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HomeMy WebLinkAboutTaxi, Charter, Limo and Tour Vehicle Regulations_201401301616571656Page 1 – Chapter 240; Article I Chapter 240 ARTICLE I Taxicab Regulations [Adopted March 23, 1993; amended May 16, 1994; amended May 24, 1995; amended June 25, 1997; amended June 4, 1998; amended March 12, 2003; amended May 19, 2005; amended April 18, 2007; amended February 25, 2009, amended June 2, 2010; amended May 16, 2012; amended May 8, 2013; amended December 18, 2013] Notes: Under the authority of MGL Ch. 40, s. 22. 240-1 Definitions The following words used in the Regulations shall have the following meaning, unless a different meaning is clearly apparent from the language or context. ACCESSIBLE TAXICAB – Taxicab that is built to accommodate a motorized or non-motorized wheelchair. ACCESSIBLE TAXICAB OPERATOR - a person licensed by the Town to operate an Accessible Taxicab. BOARD OF SELECTMEN or SELECTMEN - the duly elected members of the Board of Selectmen for the Town of Nantucket, Massachusetts. NANTUCKET COMMISSION ON DISABILITY - represents and advocates for the needs and interests of the disabled community living on or visiting the island of Nantucket pursuant to MGL Ch. 40, s. 8J. NUMBER PLATE - the sign or marker furnished by the Registry of Motor Vehicles on which is displayed the register number or mark of a motor vehicle assigned to such motor vehicle by Registry of Motor Vehicles. OFFICIAL WAITING LIST – the official codified list of names of prospective Taxicab License applicants managed by the Town. OFFICIAL WAITING LIST FORM – The form prospective applicants must complete to be placed on the Official Waiting List. POLICE OFFICER or OFFICER - any officer authorized to make arrests or serve criminal process, provided he or she is in uniform or displays her/his badge of office. RELATED PARTIES—for the purpose of the Regulations, the applicant; any person who is a parent, spouse or child of the applicant; any entity (including without limitation, corporations, partnerships, limited partnerships, limited liability companies or other business entities) in which a Related Party holds more than a 50% direct or indirect ownership of the stock, capital or profits. STAND – halting of a motor vehicle, whether occupied for not. This term does not include halting to receive or discharge passengers. TAXICAB - any motor vehicle used, or to be used for the conveyance of ten (10) or fewer persons, including the operator for hire from place to place. TAXICAB BUSINESS OWNER - any person, persons, or corporate entity holding a majority interest in a business which operates any motor vehicle or vehicles, used, or to be used for the conveyance of persons for hire from place to place. Page 2 – Chapter 240; Article I TAXICAB LICENSE - license issued by the Town to a Taxicab Business Owner specifying the number of Taxicabs for that business and authorizing the use of said Taxicab(s) after approval of the Town Manager. TAXICAB OPERATOR – a person licensed by the Town to operate a Taxicab. TAXICAB OPERATOR'S LICENSE - picture identification badge with current validation sticker affixed issued by the Nantucket Police Department authorizing the holder to operate a Taxicab. TAXI STAND - a place or station in a Way in the Town where Taxicabs are authorized and required to park while waiting to be engaged for hire. TAXI ZONE MAP – a geographical map of the Town defining specific boundaries between taxi fare destinations for the purposes of calculating the taxi fare. THE REGULATIONS OR REGULATIONS – Chapter 240, Article I of the Code of the Town of Nantucket. TOWN - the Town and County of Nantucket, Massachusetts. TOWN CLERK - the duly elected clerk for the Town of Nantucket, Massachusetts. TOWN MANAGER – the duly appointed town administrator for the Town of Nantucket. UNOFFICIAL WAITING LIST – the June 1, 2007 list of prospective applicant names based on order of submission by those interested in acquiring future Taxicab Licenses and serving as the initial reference document for the Official Waiting List. VALIDATION STICKER - a sticker issued by the Town, which shall be affixed to the Taxicab License. Said sticker shall indicate the expiration of the Taxicab License. VEHICLE DECAL – a sticker issued by the Town Clerk that shall be affixed to the interior of the windshield on the Taxicab Operator’s side lower corner where the windshield meets the vehicle hood and door pillar of the Taxicab. The Vehicle Decal shall be visible from the exterior of the Taxicab. An Accessible Taxicab shall be allowed to display the universal “wheelchair accessible” symbol. WAY - any public way, private way laid out for public use; any way indicated for public use or any way to which the public has a right of access as invitees, licensees or guests. WINTER MONTHS – December, January and February of any given year. A. Purposes 1) The purposes of the Regulations, to be adopted pursuant to the authority of MGL Ch. 40, s. 22, are to serve the public need and convenience and to promote the public health, welfare and safety of the residents of and visitors to the Town. 240-2 Taxicab Licenses A. Taxicab License Application 1) The Board of Selectmen may periodically determine the total number of Taxicab Licenses available for issuance to operate a Taxicab in the Town, and annual Taxicab License fees or fees associated with the Official Waiting List. Page 3 – Chapter 240; Article I 2) In addition to the number so determined in the Section 240-2A(1) of the Regulations, there shall be at least two (2) more Taxicab Licenses available for issuance for an Accessible Taxicab, to be issued to an applicant who agrees to operate seven (7) days a week on demand eighteen (18) hours per day and who agrees to provide Accessible Taxicab operators who shall comply with the Code of Federal Regulations and shall comply with Section 240-2M of the Regulations, at all times. 3) Official Waiting List. In conjunction with monitoring available Taxicab Licenses, the Town will codify and actively manage an Official Waiting List of prospective applicant names based on order of submission by those interested in acquiring future Taxicab Licenses. The Unofficial Waiting List as of June 1, 2007 shall serve as the initial reference for the Official Waiting List. Applicants listed on the Official Waiting List shall retain their seniority on the list until such time any applicant requests removal from the list or do not provide annual written confirmation of interest to remain on the Official Waiting List. The Town will update the Official Waiting List in May of each year and it is the responsibility of the prospective applicant to provide written confirmation of interest to remain on the Official Waiting List prior to the deadline established by the Town. Effective January 1, 2009, the Town may require prospective applicants to annually complete an “Official Waiting List Form” to be eligible for the continued inclusion on the Official Waiting List. 4) An application fee set by the Board of Selectmen or its designee shall be payable at the time of application and at the time of written annual confirmation of interest by an established deadline for those applicants on the Official Waiting List. 5) An application for a Taxicab License shall be made out by the Taxicab Business Owner at the time the owner of the Taxicab business becomes eligible for a Taxicab License as determined in Section 240-2A(3) of the Regulations. Such application shall set forth under oath all information that the Selectmen may require. Each new applicant for an original Taxicab License shall apply to the Town Manager for approval. 