HomeMy Public PortalAbout1050-22 TAXICAB (WARD 1)TAXICAB OWNERS AND TAXICAB OPERATORS BY-LAW
BY-LAW # 1050-22
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The Town of Sussex under authority vested in it by the Municipalities Act, R.S.N.B.,
1973, and amendments thereto hereby enacts as follows:
1. TITLE
This by-law may be cited as Taxicab Owners and Taxicab Operators By -Law.
2. PURPOSE
The purpose of this bylaw is to regulate the owners and operators of taxicabs
within the Town of Sussex.
3. DEFINITIONS
In this by-law, unless the context otherwise requires, the words hereinafter
defined shall have such meaning:
(a) "Bus" means any motor vehicle designed for carrying ten or more
passengers and used for the transportation of persons,
(b) "By -Law Enforcement Officer" means any person authorized by Council
to enforce provisions of this By -Law of the Town;
(c) "Council" means the Town Council of the Town of Sussex;
(d) "Commercial vehicle" means a motor vehicle designed or adapted for
the carrying of freight,
(e) "Development Officer" means the Development Officer of the Town of
Sussex;
(f) "License" means a license to conduct a taxicab business as a taxicab
owner or a license to operate a taxicab as provided by this by-law;
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(g)
"Manifest" shall mean a daily record prepared by a taxicab operator of
all trips made by said operator showing time and place or origin,
destination and number of passengers;
(h) "Motor Vehicle" means every vehicle that is self-propelled and every
vehicle that is self-propelled by electric power obtained from overhead
trolley wires, and not operated upon rails, but does not include a farm
tractor.
(i)
(j)
"Owner" means the legal owner of a vehicle unless the vehicle is subject
to a contract under terms of which another person has possession and
may acquire the legal title thereto, in which event that person has
possession against the legal owner, "owner" means that other person;
"Police Officer" means a member of the Royal Canadian Mounted Police,
a person employed or appointed pursuant to the Royal Canadian
Mounted Police Act, chapter R-9 of the revised statutes of Canada, 1970
and amendments thereto. For the purposes of the administration and
enforcement of this by-law a member may include an auxiliary member
under the supervision of a "Police Officer";
(k) "Private Passenger Vehicle" means a motor vehicle designed and used
primarily for the transportation of persons without remuneration and
does not include a bus or taxicab.
CO
(m]
"Street" means a public road, alley, highway, lane, path or other public
place located in the Town, designated and intended for or used by the
general public for the passage of vehicles;
"Taxi Stand" means the office or other authorized place of business used
by the licensed owners and licensed operators of taxicabs in the
ordinary course of their business;
(n) "Taxicab" means a motor vehicle, other than a bus, during any period in
which the vehicle is being used to transport a person for remuneration,
including the period in which the person who is to be, is being or has
been transported for remuneration embarks or disembarks and the
period in which the luggage of such a person is being loaded or
unloaded includes a cab, limousine, or bus and means a motor vehicle
used for the transport of passengers for hire but does not include
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(1) a carrier licensed under the Motor Carrier Act ;
(ii) a bus, including the operator thereof; or
(iii) a vehicle while engaged in services which are developed and
provided by non-profit organizations through partnerships by
coordinating public, private, non-profit, and volunteer resources,
and services that receive provincial or municipal financial
support to cover a portion of the operating costs of a
community -based transportation service.
(o) "Taxicab Operator" means any person who drives or is in actual
physical control of a taxicab;
(p) "Taxicab Owner" means the owner of a taxicab business who in the
course of business engages motor vehicles as taxicabs under contract
and/or owns a motor vehicle operating as a taxicab.
(cl)
"Town" means Town of Sussex; and
(r) "Town Clerk" means the Town Clerk of the Town of Sussex.
4. TAXI CAB OWNER'S, GENERAL REQUIREMENTS:
No person shall:
1) Operate or permit to be operated in the Town of Sussex as a taxicab, a
vehicle owned by them, within the limits of the Town of Sussex without
having a valid Taxicab Owner's License issued under the hand of the
Town Clerk of the Town of Sussex for that vehicle.
