Article 01: General Provisions

142-1.     Policy; compliance required.

All persons, firms, corporations or associations having the ownership of any vehicle to be used as a taxicab within the jurisdictional bounds of the Town of Durham, New Hampshire, must obtain all permits, pay all fees and abide by all regulations outlined in this chapter.

142-2.     Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

OPERATOR -- The person driving or having control or possession of a motor vehicle while the same is being used in the taxi business. An "operator" must be at least eighteen (18) years of age and must possess a valid New Hampshire operator's license.

OWNER -- The person, firm, corporation or association having the ownership of any vehicle used or licensed to be used in the taxi business.

PERMIT -- A license or permission granted by the Town Council to an owner, an operator or an owner's taxicab(s).

TAXI STAND -- Such portion or portions of the public street or highway as shall be designated by the Durham Town Council as a place in which taxis may stand or park.

TAXI or TAXICAB -- Any rubber-tired motor vehicle having a manufacturer's rated capacity of not more than seven (7) passengers, 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 fixed termini or any such vehicle leased or rented or held for leasing or renting, with or without a driver or operator.

142-3.     Permits and fees.

A.  Application. Owners who desire to engage in the taxicab business must make application for all permits to the Chief of Police. Upon approval of a permit, the owner will pay all applicable fees to the Town Clerk.

B.  Duration of permit. All permits granted under this chapter shall remain in full force and effect until 12:00 midnight on December 31 of the year in which said permit is granted, unless otherwise suspended or revoked.

C.  Permits required.

           1.  Business permit. Every owner who wishes to engage in the taxi business shall obtain a business permit. The fee shall be as set by the Town Council from time to time.

           2.  Taxicab permit. Owners must obtain a separate taxicab permit for each vehicle to be used as a taxi. The fee shall be as set by the Town Council from time to time.

           3.  Operator's permit. Each operator must obtain a taxicab operator's permit. The fee shall be as set by the Town Council from time to time.

142-4.     Issuance of permits; insurance.

A.  Business permit. Prior to the approval of a business permit, the Chief of Police shall cause an investigation of the owner. The Chief will approve or disapprove the application within ten (10) workdays. Any conviction for violation of the laws of the State of New Hampshire or any other state may be reason for denial.

B.  Taxicab permit.

           1.  Prior to the approval of a taxicab permit, the Chief of Police shall:

               a.  Determine that the owner has a certificate of insurance which provides coverage for the vehicle designated in the application. The minimum limits of liability acceptable to indemnify the owner for injury to one (1) person, for injury to more than one (1) person and for property damage in any one (1) accident shall meet the current minimum coverage requirement as established by the Public Utilities Commission of the State of New Hampshire. The owner shall continue such insurance during the period of his/her permit, and it shall be his/her obligation to turn in the applicable taxicab permit upon receiving notice of cancellation of said insurance. It shall further be the responsibility of any insurance company or agent to notify the Town Clerk ten (10) days prior to any cancellation of any such policy.

               b.  Designate a police officer to:

                      (1.)   Verify that the taxicab has a valid State of New Hampshire safety inspection sticker. Obvious defects such as worn tires, broken window glass or lenses, etc., shall be evidence that the vehicle is not in compliance with state inspection requirements.

                      (2.)   Determine that the taxicab is properly marked and equipped with a roof light as required by this chapter.

                      (3.)   Determine if a rate (fee) schedule is properly displayed.

                      (4.)   Check for cleanliness and sanitary conditions.

           2.  Based upon the officer's findings, the Chief will approve or disapprove the application within three (3) workdays. Failure to comply with the State of New Hampshire inspection laws or discovery of any defects in the areas outlined by Subsection B(1)(b) above may be reason for denial.

C.  Operator's permit. Prior to the approval of an operator's permit, the Chief of Police shall cause an investigation of the operator. The Chief will approve or disapprove the application within ten (10) workdays. Any conviction for violation of the laws of the State of New Hampshire or any other state may be reason for denial.

142-5.        Transfer of permits.

Permits shall be nontransferable. All applications shall be processed in the same manner as is required for the issuance of original permits.

142-6.     Suspension or revocation of permits.

A.  The Chief of Police shall cause an investigation of all complaints, violations of this chapter and violations of laws involving an operator or owner. If the Chief determines that the complaint is valid, he/she shall be empowered to suspend or revoke a permit as deemed appropriate. The owner may appeal the Chief's ruling within five (5) workdays and request a hearing before the Town Council or its designee(s).

B.  A suspension shall be for a reasonable amount of time, and the permit will automatically be returned on the restoration date. A revocation may involve permanent loss of a permit or loss for a substantial period of time. In the latter instance, the owner must make application for restoration of the permit at the end of the revocation period in the same manner as is required for the original issuance.

C.  In addition, nothing in this section precludes the Police Department from charging the owner or operator with applicable violations of law.

142-7.        Miscellaneous regulations.

A.  Rate schedule. The rates for taxi fares shall be determined by the owner. A copy of the rates must be filed with the Town Clerk. It shall be the owner's responsibility to provide the Town Clerk with a current rate schedule. New rates may be charged two (2) days after filing with the Town Clerk.

B.  Posting of rates. The current rate schedule shall be kept posted in a conspicuous place in each taxicab.

C.  Taxi stands. Taxicabs may park in any public parking space. Operators must obey all parking restrictions and time limitations.

D.  Periodic inspection. Within five (5) days immediately following each required semiannual state inspection, owners will bring their taxicabs to the Police Department in order that a police officer designated by the Chief may determine that the requirements of S 142-4B(1)(b) are being complied with. Noncompliance with the provisions of this or the referenced section shall be cause for the suspension of the taxi permit.

E.   Markings. Each taxi shall be equipped with a roof light with the word "TAXI" inscribed thereon. Each taxi shall also have the firm or owner's name permanently displayed on both sides thereof. The lettering required on the roof light and sides of the taxicab shall not be less than three (3) inches in height.

F.   Limitations on use. Owners and operators of taxicabs shall not:

           1.  Accept additional passengers once the taxicab has been engaged without the consent of the first passenger.

           2.  Pick up adult passengers while engaged in transporting children under sixteen (16) years of age unless the child is seated in the front seat with the operator only.

           3.  Exceed the passenger seating capacity as listed in the manufacturer's vehicle specifications.

           4.  Deny service on request from any orderly person during business hours.

G.  Identification. Taxicab operators shall identify themselves to passengers upon request. Failure to comply with such a request shall be cause for suspension of an operator's permit.

142-8.     Violations and penalties.

Any person, firm, corporation or association violating any provisions of this chapter shall be guilty of a violation and fined as set forth in Chapter 1, Article II, of this Code for each offense. A separate offense shall be deemed committed upon each day or part thereof during or on which a violation occurs or continues.