6) An applicant who is denied a Taxicab License by the Town Manager may appeal the decision to the Board of Selectmen. The request for an appeal must be made in writing and filed with the Selectmen within thirty (30) days of the issuance of Town Manager’s decision. 7) Each Taxicab License authorizes only one (1) Taxicab. No Related Parties shall hold more than four (4) Taxicab Licenses at any one time. Related Parties as that term is defined in the Regulations shall be considered and deemed to be one person, one business or one corporation for purposes of the Regulations. Applicants shall not be eligible for more than one Taxicab License in any 12-month period. An application for a Taxicab License shall be deemed to be a joint application by the applicant and all Related Parties. 8) To be eligible for any additional Taxicab Licenses, the applicant must apply in the same manner as for an original license. 9) Effective January 1, 2009, all applicants or prospective applicants for a Taxicab License shall possess a current and valid Massachusetts Motor Vehicle Drivers License, and be at least eighteen (18) years of age. 10) Except as otherwise provided by law, no person shall engage in the business of transporting persons from place to place for hire in a motor vehicle without first having obtained a Taxicab License from the Town Clerk. B. Residency and Address of Record 1) No Taxicab License shall be issued unless the proposed licensee demonstrates familiarity with the roads of the Town, to the satisfaction of the Chief of Police or his designee; provided however that anyone who has resided in the Town for at least one (1) year prior to the application for such a license is to be presumed, in the absence of evidence to the contrary, to be familiar with the Town's roads. Page 4 – Chapter 240; Article I 2) For a Taxicab License, the address set forth in the Taxicab License application shall be considered the address of record for all official business correspondence between the Town and the licensee. It shall be the responsibility of the licensees and applicants to provide written changes of address as necessary to the Town Clerk. 3) For the Official Waiting List, the address set forth in the Official Waiting List Form shall be considered the address of record for all official business correspondence between the Town and the prospective applicant. It shall be the responsibility of the prospective applicant to provide written changes of address as necessary to the Town. C. Possession of License 1) The Taxicab License, or a photocopy of such license certified by the Town Clerk, shall be displayed in the interior of the Taxicab in clear view of the passengers. Each vehicle licensed under the Regulations shall, after payment of the fee and compliance with all application and licensing requirements, receive a Vehicle Decal from the Town Clerk, which shall be affixed to the licensed motor vehicle in accordance with the Regulations. The address of the Taxicab Licensee is allowed to be removed from the Display License; however, must be on file with the Town Clerk’s office and Police Department. [Amended May 16, 2012] D. License Fee 1) The fee for a Taxicab License shall be Three Hundred Dollars ($300) annually for each motor vehicle authorized by the Selectmen to be operated under the Regulations. There shall be a fee of Fifty Dollars ($50) for the transfer of a Taxicab License from one vehicle to another during the current year of issuance after initial receipt. E. Proof of Registration 1) No Taxicab License shall be issued by the Town Clerk until the applicant presents proof of registration and insurance appropriate for the operation of a Taxicab and provided that such insurance and registration complies with the appropriate provisions of MGL Ch. 90. All applicants must present to the Town Clerk an original Massachusetts Vehicle Registration that clearly indicates the maximum passenger capacity of the motor vehicle being licensed. If such registration document does not indicate maximum passengers, then the applicant must provide the original motor vehicle title document issued by the Massachusetts Registrar of Motor Vehicles. The Town Clerk is prohibited from issuing any Taxicab License to a motor vehicle which exceeds a carrying capacity of ten (10) persons, including the Taxicab Operator. F. License Transfer 1) No Taxicab License provided for in the Regulations shall be sold, assigned or transferred, nor shall a majority in interest of any entity holding such a license be sold, assigned or transferred without the approval of the Board of Selectmen. Such sale, assignment or transfer without such approval, shall automatically terminate said license, and any such license held shall immediately be surrendered to the Town Clerk. The Town maintains a waiting list for those applicants who wish to obtain a Taxicab License when it becomes available, as defined in Section 240-1 and codified at Section 240-2. The Selectmen shall deny a request for a sale, assignment or transfer of an available Taxicab License if there is any applicant on the Official Waiting List at the time of such request, except as provided for in Section 240-2F(3). 2) No motor vehicle which is operated under the Regulations shall be leased or borrowed by the Taxicab License holder without the approval of the Board of Selectmen or its designee. No person or business, which holds a Taxicab License, shall allow said license to be used or in any way controlled by any other person or business that is not the Taxicab License holder as approved by the Board of Selectmen or its designee. Page 5 – Chapter 240; Article I 3) Legacy Taxicab Licenses. The spouse or immediate family member (i.e., mother, father, son, daughter, sister, brother, registered domestic partner), of a current Taxicab License holder who dies or becomes legally incapacitated, may apply for the license within thirty (30) days of the death or determination of incapacitation of the Taxicab License holder. Upon approval by the Board of Selectmen, the Taxicab License may be transferred to the spouse or immediate family member, if said person does not already hold a Taxicab License. G. Inspection 1) Taxicabs are subject to periodic inspections by the Police Department throughout the year to determine fitness for continued operation, compliance with the Regulations, and availability to serve the public. 2) Taxicabs shall comply with all provisions relative to the operation and equipping of motor vehicles under MGL Ch. 89 and Ch. 90, any bylaw of the Town, or any rule or regulation promulgated by the Massachusetts Registrar of Motor Vehicles. 3) Taxicabs shall be well maintained and be in a good and reliable mechanical condition. Taxicabs must have a valid state inspection sticker. No motor vehicle shall be operated with an inspection “rejection” for equipment or emissions, in accordance with state requirements. 4) Taxicabs shall be clean inside and outside and be well-painted; all wheels of said Taxicab shall be covered with hubcaps if so designed. 5) Any violation of this section shall result in the automatic suspension of the right to operate the Taxicab; such suspension shall not be rescinded until said violations are corrected to the satisfaction of the Town. H. Rate Posting 1) The holder of a Taxicab license or Taxicab Operator shall display the current fares and fees in the interior of the Taxicab so as to be seen by any passenger(s) and shall make this information available to the passenger(s) upon request. I. Fares 1) No holder of a Taxicab License shall charge or receive fares for the hire of a Taxicab in any sums of money other than those prescribed by the fee schedule promulgated by the Board of Selectmen and from time to time amended. 