2) Operate or permit to be operated a taxicab within the limits of the
Town of Sussex unless the driver thereof has a valid Taxicab Operators
Licence issued under the hand of the Town Clerk of the Town of Sussex
for that driver.
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5. TAXICAB OWNER'S and DRIVERS LICENSES:
1) Application for Taxicab Owners Licence:
An application for a Taxicab Owners Licence for each taxicab shall be
made in writing to the Town Clerk and shall include the following:
(a). -completed application form approved by the Town of Sussex
hereto attached as Schedule "R";
(b). the name, address and phone number of the applicant;
(c)
address of the place of business which shall be located in a zone
under the Town of Sussex Zoning By -Law that permits a taxi
operation.
(d). the name and address of the insurer of the vehicle with proof of
insurance in the minimum amount of one million dollars
($1,000,000) in respect of bodily injury to or death of a
passenger, and against all public liability and property damage
arising out of the operation of the taxicab, as well as a policy
endorsement containing a rider or endorsement thereon
indicating that the Town of Sussex shall be given fifteen days
notice in writing of any intention to cancel the coverage;
(e). A copy of the current vehicle registration;
(f). A copy of the current inspection report
(g). An application fee in the amount as prescribed in this by-law
attached hereto as Schedule "C", Schedule of Fees.
2) Application for Taxicab Drivers Licence:
An application for a Taxicab Drivers Licence shall be made in writing to
the Town Clerk and shall include the following:
(a). -completed application form approved by the Town of Sussex
hereto attached as Schedule "B" of this By-law;
(b). the name, address and phone number of the applicant;
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(4 a copy of the applicant's current Driver's license issued under the
Motor Vehicles Act, R.S,N.B. 1973, c- M-17 authorizing the
applicant to drive a taxicab;
(d). a declaration by the applicant that they are not ineligible for a
taxicab driver's license as set out in Sections 8 (d), 8 (e), and 8
[f
(e). A valid abstract of their driving record from the Registrar of
Motor Vehicles showing the applicant currently holds a valid NB
Driver's License
(f). A signed consent for disclosure of criminal records information
and a Criminal Record Check completed by the Sussex
Detachment of the R.C.M.P., including a Vulnerable Sector Search;
(g). An application fee in the amount as prescribed in this by-law
attached hereto as Schedule "C", Schedule of Fees.
3) Issuance of License:
(a).
Upon receipt of a complete application pursuant to the By-law,
and upon being satisfied that the applicant is not ineligible for a
license pursuant to Section 5 (1) or 5 (2) herein, the Town of
Sussex shall issue a license to the applicant. Such license shall
expire at 11:59 p.m. on the 31st day of March of the year
following the year it was issued and is not transferable.
(b). Any licenses issued prior to the enactment of subsection (a) shall
be deemed to have been issued pursuant to subsection (a) and
shall expire on 31St day of March of the year following the year it
was issued.
(c). Notwithstanding subsection (a), where a vehicle for which a
taxicab owner's license has been issued is no longer being
operated as a taxicab, and where the owner has requested that
the license be transferred to another vehicle, the Town Clerk
may upon the payment of a twenty dollar ($20) administration
fee, and upon being satisfied that the requirements of
subsections 3 (c) and 3 (d) of this Section have been met,
transfer the license to the new vehicle, for the duration of the
term of the original license. Replacement of lost licenses shall be
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subject to the fees set out in Schedule "C" at the time of
processing the replacement.
(d), Notwithstanding subsection (a), the Town Clerk shall not issue a
taxicab owner's license after April 30th, 2014, to a vehicle with a
model year more than ten (10) years.
(e). Where the Town Clerk issues a taxicab license, the Town Clerk
shall also issue identification decals for every vehicle licensed
hereunder.
