) The violation of any provision of this chapter shall be punishable by a fine not to exceed one hundred dollars ($100.00) per day, and/or by the revocation of the taxicab vehicle business license.
(b) Each violation and every day upon which any such violation shall occur shall constitute a separate offense. The city may enjoin or abate any violation of this chapter by appropriate action. In addition to the penalty set forth in this chapter, if the court finds for the city, the city shall recover its costs of suit including reasonable expert’s fees, attorney’s fees and necessary investigative costs.
(c) The Police Department is hereby authorized to seize or immobilize any taxicab located within the city which is being operated but which is not listed on a valid taxicab business license. Upon such a seizure or immobilization, the police department shall notify the taxicab business licensee owner of the vehicle of such seizure, the reason therefore and where such vehicle has been removed or immobilized. The Police Department shall order the holding of any such vehicle for a period of not less than ten (10) days from the date of the required notification to the taxicab business licensee. During this period the owner may
redeem any such vehicle by correcting the violation of this chapter which led to such seizure or by providing satisfactory evidence of this ability or intent to correct the violation. Any taxicab which is impounded or immobilized and which is not redeemed within thirty (30) days of the date of notification as described in this section shall become the property of the city. Cost for towing and storage charges will be billed to the taxicab business licensee operating the taxicab seized and must be paid before the release of the vehicle to the taxicab business licensee who shall be responsible for removing the vehicle from storage. The city will be held harmless for any damage occurring during the act of confiscation, transportation, storage and /or immobilization of each vehicle. (Ord. of 1-16-89, § 8:115)
Secs. 9-277--9-299. Reserved.
This Ordinance shall be in full force and effect from and after January 1, 2009.
Councilor Evans moved with a second by Councilor Goudreau to remove the ordinance from the table at this time. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Lafleur to read the ordinance a second time by title only. So moved, the motion carried.
Councilor McCue moved with a second by Councilor Goudreau to pass the ordinance. Roll call resulted in unanimous affirmative votes of Council including Mayor Bertrand who declared the ordinance now passed.
3. Resolution to Enter Primex3Health 2% ExTra Discount Program (tabled 12/01/08)
- NO ACTION -
NEW BUSINESS
4. City Manager’s Report. No Report
5. Public Comments: No comments
6. Council Comments:
Councilor Lafleur attended the Civics Class as a Council representative. The students had several questions regarding pertinent City matters. The class will return for another Council meeting after the Christmas break as a part of their curriculum.
7. Mayor’s Report
Proclamation: Arbor Day
Appointment: Berlin Housing Authority. Margaret McClellan for a five year term set to expire December 2013. Councilor Lafleur moved with a second by Councilor Evans to accept the Mayor’s nomination. So moved, the motion carried.
On December 3, Mayor Bertrand, the City Manager and City Planner met with Lewiston Maine officials to discuss their economic development strategy. Mayor Bertrand was impressed with the positive attitudes and successful strides Lewiston has achieved. The department heads gear 90% of their operations toward economic development and the other 10% toward day-to-day operations. Mayor Bertrand concluded that “If Berlin is to get serious about revitalizing our economy, this is the kind of mindset that needs to be adopted here as well.”
Councilor Lafleur moved with a second by Councilor McCue to accept the Mayor’s written report and place it on file. So moved, the motion carried.
8. Adjournment:
There being no further business to come before Council at this time, Councilor Goudreau moved with a second by Councilor Evans to adjourn the regular meeting. So moved, the meeting ended at approximately 8:28 p.m.
A TRUE RECORD, ATTEST:
Debra A. Patrick, CMC
Berlin City Clerk
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