2) The holder of a Taxicab License or Taxicab Operator License shall clearly display a Contact Information Card on the rear of the driver’s seat in the format approved by the Town. J. Advertisements 1) No advertisements of any kind shall be displayed upon a Taxicab. 2) Rates or fares may not be displayed on the exterior of a Taxicab. 3) All Taxicabs shall have permanently affixed to both sides of the vehicle, with letters at least 3 inches high but not higher than 6 inches, the name and company licensed to operate the Taxicab. The Taxicab Operator’s name, address and telephone number may be placed upon the Taxicab’s window glass, however, such information shall be placed so as to not impair or impede the operation of the Taxicab or violate any provision of Massachusetts General Laws. 4) All Taxicabs shall have permanently affixed to the windows on both sides of the vehicle, and the rear window a unique identification number found on the Taxicab License issued by the Town Clerk’s Office. Page 6 – Chapter 240; Article I These numbers shall be 4 inches high and of contrasting color to the background so that they are clearly visible to passengers entering and exiting the Taxicab. [Amended May 8, 2013] 5) Any Taxicab licensed under the Regulations that advertise 24-hour service shall be available if and when called. 6) No Taxicab Business Owner shall advertise in any manner, form or publication that its Taxicab(s) are available for tours. K. Record of Trips 1) The Taxicab Operator for hire shall maintain a record of trips during all shifts worked. The written record of trips must be available for inspection, upon demand, by a Police Officer and must be turned in to the motor vehicle owner for record keeping purposes at the end of the Taxicab Operator’s shift. 2) The Taxicab Business Owner must produce, upon demand of the Chief of Police, or any person designated by the Chief of Police, a record of all trips made by such Taxicab(s) as the Chief of Police or the Chief of Police’s designee requests for a period of up to one hundred eighty (180) days in addition to the name and address of the Taxicab Operator(s), the time of the beginning and termination of each trip, location of the first and last stop on each trip, and the total fare charged for each trip. 3) Taxicab Operators shall issue trip receipts upon request to paying customers using the approved Town format for same. L. Duration of License 1) Taxicab Licenses shall be valid from June 1st through May 31st. Annual Taxicab Licenses may be renewed upon payment annually on or after May 15th and no later than May 31st. There shall be no extensions or grace period after May 31st. 2) If a new Taxicab License is granted during the year, the licensee shall accept and pay for said license no later than thirty (30) days after said approval. Failure to do so will result in the license being invalid. 3) All holders of Taxicab Licenses shall comply with MGL Ch. 62C, s. 49A stating that such holder has complied with all laws of the Commonwealth relating to taxes prior to receiving her/his Taxicab License from the Town Clerk. 4) All Taxicabs licensed by the Town must be operated during the months of June, July and August. Failure to do so will result in revocation of said license, which shall immediately be surrendered to the Town Clerk. [Added May 16, 1994] [Revised June 4, 1998] 5) Taxicabs not operating year-round shall notify the Town Clerk in advance to ceasing to operate during any portion of the Winter Months. M. Accessible Taxicab 1) Accessible Taxicabs shall operate in the same fashion as the current taxi service in Town. Accessible Taxicabs are not for the exclusive use of wheelchair users and may be utilized by the general public. All Accessible Taxicabs shall be equipped to accommodate a motorized and non-motorized wheelchair and shall comply with the following restrictions as set forth in this section. 2) A Taxicab License for an Accessible Taxicab is strictly for the use of a wheelchair-accessible Taxicab. If at any time an Accessible Taxicab needs to be replaced, it must be replaced with another wheelchair-accessible Taxicab or the Taxicab Operator or Taxicab Business Owner must surrender the license. Page 7 – Chapter 240; Article I 3) An Accessible Taxicab shall operate seven (7) days a week, and be on demand eighteen (18) hours per day. 4) An Accessible Taxicab shall comply with the Code of Federal Regulations (C.F.R. § 38.23) in the following areas: a. the lift or the ramp must comply with Title 49 of the C.F.R. § 38.23; b. the securing devices and seatbelt and shoulder harness must comply with Title 49 of the C.F.R. Part 38.25; and c. the accessible door height and overhead clearance must comply with Title 49 of the C.F.R., Part 38.25. 5) The Accessible Taxicab Operator shall be knowledgeable in the following areas: a. the operation of a lift or ramp for the entry into the Taxicab of a wheelchair; b. securing the wheelchair in the Taxicab; and c. providing proper assistance to a disabled passenger. 6) The holder of an Accessible Taxicab License or Taxicab Business Owner shall be responsible for training all its operators about the accessible features of the Accessible Taxicab and is responsible in educating these operators about the Regulations 7) An Accessible Taxicab Operator shall be required to participate in ADA sensitivity training conducted by the Nantucket Commission on Disability and it shall be the operator’s responsibility to complete this training prior to operating an Accessible Taxicab. 8) The Nantucket Commission on Disability will inspect all Accessible Taxicabs on an annual basis to ensure that the Accessible Taxicab meets the requirements of the Regulations prior to issuance of a Taxicab License for an Accessible Taxicab. Failure to pass this inspection will result in the suspension of said license. 9) An Accessible Taxicab shall service the Steamship Authority, Airport and all Town Taxi Standing Areas, as that term is defined in the Regulations. 10) An Accessible Taxicab shall provide Town-wide services. 11) The Taxicab fare for a wheelchair user shall be the same as for an ambulatory customer. 12) An Accessible Taxicab license holder shall provide notice to the public of the availability of its Accessible Taxicab unless notice is prohibited. Such notice shall be placed: a. on the vehicle; b. in telephone directories; and c. all other taxi companies shall be informed about the Accessible Taxicab service and supply any disabled client with the appropriate information and telephone contact for an Accessible Taxicab. 13) No advertisement for an Accessible Taxicab will include the word “handicapped” either in or on their Accessible Taxicabs or in any printed material. “Wheelchair Accessible” along with the universal symbol for special needs accessibility is appropriate on an Accessible Taxicab and using the word “disabled” or “special needs” versus the word “handicapped” is encouraged by the Town wherever possible. N. Regulations 1) A copy of the Regulations shall be kept in the Taxicab at all times. Page 8 – Chapter 240; Article I 240-3 Taxicab Operators A. Taxi Operator's License 1) Every Taxicab Operator licensed under the Regulations shall display their Taxicab Operator’s License in the interior of their Taxicab where it is in plain view and can be easily viewed by passengers riding in the rear seat of the aforesaid Taxicab. [Amended May 16, 1994] The Taxicab Operator’s address is allowed to be removed from the display License; however, must be on file with the Police Department. [Amended May 16, 2012] 2) All Taxicab Operators’ Licenses shall be affixed with a current validation sticker as issued by the Town Clerk. All applicants for a Taxicab Operator’s License shall possess a current and valid Massachusetts Motor Vehicle Drivers License, and be at least eighteen (18) years of age. 3) No Taxicab Operator’s License shall