(f). The decals referred to in this section shall not be transferred or
affixed to any vehicle other than the vehicle for which it was
issued.
(g). Replacement decals for lost, mutilated or illegible decals shall be
subject to the twenty -dollar ($20.00) fee to supply and issue
substitute identification decals for that vehicle.
4) Display of License:
(a).
Every taxicab owner shall display the taxicab owner's license in
full view of all passengers in the taxicab for which the license
was issued. The displayed information shall include only the
incorporated name of the Taxicab Business, the issued license
number, the date of expiration of the license and the Town of
Sussex contact information.
(b). Every taxicab owner shall permanently affix the identification
decals issued herein to the outside rear window and outside rear
side windows of the vehicle in such a location as to be visible
from both rear doors and the rear of the vehicle.
(c). Every taxicab driver shall display their license in every taxicab
they operate in such a location so that it is fully visible to all
passengers. The displayed information shall include only the
licensed driver's last name, the issued license number, the date
of expiration of the license and the Town of Sussex contact
information.
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6. DUTIES OF A TAXICAB OWNER;
(a), Every owner shall keep their taxicab in a clean condition and
without limiting the generality of the forgoing, shall ensure that
there is no accumulation of food, food wrappers, beverage
containers, packages or wrappers in the passenger compartment
of the taxicab.
(b). Upon request of the Town Clerk file a photocopy of the report of
the Motor Vehicle Inspection of each taxicab owned by them with
the Town Clerk.
(c). Upon request of the Town Clerk, file in writing with the Town
Clerk, the name, address and telephone number of each taxicab
driver employed by the owner, or the names, addresses and
telephone numbers of every taxicab driver who has left or has
been terminated from such employment since the last renewal of
their license.
(d). When required to do so by a By-law Enforcement Officer or a
Police Officer, forthwith submit the vehicle for inspection to
determine compliance with the Motor Vehicle Act requirements
under Section 6 (1) of Regulation 83485 of the Motor Vehicle
Act.
(e), Upon request of the Town Clerk, file proof of valid insurance as
required under Section 5 (1) (d) of the by-law.
7. DUTIES OF A TAXICAB DRIVER:
(a). Be neat and clean in appearance while engaged in the operation
of a taxicab and, shall wear a shirt, ankle length trousers or dress
shorts, socks and appropriate foot wear. Every female driver
may, in place of ankle length trousers wear a skirt.
(b). Keep their taxicab in a clean condition and without limiting the
generality of the forgoing, shall ensure that there is no
accumulation of food, food wrappers, beverage containers,
packages or wrappers in the passenger compartment of the
taxicab; and
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(c). Upon request of the Town Clerk, file updated Criminal Record
Check completed by the Sussex Detachment of the R.C.M,P. with
the Town Clerk.
8. SUSPENSION AND REVOCATION OF LICENSE:
(a) A taxicab owner's license shall be suspended by the Town of
Sussex if it is determined that a taxicab operated under such
license is no longer insured. The suspension shall remain in
effect until proof of insurance is provided to the office of the
Town Clerk.
(b) A taxicab driver's license shall be:
Suspended by the Town Clerk, if the holder thereof is charged
with an offence under:
1. The Liquor Control Act, R.S.N.B, 1973 c. L-10, while
operating a taxicab;
2. The Controlled Drugs and Substances Act, S.C. 1996, c 19;
3. The Food and Drug Act, R.S.C. 1985, c. F-27; or
4. The Criminal Code of Canada, R.S.0 1985, c. C-46.
The suspension shall remain in effect until the final disposition of
the charge mentioned herein.
ii. revoked by the Town Clerk, if the holder thereof is convicted
of an offence under the statutes enumerated in subsection (b)
or of it is subsequently determined that information provided
in or accompanied with the application is false.
(c) Notwithstanding any other provision herein, the Town Clerk
shall suspend any license issued pursuant to Section 5 (3) herein
where:
i. The holder of the license no longer meets the
requirements for the insurance of a license herein; or
ii. The holder of the license has violated any provision of this
by-law.
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(d) Any person who has been charged with an offence under the
statutes enumerated in Section 8 shall be illegible for a license
until final disposition of the charge mentioned herein.
(e) Any person who has had a license issued hereunder revoked or,
not having a license, has been convicted under a statute
enumerated in Section 8 shall be ineligible for a license for a
period of two (2) years, in the case of a summary conviction
offense or an offence under the Provincial Offences Procedure
Act, S. N. B. 1987, c. P-22.1 and five years in the case of an
indictable offence, from the date of conviction.
(f) Notwithstanding any other provisions herein, any person found
to be a dangerous offender under part XXIV of the Criminal Code
of Canada, or who has been convicted of any of the offenses listed
in Schedule 2 of the Criminal Records Act, R.S.C., 1985, c. C-47,
including any convictions in respect of which a pardon has been
granted, shall be ineligible for a license hereunder.
(g)
Where the Town Clerk suspends or revokes a license hereunder,
the Town Clerk shall give written notice of such suspension or
revocation of such license to the holder thereof, the reason for
such suspension or revocation and the time period of any
suspension or revocation.
(h) When any license issued hereunder has been suspended or
revoked, the holder of such license shall forthwith surrender
such license to the office of the Town Clerk,
(1)
[i)
Where a person has been issued a license following an appeal
hereunder, the provisions of this section only apply to that
person for matters which arise following the issuing of the
license; and
Notwithstanding any other provision herein, any taxicab owner
who is convicted of having permitted their taxicab to be operated
by a driver who does not hold a valid taxicab drivers license
while in the commission collecting fares for transportation of
passengers, or their luggage, shall be ineligible for a taxicab
owners license for a period of two (2) years from the date of
conviction.
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9. RIGHT TO REFUSE PASSENGERS
1) A taxicab operator may refuse taxi service to a person where:
(a) the person is drunk or disorderly;
(b) the person is indebted to the taxicab operator or taxicab owner
for taxi service;
(c) the person is apparently unable to pay for taxi service; and/or
(d) the person requests that an animal or baggage be carried, which
in the taxi operator's opinion, may be detrimental to the repair,
cleanliness or sanitary condition of the taxicab.
10. DUTIES OF POLICING SERVICES AND/OR THE BY-LAW ENFORCEMENT
OFFICER
In support of each application received by the Town, the Clerk shall request
information necessary for the Clerk's Office to administer any application for
licensing under this by-law from Policing Services.
(1)
The Town's By-law Enforcement Officer is hereby expressly authorized
by this by-law to support in the assessment of an application for license
under this by-law and such person, so designated, shall:
(a) complete a Criminal Records Check request authorized by the
applicant to be submitted the Sussex Detachment of the R.C,M.P.,
including a Vulnerable Sector Search and report to the Clerk its
findings of all applications forwarded for review under this by-
law;
(b) make or cause inquiries to police authorities and motor vehicle
authorities to confirm that a person is not disqualified from
obtaining or holding a license under this by-law;
(c)
make or cause inquiries to police authorities and motor vehicle
authorities to confirm that a vehicle is not disqualified from
obtaining or holding a license under this by-law;
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(d) make all necessary inquiries concerning application for licenses
as may be required to secure a due observation of the law and of
this by-law;
(e) recommend to examine, a vehicle for which a license is
requested under this by-law and where it is deemed reasonable
by the 13y -law Enforcement Officer that a motor vehicle
inspection is necessary prior to the Clerk issuing a license;
(f) submit to the Town Clerk, his reasons for his recommendation of
not granting a license, or, for cancelling or suspending any
license under this by-law;
(g)
ascertain by inquiry, from time to time, and as often as may be
required by the Town, or, by a Police Officer, whether persons
holding licenses under this by-law continue to comply with the
provisions of the law and of this by-law,
11. DUTIES OF THE TOWN
The Town shall furnish every person receiving a license under this by-
law with a copy of the by-law; and inform each licensed taxicab owner
of changes in the inspection requirements and the designated inspector
under the terms of this by-law and keep a register of all licenses,
granted, which shall contain the name or names of the applicants and
the number of taxicabs kept by each applicant for a license with full
description thereof, including make, model, year and colour, the amount
paid for the license and such further particulars and such other books as
may be necessary.