be issued unless the proposed licensee demonstrates familiarity with the roads of the Town, to the satisfaction of the Chief of Police or his designee; provided however that anyone who has resided in the Town for at least one (1) year prior to the application for such a license is to be presumed, in the absence of evidence to the contrary, to be familiar with the Town's roads. B. Fee for Taxicab Operator's License 1) Fee for Taxicab Operator’s License shall be Fifty Dollars ($50). Picture identification licenses shall not have to be renewed annually, however a validation sticker shall be obtained yearly clearly stating the expiration date of the Taxicab Operator’s License. The fee for the Validation Sticker shall be Twenty-Five Dollars ($25) per year. If a Taxi Operator’s License is lost or in need of replacement, there shall be a replacement fee of Twenty-Five Dollars ($25) for the picture ID and a replacement fee of Twenty-Five Dollars ($25) for the Validation Sticker for a total replacement or new issue fee of Fifty Dollars ($50). C. Application for Taxicab Operator Licenses 1) All applicants shall provide, under the penalties of perjury, such information as may be required of said applicant by the Town, including annually presenting an executed Certification of Understanding of the Taxicab Regulations of the Town of Nantucket. Failure to provide such Certification shall result in the rejection of the application/renewal for Taxicab Operator License. D. Rejection of Application – Revocation of License 1) In addition to failure to meet the requirements of the preceding sections, a decision to reject an application, or to suspend, revoke, or fail to renew a license may be based on the following: 2) An applicant or licensee convicted of any felony or misdemeanor may be barred from receiving or holding a Taxicab License for up to the following maximum periods of time: a. Five (5) years after an incident leading to the applicant or licensee’s conviction or admission of sufficient facts or pleas of no contest for the sale or possession of a controlled substance, or for operating under the influence of an intoxicating liquor or of a controlled substance, or for assault and battery. b. Five (5) years after the incident that let to the revocation, or Two (2) years after an incident leading to the suspension of a driver’s license. 3) For conviction or finding of responsibility for a moving violation, the Selectmen may suspend or revoke the Taxicab Operator’s License for a period of time set by the Selectmen that shall not exceed seven (7) days. Page 9 – Chapter 240; Article I 4) Notwithstanding the preceding subsections, where the evidence shows that the applicant’s or licensee’s other activities or condition would, if combined with the use of a Taxicab License, present a danger to the health, safety, welfare or morals of the Town, the Selectmen or its designee may reject an application, or suspend, revoke or decline to renew an existing Taxicab License. 240-4 Prohibited Practices A. Taxi Stands 1) A Taxicab Operator, when occupying that part of a Way designated as a Taxi Stand, shall not decline to accept as a passenger anyone requesting service and, once engaged, must thereafter depart from said Taxi Stand without delay. If a disabled passenger is first among a group of individuals waiting for a Taxicab at a designated Taxi Stand and the Accessible Taxicab is the next available Taxicab, the disabled person and attendant party shall have access to that Taxicab. If the disabled person is first among a group of people waiting for a Taxicab at designated Taxi Stand and the Accessible Taxicab is not the next available Taxicab, the Accessible Taxicab may accommodate disabled passengers immediately regardless of the Accessible Taxicab’s position in the Taxi Stand line and regardless of the disabled person’s position in the line waiting for Taxicabs. No advertisement will include the word “handicapped” either on the Accessible Taxicab or in any printed material. “Wheelchair accessible” along with the universal symbol for accessibility would be appropriate on the Taxicab, and using the word “disabled” versus “handicapped” would be appropriate in all printed material. 2) No Taxicab Operator, while awaiting employment by passengers, shall allow her/his motor vehicle to stand in any Way except at an approved Taxi Stand. No Taxicab Operator shall leave an in-service Taxicab unattended at a Taxi Stand. 3) A Taxicab holding itself out as available for limousine service shall not occupy the spaces reserved for Taxicabs. 4) No Taxicab Operator or Taxicab Business Owner shall allow her/his motor vehicle to occupy the designated Taxi Stand directly across from Zero Main Street if said Taxi Stand is already occupied by a motor vehicle owned or operated by the same business. 5) No person may park or stand a vehicle other than a Town-licensed Taxicab in a Taxi Stand. B. Tours or Charters Prohibited 1) A Taxicab License does not qualify the licensee to conduct tours or charters. Taxicab Operators shall not display in or about the Taxicab a tour sign or an advertisement for same, nor shall there be advertised in any other way that the Taxicab Operator is available for tours or charters in any manner whatsoever. 2) A Taxicab Operator may not offer tour services or in fact conduct tours or charters of any type. C. Number of Passengers 1) No Taxicab Operator or Taxicab Business Owner shall permit, suffer or allow any Taxicab under her/his control to operate with a number of passengers greater than the number of available seatbelts. No Taxicab Operator shall transport passengers under the Regulations unless said passengers are able to occupy a seat with a seatbelt. 2) No Taxicab Operator operating a Taxicab in service for hire shall: allow any person to ride upon the driver's seat; or a passenger seat unless said person is a bona fide passenger who has hired said Taxicab under the Regulations. 3) A Taxicab Operator shall operate or allow to be operated any motor vehicle under the Regulations with a Page 10 – Chapter 240; Article I maximum seating capacity of ten (10) or more persons, including said Taxicab Operator. D. Operator/Owner Conduct 1) Taxicab Operators shall not dress in an unprofessional manner or in any manner not consistent with Section 240-4E of the Regulations. 2) No owner or person having care of a Taxicab shall permit, suffer or allow any person other than a duly authorized Taxicab Operator under the Regulations to operate the Taxicab. 3) No Taxicab Operator shall fail to produce her/his Massachusetts driver’s license, vehicle registration or fail to stop and identify her/himself and/or the owner of the Taxicab upon the request of a Police Officer. 4) No Taxicab Operator or Taxicab Business Owner shall allow a motor vehicle to be operated on a Way if it is in violation of any of the provisions of the Regulations. 5) Taxicab Operators shall at all time while operating under the Regulations maintain a professional, polite and courteous demeanor. 6) Smoking is prohibited in licensed Taxicabs. [Amended May 16, 2012] E. Taxicab Operator Dress Code 1) The following is a minimum professional standard of dress for Taxicab Operators. Pants/Skirts- clean, no holes, rips or tears. Hems must be sewn. Sweatpants are prohibited. [Amended May 8, 2013] Shorts - clean, no holes, rips or tears. Length must be equivalent to "Bermuda Short" type. No fringed bottoms; hems must be sewn. Athletic type shorts are prohibited. [Amended May 8, 2013] Shirts - clean, with long or short sleeves, tucked neatly into pants if the shirt has tails. If a square bottom, shirt may be left out. No T-shirts or halter tops. Sweatshirts may be worn only as outer garment. [Amended June 25, 1997 and June 4, 1998] Shoes - sneakers, loafers or docksiders are acceptable with no holes or tears. Sandals may be worn if secured around the ankle and the heel. [Amended June 4, 1998] Jackets - clean, no holes or rips; jackets with advertising other than of the Taxicab company are prohibited. Caps/Hats - clean, no holes, worn on the top of the head and with the brim facing forward. Grooming - clean clothes, hair must be neat and combed, face must be clean shaven or beard and/or mustaches must be neat and trimmed. F. A Taxicab Operator shall not decline to accept as a passenger anyone requesting service under any circumstance unless the Taxicab Operator reasonably determines that the potential passenger exhibits signs of inebriation, is engaged in disorderly conduct or abusive behavior, or if the Taxicab Operator reasonably determines based on a potential passenger’s behavior, that he or she constitutes a threat of physical harm to any individual including other passengers or the taxicab operator. [Amended May 8, 2013] 240-5 Fares A. Fare Schedule 1) No Taxicab Operator shall charge or receive fares for the hire of such Taxicab within the Town in any sums of money other than those prescribed by the "Established Taxi Rates" schedule promulgated by the Board of Selectmen as from time to time amended. B. Rate of Fare 1) The fare to be taken by or paid to the Taxicab Business Owner, Taxicab Operator, or other person having Page 11 – Chapter 240; Article I charge of any licensed Taxicab shall be per the "Established Taxi Rates”. The “Established Taxi Rates” may be amended by the Selectmen periodically. 240-6 Penalties A. Fines 1) Any person, whether Taxicab Business Owner, Taxicab Operator or any other person found in violation of any provision of the Regulations shall be punished by a fine of One Hundred Dollars ($100) for each offense. This penalty may be enforced by the Nantucket Police Department by means of Non-Criminal Disposition pursuant to Chapter 1, Article II of the Town Code. If such person has incurred, and either pleaded guilty, chosen not to contest or been found guilty or “responsible” after hearing for three (3) violations of the Regulations during any given calendar year, then the penalty for the fourth offense during that same calendar year shall be Three Hundred Dollars ($300). B. Suspension of License 1) The Chief of Police or the Chief of Police’s designee may suspend, pending a hearing by the Board of Selectmen, a Taxi Operator’s License of any licensee found in violation of any provision of the Regulations. C. Revocation of License 1) Any violation of the Regulations and rates may, after a public hearing by the Board of Selectmen, result in the suspension or revocation of the Taxicab License. 240-7 Miscellaneous A. Authority 1) The Regulations are adopted under authority of MGL Ch. 40, s. 22. B. Enforcement 1) It shall be the duty of the Nantucket Police Department to enforce the Regulations. C. Severability 1) If any provision or any portion thereof contained in the Regulations is held to be unconstitutional, invalid or unenforceable, the remainder of the Regulations or portions thereof shall be deemed severable, shall not be affected and shall remain in full force and effect. Page 12 – Chapter 240; Article II ARTICLE II Charter, Limousine & Tour Vehicle Regulations [Adopted March 24, 1993; Amended May 16, 1994; Amended March 12, 2003; Amended April 18, 2007] 240-8 Definitions The following words used in these regulations shall have the following meaning, unless a different meaning is clearly apparent from the language or context: BOARD OF SELECTMEN or SELECTMEN - the duly elected members of the Board of Selectmen for the Town of Nantucket, Massachusetts. CHARTER VEHICLE - any passenger motor vehicle capable of carrying no more than ten (10) passengers, including the operator used for the exclusive purpose of conveying passengers to a predetermined specific point that is not upon a way of the Town for sightseeing, excursions or other special events. A Charter Vehicle may traverse ways of the Town only to facilitate conveyance of passengers to the predetermined specific point. CHARTER VEHICLE LICENSE - license issued by the Town Clerk authorizing the use of a Charter Vehicle after approval of the Board of Selectmen. CHARTER VEHICLE OPERATORS LICENSE - picture identification license issued by the Nantucket Police Department authorizing the holder to operate a Charter vehicle. VEHICLE DECAL - a sticker issued by the Town Clerk that shall be displayed on the interior of the windshield and affixed upon the driver’s side lower corner where the windshield meets the vehicle hood and door pillar. The decal shall be affixed so that it is clearly visible above the hood from the exterior of the vehicle and in such a manner as to not restrict visibility. LIMOUSINE VEHICLE - any passenger motor vehicle capable of carrying no more than ten (10) passengers, including the operator used for the exclusive purpose of conveying passengers between specific and predetermined points for an established hourly rate. A Limousine Vehicle shall not be used to conduct tours of any type. LIMOUSINE VEHICLE LICENSE - license issued by the Town Clerk authorizing the use of a Limousine Vehicle after approval of the Board of Selectmen. LIMOUSINE VEHICLE OPERATORS LICENSE - picture identification license issued by the Nantucket Police Department authorizing the holder to operate a Limousine vehicle. OPERATOR - any person who operates a Limousine, Charter or Tour Vehicle. PARKING SPACE – a designated parking space upon a public way of the reserved Town for the exclusive use of vehicles specifically regulated herein. POLICE OFFICER or OFFICER - any officer authorized to make arrests or serve criminal process, provided he is in uniform or displays her/his badge of office. RELATED PARTIES—for the purpose of these regulations, the applicant; any person who is a parent, spouse or child of an applicant; any entity (including without limitation, corporations, partnerships, limited partnerships, limited liability companies or other business entities) in which a related party holds more than a 50% direct or indirect ownership of the stock, capital or profits; or any entity that holds more than a 50% direct or indirect ownership of the stock, capital or profits Page 13 – Chapter 240; Article II TOUR VEHICLE - any passenger motor vehicle capable or carrying no more than ten (10) passengers, including the operator used for the exclusive purpose of conveying passengers for sightseeing and guided tours upon ways of the Town for an established hourly rate. TOUR VEHICLE LICENSE - license issued by the Town Clerk authorizing the use of a Tour Vehicle after approval of the Board of Selectmen. TOUR VEHICLE OPERATORS LICENSE - picture identification license issued by the Nantucket Police Department authorizing the holder to operate a Tour vehicle. TOWN - the Town and County of Nantucket, Massachusetts. TOWN CLERK - the duly elected clerk for the Town of Nantucket, Massachusetts. VALIDATION STICKER - a sticker issued by the Town which shall be affixed to the Limousine, Charter or Tour Vehicle Operators License. Said sticker shall indicate the expiration of the Limousine, Charter or Tour Vehicle Operators License. WAITING LIST –the official codifed list(s) of names of charter, limousine and tour license applicants managed by the Town. WAY - any public way, private way laid out for public use, any way indicated for public use or any way to which the public has a right of access as invitees, licensees or guests. A. Purposes The purposes of these regulations, to be adopted pursuant to the authority of MGL Chapter 40, section 22, are to serve the public need and convenience and to promote the public health, welfare and safety of the residents of and visitors to Nantucket. 