12. APPEALS
(1) Any person who has been refused a license hereunder may appeal such
refusal to the Council of the Town of Sussex by giving written notice of
such appeal to the Town Clerk within ten (10) days of receipt of such
notice.
(2) Any person who has received a notice of suspension or cancellation
may appeal such suspension or cancellation to the Council of the Town
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of Sussex by giving written notice of such appeal to the Town Clerk
within ten (10) days of receipt of such notice,
(3)
Upon hearing the appeal, the Council of the Town of Sussex shall
confirm, alter or remove such refusal, suspension or cancellation and
shall notify the appellant in writing of its decision within ten (10) days
of hearing the appeal. Said appeal to be heard at the next regularly
scheduled meeting of the Town Council.
13. OFFENCES AND PENALTIES
(1)
Every person who violates the licensing provision of this by-law is
guilty of an offence and is liable on conviction to a minimum fine of
two -hundred and fifty dollars ($250.00), and a maximum fine of one
thousand and seventy dollars ($1,070.00).
(2) A person who violates any other provision of this by-law is guilty of an
offense and is liable upon conviction to a minimum fine of one hundred
Dollars ($100.00), and a maximum fine of one hundred and seventy
dollars ($170.00).
14. PLURAL OR FEMININE TERMS
Plural or feminine terms may apply whenever the singular, masculine or
feminine is used by this by-law. it shall be considered as if the plural,
feminine or masculine has been used where the context of the party or parties
hereto so requires.
15. VALIDITY
The invalidity of any section, clause, sentence or provision of this by-law shall
not affect the validity of any other part of this by-law, which can be given
effect without such invalid part or parts,
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16. TRANSITIONAL PROVISION
All licences issued under a by-law entitled "A 13y -Law To Regulate Taxicab
Owners and Taxicab Operators in The Town of Sussex", being By -Law # 1050-
16, and in force immediately before the commencement of this by-law
continue in force and shall be considered as licences issued under this by-law
until they expire or until they are suspended or revoked under this by-law.
17. REPEAL
(1)
The by-law entitled "A By -Law To Regulate Taxicab Owners and Taxicab
Operators in The Town of Sussex, By -Law # 1050-16", enacted on the
18th day of April, 2016, and all amendments thereto are hereby repealed.
(2) The repeal of "A By -Law to Regulate Taxicab owners and Taxicab
Operators in the Town of Sussex, By -Law #1050-16", shall not affect any
penalty, forfeiture or liability incurred before such repeal or any
proceeding for enforcing the same completed or pending at the time of
repeal, nor shall it repeal, defeat, disturb, invalidate or prejudicially
affect any matter or thing whatsoever completed, existing or pending at
the time of repeal.
READ FIRST TIME BY TITLE:
READ SECOND TIME BY TITLE:
READ IN ENTIRETY:
READ THIRD TIME BY TITLE
AND ENACTED:
Apri119, 2022
April 19, 2022
October 24, 2022
October 24, 2022
TOWN CLERK MAYOR
SCHEDULE "A"
APPLICATION FOR TAXICAB OWNER LICENSE
TO BE COMPLETED BY APPLICANT
I, , BEING THE OWNER OF A
MOTOR VEHICLE DESCRIBED AS FOLLOWS MAKE APPLICATION TO POLICING
SERVICES FOR A TAXICAB OWNER LICENSE:
BUSINESS NAME
VEHICLE IDENTIFICATION NO.
MAKE
MODEL
YEAR
COLOR
CURRENT TOWN ISSUED LICENSE NO.