240-9 Charter, Limousine and Tour Vehicle Licenses In conjunction with monitoring available annual licenses in this section, the Town will codify and actively manage an official waiting list of applicant names based on order of submission by those interested in acquiring future charter, limousine and tour licenses. The unofficial waiting list(s) as of June 1, 2007 shall serve as the initial reference document such that applicants listed retain seniority unless and until such time any applicant requests removal from the list or declines to respond as necessary to the Town regarding remaining on the waiting list. An application fee may be set by the Board of Selectmen or its designee payable at the time of application and at the time of written annual confirmation of interest by an established deadline for those on the waiting list(s). A. Charter Vehicle Licenses 1) Application for a Charter Vehicle license shall be made by the owner of the Charter Vehicle business. An application by one party for a license shall be deemed to be a joint application by the applicant and all Related Parties who are also licensees. Such application shall set forth under oath all information that the Selectmen may require. Each new applicant for an original license shall apply to the Board of Selectmen for its approval. One license shall be required for a Charter Vehicle business owner with each license specifically designating the number of Charter Vehicles that the business owner is allowed to operate within the Town by the Board of Selectmen. 2) There shall be no application for more than one (1) Charter Vehicle license per business. Except that any business who holds a valid license for a Limousine/Charter Vehicle(s) that was issued prior to April 1, 1993 Page 14 – Chapter 240; Article II may transfer said Limousine/Charter Vehicle license(s) to a Charter, Limousine or Tour Vehicle license(s) upon making application for said license(s) prior to June 15, 1993 Multiple Charter vehicles with one owner are permitted, with approval of the Board of Selectmen. To be eligible for any additional vehicle(s), the license holder must apply in the same manner as for an original license. Only one (1) additional vehicle per license may be awarded per year. B. Limousine Vehicle Licenses 1) Application for a Limousine Vehicle shall be made by the owner of the Limousine Vehicle business. An application by one party for a license shall be deemed to be a joint application by the applicant and all Related Parties who are also licensees. Such application shall set forth under oath all information that the Selectmen may require. Each new applicant for an original license shall apply to the Board of Selectmen for its approval. One license shall be required for a Limousine Vehicle business owner with each license specifically designating the number of Limousine Vehicles that the business owner is allowed to operate within the Town by the Board of Selectmen. 2) There shall be no more than one (1) Limousine Vehicle license per business, unless said license was acquired through transfer of an existing multiple Limousine/Charter Vehicle license issued prior to April 1, 1993. Multiple Limousine vehicles with one owner are permitted, with approval of the Board of Selectmen. To be eligible for any additional vehicle(s), the license holder must apply in the same manner as for an original license. Only one (1) additional vehicle per license may be awarded per year. C. Tour Vehicle Licenses 1) Application for a Tour Vehicle license shall be made by the owner of the Tour Vehicle business. Such application shall set forth under oath all information that the Selectmen may require. Each new applicant for an original license shall apply to the Board of Selectmen for its approval. One license shall be required for a Tour Vehicle business owner with each license specifically designating the number of Tour Vehicles that the business owner is allowed to operate within the Town by the Board of Selectmen. 2) There shall be no more than one (1) Tour Vehicle license per business, unless said license was acquired through transfer of an existing multiple Limousine/Charter Vehicle license issued prior to April 1, 1993. Multiple Tour vehicles with one owner are permitted, with approval of the Board of Selectmen. To be eligible for any additional vehicle(s), the license holder must apply in the same manner as for an original license. Only one (1) additional vehicle per license may be awarded per year. An application by one party for a license shall be deemed to be a joint application by the applicant and all Related Parties who are also licensees D. License Required 1) For Charter, Limousine and Tour Vehicle Licenses except as otherwise provided by law, no person shall engage in the business of transporting persons for hire in a vehicle without first having obtained a license from the Board of Selectmen authorizing and designating the number of vehicles that may be used under said license. E. Number of Licenses 1)The Board of Selectmen shall periodically determine the number of Charter, Limousine and Tour Vehicle Licenses to be issued. Such determination shall be made based upon serving public need, convenience and the promotion of public health and safety, which shall be at the sole discretion of the Board of Selectmen. Page 15 – Chapter 240; Article II F. Residency and Address of Record 1) No Charter, Limousine or Tour Vehicle License shall be issued unless the proposed licensee demonstrates familiarity with the roads of the Town to the satisfaction of the Chief of Police or his designee; provided however that anyone who has resided on Nantucket for at least one year prior to the application for such a license is to be presumed, in the absence of evidence to the contrary, to be familiar with the Town’s roads. 2) The address set forth in the charter, limousine and tour license application shall be considered the address of record for all official business correspondence between the Town and licensee or waiting list applicants. Licensees and applicants shall provide written changes of address as necessary to the Town. G. Possession of License 1) The Charter, Limousine or Tour license, or a photocopy certified by the Town Clerk, shall be displayed in the interior of the taxicab in clear view of the passengers. Each vehicle licensed under these regulations shall, after payment of the fee and compliance with all application and licensing requirements, receive a Vehicle Decal from the Town Clerk which shall be affixed to the licensed vehicle in accordance with these regulations. H. License Fee 1) The fee for a Charter Vehicle License shall be two hundred dollars ($200) annually per vehicle authorized to be operated by the Board of Selectmen. 2) The fee for a Limousine Vehicle License shall be one hundred fifty dollars ($150) annually per vehicle authorized to be operated by the Board of Selectmen. 3) The fee for a Tour Vehicle License shall be three hundred dollars ($300) annually per vehicle authorized to be operated by the Board of Selectmen. 4) There shall be a fee of fifty dollars ($50) for any transfer of license from one vehicle to another during the current year of issuance after initial receipt. I. Proof of Registration 1) No Charter, Limousine or Tour Vehicle License shall be issued by the Town Clerk until the applicant presents proof of registration and insurance appropriate for Charter, Limousine or Tour Vehicle operations and provided that such insurance and registration complies with the provisions of Massachusetts General Law, Chapter 90. All applicants must present to the Town Clerk an original Massachusetts Vehicle Registration that clearly indicates the maximum passenger capacity of the vehicle being licensed. If the Registration document does not indicate maximum passengers, then the applicant must provide the original motor vehicle title document issued by the Massachusetts Registrar of Motor Vehicles. The Town Clerk is prohibited from issuing any license to a vehicle that has a maximum carrying capacity of ten (10) passengers, (which includes the driver). If the Charter, Limousine or Tour Vehicle business owner is allowed by the Board of Selectmen to operate more than one (1) Charter, Limousine or Tour Vehicle, the business owner shall provide proof that each vehicle licensed complies with this section. 2) All insurance and registration requirements specified in the preceding paragraph shall be for a minimum period of three (3) months. And provided further that any vehicle so registered and insured must be inspected and equipped as provided in Chapter ninety of the General Laws. Any Charter, Limousine or Tour Vehicle license holder who fails to meet the requirements of this section shall forfeit said Charter, Limousine or Tour Vehicle license immediately. Page 16 – Chapter 240; Article II J. License Transfer 1) No Charter, Limousine or Tour Vehicle License provided for in these regulations shall be sold, assigned or transferred, nor shall a majority in interest of any entity holding such a license be sold, without the approval of the Board of Selectmen. Such sale, assignment or transfer without such approval, shall automatically terminate said license, and any license held shall immediately be surrendered to the Town Clerk. 2) No person or business which holds a Charter, Limousine or Tour Vehicle license, shall allow said license to be used, managed or in any way controlled by any other person or business who is not the license holder as approved by the Board of Selectmen. 3) No vehicle which is operated under these regulations shall be leased or borrowed by the Charter, Limousine or Tour Vehicle license holder without the approval of the Board of Selectmen. 4) No Charter or Tour Vehicle license may be transferred to a vehicle used as a Taxicab within the Town, nor shall said Charter or Tour License be used in conjunction with a Taxicab license issued to the same vehicle for a period of one (1) year from the date of issue of the Charter or Tour Vehicle License. 5) A Limousine License may not be used in conjunction with a Taxicab license. K. Inspection 1) Charter, Limousine or Tour Vehicles licensed by the Board of Selectmen are subject to periodic inspections by the Nantucket Police Department to determine their fitness for continued operation and compliance with the regulations herein. 2 ) Charter, Limousine or Tour Vehicles shall comply with all provisions relative to the operation and equipping of motor vehicles under Massachusetts General Laws, Chapter 89 and 90, any bylaw of the Town or any rule or regulation promulgated by the Registrar of Motor Vehicles. No vehicle shall be operated under these regulations with a Rejection Sticker, so called, indicating a failure to comply with safety or emission requirements. 3) Charter, Limousine or Tour Vehicles shall be well maintained and be in a good and reliable mechanical condition. 4) Charter, Limousine or Tour Vehicles shall be clean, inside and outside and be well painted. All external vehicle surfaces are to be free of major dents or other defects which could affect the appearance of the Charter, Limousine or Tour Vehicle. 5) Charter, Limousine or Tour Vehicles shall be equipped with either wheel covers or hub caps on all wheels of the vehicle. 6) Any violation of the preceding shall result in the automatic suspension of the Charter, Limousine or Tour Vehicles right to operate, such suspension shall not be rescinded until said violations are corrected. L. Rates and License Posting 1) Rates shall be determined by the Board of Selectmen and shall be clearly displayed along with the Charter, Limousine or Tour Vehicle License in view of passengers, and be so placed and secured in a frame or in some other manner that it may not be easily molested or destroyed. Page 17 – Chapter 240; Article II M. Advertisements 1) No advertisements of any description, including announcements of rates or fares shall be displayed upon a Charter, Limousine or Tour Vehicle. The owners name, address and telephone number may be placed upon the Charter, Limousine or Tour Vehicles, however, they shall be so placed so as to not impair or impede the operator of said Limousine/Charter Vehicle and further provided that it does not violate any provision of Massachusetts General Laws, section seven, nine or thirteen of Chapter ninety or any section of the Code of Massachusetts Regulations. N. Zoning Requirements 1) All applicants shall comply with all zoning requirements of the Town and provide proof of compliance to the Board of Selectmen prior to the approval of said license. O. Duration of License 1) All Charter, Limousine or Tour Vehicle licenses shall be valid from June 1st through May 31st. Charter, Limousine or Tour Vehicle licenses approved by the Board of Selectmen and issued by the Town Clerk may be renewed upon payment annually on or after May 15th and no later than May 31st. There shall be no extensions or grace period after May 31st. 2) If the Board of Selectmen grants a new license during the year, the license grantee shall take acceptance and pay for said license no later than thirty (30) days after said approval by the Board or the license is considered abandoned. 3) All Charter, Limousine and Tour Vehicle license holders shall comply with Massachusetts General Law, Section 49A of Chapter 62C stating that s/he/it has complied with all laws of the Commonwealth relating to taxes prior to receiving a license from the Town Clerk. 240-10 Charter, Limousine or Tour Vehicle Operators A. Charter, Limousine and Tour Operators License 1) Every operator of a Charter, Limousine or Tour Vehicle while engaged in the operation of a Charter, Limousine or Tour Vehicle licensed under these regulations shall display her/his Charter, Limousine or Tour Vehicle Operators License in a suitable frame or other device upon the interior of said Charter, Limousine or Tour Vehicle where it is in plain view and can be easily viewed by passengers riding in the rear seat of the aforesaid Charter, Limousine or Tour Vehicle. 2) All Charter, Limousine or Tour Vehicle Operators Licenses shall be affixed with a current validation sticker as issued by the Town of Nantucket. All applicants for a Charter, Limousine or Tour Vehicle Operators License shall possess a current and valid Massachusetts Motor Vehicle Drivers License, and be at least eighteen (18) years of age. B. Fee for Licenses Fee for Charter, Limousine or Tour Vehicle operators picture identification license shall be fifty dollars ($50) Picture identification badges shall not have to be renewed annually, however a validation sticker shall be obtained yearly clearly stating the expiration date of the operator's license. The fee for the validation sticker shall be a fee of twenty-five dollars ($25) yearly. If a picture identification license is lost or in need of replacement, there shall be a fee of twenty-five dollars ($25) for the picture ID and a twenty-five dollar ($25.00) fee for the validation sticker for a total replacement or new issue fee of fifty dollars ($50). C. Application for Charter, Limousine or Tour Operators Identification Licenses 1) All applicants shall set forth, under the penalties of perjury, such uniform information as may be required of said applicant in addition to the following information: name of applicant, and the name of the license holder they will be working for. Page 18 – Chapter 240; Article II D. Rejection of Application In addition to failure to meet the requirements of