CURRENT YEAR'S PROVINCAL LICENSE NO.
MOTOR VEHICLE INSPECTION NO.
DATE OF LAST INSPECTION (WITHIN ONE (1)
MONTH)
INSURANCE POLICY NO.
AMOUNT OF INSURANCE POLICY
INSURANCE AGENT
MY TAXICAB WILL BE OPERATED FROM THE FOLLOWING ADDRESS:
SIGNATURE OF APPLICANT
TO BE COMPLETED BY BY-LAW ENFORCEMENT OFFICER
THIS CERTIFIES THAT THE ABOVE MENTIONED MOTOR VEHICLE IS SUITABLE FOR
USE AS A TAXICAB AND RECOMMENDS THIS APPLICANT FOR A TAXICAB OWNER'S
LICENSE,
THIS CERTIFIES THAT THE ADDRESS FROM WHICH IT IS STATED THAT THE TAXI
BUSINESS WILL BE OPERATED IS IN THE ZONE ALLOWED BY THE ZONING BY-LAW.
SIGNATURE OF BY-LAW ENFORCEMENT OFFICER
TO BE COMPLETED BY TOWN CLERK
DATE OF ISSUE FEE COLLECTED
TERM OF LICENSE
LICENSE NUMBER
SIGNATURE OF TOWN CLERK
SCHEDULE "B"
APPLICATION FOR TAXICAB OPERATOR'S LICENSE
TO BE COMPLETED BY APPLICANT
NAME IN FULL
PHONE NUMBER
DATE OF BIRTH
PLACE OF BIRTH
PRESENT RESIDENCE
PRESENT TAXI LICENCE NUMBER
DRIVER'S LICENSE NO,
CLASS OF LICENSE
DRIVING EXPERIENCE
OCCUPATION
NAME OF PRESENT EMPLOYER
ADDRESS OF PRESENT EMPLOYER
NAME OF EMPLOYERS (PAST 5 YEARS)
ADDRESS OF EMPLOYERS (PAST 5 YEARS)
SIGNATURE OF APPLICANT
TO BE COMPLETED BY BY-LAW ENFORCEMENT OFFICER
THIS CERTIFIES THAT THE ABOVE MENTIONED APPLICANT IS FIT AND PROPER TO
BE A TAXICAB OPERATOR AND RECOMMENDS THIS APPLICANT FOR A TAXICAB
OPERATOR'S LICENSE.
SIGNATURE OF OFFICER IN COMMAND
TO BE COMPLETED BY TOWN CLERK
DATE OF ISSUE FEE COLLECTED
TERM OF LICENSE
BADGE NO
SIGNATURE OF TOWN CLERK
SCHEDULE "C"
SCHEDULE OF FEES
The following fees shall be paid to the Town Clerk upon application for a
license under this by-law:
TAXICAB OWNERS WHO ARE RESIDENTS OF THE TOWN OF SUSSEX
• $50.00 PER YEAR FOR THE FIRST VEHICLE
• $35.00 PER YEAR FOR EACH ADDITIONAL VEHICLE
TAXICAB OWNERS WHO ARE NOT RESIDENTS OF
THE TOWN OF SUSSEX
• $65.00 PER YEAR FOR THE FIRST VEHICLE
• $50.00 PER YEAR FOR EACH ADDITIONAL VEHICLE
TAXICAB OPERATORS WHO ARE RESIDENTS OF
THE TOWN OF SUSSEX
• $30.00 PER YEAR
TAXICAB OPERATORS WHO ARE NOT RESIDENTS OF
THE TOWN OF SUSSEX
• $40,00 PER YEAR
A FEE OF TWENTY DOLLARS ($20.00) SHALL BE CHARGED FOR THE
ADMINISTRATION OF TRANSFERING OF A LICENCE, THE REPLACEMENT
OF A LOST IDENTIFICATION DRIVER'S LICENCE, OR REPLACEMENT
DECALS.