the preceding sections, a decision to reject an application, or to suspend, revoke, or fail to renew a license may be based on the following: 1) An applicant convicted of any felony or misdemeanor may be barred from receiving or holding a license for up to the maximum periods of time: a. Five (5) years after the incident leading to the applicant license holders conviction or admission of sufficient facts or pleas of nolo for the sale or possession of a controlled substance, or for operating under the influence of an intoxicating liquor or of a controlled substance, or for assault and battery. b. Five (5) years after the incident that led to the revocation, or two (2) years after the incident which led to the suspension of a driver’s license. c. Any conviction or finding of responsible for a moving violation. The Selectmen may suspend the Charter, Limousine or Tour Vehicle operators license for a period of time set by the Selectmen that shall not exceed seven (7) days. 2) Notwithstanding the preceding subsections, where the evidence shows that the applicants or license holders other activities or condition would, if combined with the use of a Charter, Limousine or Tour Vehicle operators license, present a danger to the health, safety, welfare or morals of the Town of Nantucket, the Selectmen may reject an application, or they may suspend, revoke or fail to renew an existing license. 240-11 Prohibited Practices A. Designated Parking Areas 1) An operator of a Tour Vehicle, when occupying that part of a way designated as a Tour Vehicle parking area, shall not decline to accept as a passenger anyone requesting service and must thereafter depart from said parking areas without delay. No person may park or stand a vehicle other than a Town-licensed tour vehicle in a designated tour vehicle stand. 2) No Tour Vehicle operator, while awaiting employment by passengers, shall allow her/his vehicle to stand or park upon any public way except at a designated Tour Vehicle parking area. 3) No Tour Vehicle operator, while awaiting employment by passengers, shall allow her/his vehicle to stand unattended at a designated Tour Vehicle parking area. 4) No Tour Vehicle operator shall park in a designated Tour Vehicle parking area while said parking area is already occupied by a vehicle owned, operated or affiliated with the operator. 5) No Limousine operator shall conduct tours of any type. 6) No Charter Vehicle operator shall conduct a tour or excursion upon any way and shall only conduct a tour or excursion for hire upon private property with the permission of the property owner. 7) No Charter or Tour Vehicle shall be used in conjunction with a taxicab License. B. Number of Passengers 1) No owner or operator of a Charter, Limousine or Tour Vehicle shall permit, suffer or allow any Charter, Limousine or Tour Vehicle under his/her control to operate with a number of passengers greater than the number of available seatbelts. No Charter, Limousine or Tour Vehicle shall transport passengers under these regulations unless said passengers are able to occupy a seat with a seatbelt. Page 19 – Chapter 240; Article II 2) No owner or operator of a Charter, Limousine or Tour vehicle shall offer to provide service by means of any motor vehicle carrying more than ten (10) persons, including the driver upon any way within the Town. C. Operator/Owner Conduct 1) Charter, Limousine or Tour Vehicle operators shall not dress in an unprofessional manner or in any other manner not consistent with section 240-11D of this regulation. All Charter, Limousine or Tour Vehicle operators shall wear shirts and shoes and present a neat and professional appearance at all times while awaiting a fare or operating a Charter, Limousine or Tour Vehicle. 2) No owner or person having care of a Charter, Limousine or Tour Vehicle shall permit, suffer or allow any person other than a duly authorized operator under these regulations to operate the licensed vehicle. 3) No Charter, Limousine or Tour Vehicle operator shall fail to produce his Massachusetts driver’s license, vehicle registration or fail to stop and identify himself/herself and/or owner of the Charter, Limousine or Tour Vehicle upon direction of a police officer. 4) No Charter, Limousine or Tour Vehicle owner or operator shall allow a vehicle to be operated on a way if it is in violation of any of the provisions of these regulations. 5) Charter, Limousine or Tour Vehicle owners and operators shall at all times while operating under these regulations maintain a professional, polite and courteous demeanor. 6) Smoking is prohibited by Charter, Limousine or Tour Vehicle operators while engaged in carrying or waiting for fares. D. Owner/Operator Dress Code 1) The following is a minimum professional standard of dress for Charter, Limousine or Tour Vehicle operators: Pants/Skirts – clean, no holes, rips or tears. Hems must be sewn Shorts-clean, no holes, rips or tears. Length must be equivalent to “Bermuda Short” type. No fringed bottoms,; hems must be sewn. Shirts – clean, with long or short sleeves. No T-shirts, halter tops. Sweatshirts may be worn only as an outer garment. Shoes – sneakers, loafers or docksiders are acceptable with no holes or tears. Sandals may be worn if secured around ankle. Jackets – clean, no holes or rips, jackets with advertising other than of the taxicab company are prohibited. Caps/Hats – clean, no holes, worn on the top of the head and with the brim facing forward. Grooming – hair must be clean, neat and combed, face must be clean shaven or beard and/or mustaches must be neat and trimmed. 240-12 Rates A. Charter, Limousine or Tour Vehicle Rates 1) The fee for a one (1) hour rental of a Charter, Limousine or Tour Vehicle shall be no less than thirty-five dollars ($35) per hour with a hired minimum of one (1) hour. Page 20 – Chapter 240; Article II 240-13 Penalties A. Fines 1) Any person, whether Charter, Limousine or Tour Vehicle Business Owner or Operator found in violation of any provision of these regulations shall be punished by a fine of one hundred dollars ($100) for each offense. This penalty may be enforced by the Nantucket Police Department by means of Non Criminal Disposition pursuant to Chapter 1, Article II of the Town Code. If such person has incurred, and either pleaded guilty, chosen not to contest or been found guilty or “responsible” after hearing more than three violations of these regulations during a calendar year, then the penalty for the fourth such offense during that calendar year shall be three hundred dollars ($300). Subsequent infractions may result in forfeiture of vehicle license. B. Suspension of License The Chief of Police or his designee may suspend, pending a hearing by the Board of Selectmen, a Charter, Limousine or Tour Vehicle Operator’s License or the Charter, Limousine or Tour Vehicle License of any person or Charter, Limousine or Tour Vehicle Business Owner found in violation of any provision of these regulations herein. C. Revocation of License Any violations of these regulations and rates may, after a public hearing by the Board of Selectmen, result in the suspension or revocation of the owner’s license or Charter, Limousine or Tour Vehicle Operator’s license. 240-14 Miscellaneous A. Authority These rules and regulations are adopted under authority of Massachusetts General Laws Chapter 40, section 22. B. Enforcement It shall be the duty of the Nantucket Police Department to enforce the provisions of these rules and regulations. C. Severability If any provisions or any portion thereof contained in these regulations is held to be unconstitutional, invalid or unenforceable, the remainder of the regulations or portions thereof shall be deemed severable, shall not be affected and shall remain in force and effect.