T OW N OF EDGARTOWN REGULATIONS TO TRANSPORT PERSONS ARTICLE II. EXCEPTIONS Nothing herein contained shall be construed as prohibiting a driver of a taxicab, transportation network company vehicle, or other private TOWN vehicle , licensed to perform such service within the County of Dukes County or by the OF Commonwealth, from driving through the Town of Edgartown or from accepting passengers or EDGARTOWN goods if summoned at the request of such passenger or client, by means of a telephone or radio dispatch from their principal place of business. ARTICLE III. AUTHORITY The Board of Selectmen as authorized pursuant to Section 22 of Chapter 40 of Massachusetts General Law may approve the adoption of regulations relative to the licensing and operation of taxicab, transportation network company, or other private vehicle services in Edgartown; and may, after providing public REGULATIONS TO notice, conduct hearings to amend the TRANSPORT PERSONS regulations. Any such amendments shall not take effect until published or posted in accordance with law. ARTICLE IV. PUBLIC ACCOMMODATION BOARD OF SELECTMEN As a place of public accommodation, a taxicab, EDGARTOWN, MASSACHUSETTS transportation network company, or other private vehicle business licensed by the Town shall reasonably afford full and equal accommodations, advantages, facilities and privileges to all persons, subject only to the conditions and limitations established by law. Any act of adverse treatment, distinction, discrimination, or restriction because of a person’s race, color, religious creed, national ARTICLE I. PREAMBLE origin, sex, sexual orientation, physical In the Town of Edgartown, no person, business, disability, or mental disability, shall be deemed or corporation driving or having charge of a an unlawful act of discrimination. taxicab, transportation network company vehicle, or other private vehicle shall, unless ARTICLE V. SAVING PROVISION licensed by the Town to perform such service, If any provision of this regulation shall be offer a vehicle for hire with the intent to declared unconstitutional, the validity of its transport a passenger or goods. remaining provisions shall not be affected The Board of Selectmen shall have the exclusive thereby. authority to determine the number of taxicab ARTICLE VI. TERMINOLOGY businesses to license in the Town and the number of taxicab vehicles licensed to each “COMPLY WITH”: To meet one or more terms business. Such determination shall be based stated in the regulations. upon serving the needs and convenience of the “IF” OR “IF...THEN”: Applicable to the public and in the best interest of the Town. associated conditions described. AD O P T E D O N : 6/ 20/0 5 P AG E 1 T OW N OF EDGARTOWN REGULATIONS TO TRANSPORT PERSONS “MAY”: An option or alternative. and by-laws of the Town of Edgartown; the regulations and laws of the Commonwealth “SHALL”: A mandated requirement. of Massachusetts; or regulations and law s of “SHOULD”: An advisory or recommendation. the federal government. ARTICLE VII. DEFINITIONS “LOCAL FARE”: A passenger or goods from one destination to another within the Town of “APPLICANT”: Any person, partnership, or Edgartown. corporation w ho petitions the Town, on a “LICENSED DRIVER” OR “DRIVER”: Any document approved by the Board, for the person licensed to operate a taxicab, licensing of a taxicab, transportation network transportation network company, or other company, or other private vehicle business; a private vehicle by the Police Department. taxicab, transportation netw ork company, or other private vehicle, or a license to operate a “ LICENSED OWNER” OR “BUSINESS" OR taxicab, transportation netw ork company, or “OWNER”: Any person, partnership, or other private vehicle. corporation licensed by the Board to own and/or operate a taxicab, transportation “APPLICATION” OR “DOCUMENT” OR network company, or other private vehicle “LICENSE” : An official document approved business. by the Board and used for the purposes of licensing a taxicab, transportation network “LICENSING FEE”: A fee collected by the company, or other private business, a Tow n, in an amount determined by the Board, taxicab, transportation netw ork company, or w hich is assessed annually for the licensing other private vehicle, or a taxicab, of a taxicab, transportation netw ork transportation network company, or other company, or other private vehicle business, a private vehicle driver. taxicab, transportation netw ork company, or other private vehicle or a taxicab, “ BOARD” OR “ SELECTMEN” : The Board of transportation network company, or private Selectmen for the Town of Edgartown. vehicle driver. “COMMONWEALTH”: The Commonwealth of “ PASSENGER”: A person or persons w ho Massachusetts and any governmental hires or attempts to hire a taxicab or has a subdivisions thereof. pre-arranged ride for transportation. “CRIMINAL OFFENDER RECORD”: The record of an applicant’s criminal history. “POLICE DEPARTMENT”: The Edgartow n Police Department and the police officers “DRIVER HISTORY RECORD”: A record of the thereof. applicant’s motor vehicle operating history. “DUTY SHIFT”: A period of time w hen a Authorized Taxicab Stands person begins or is required to be in readiness for work as a taxicab, transportation netw ork Location Number Hours company, or other private vehicle driver and Yacht Club Lot 4 Unlimited when the person is relieved from all responsibilities of such w ork. The preceding Mayhew Lane 1 6:00 PM – 2:00 AM w ords and terms as used in this part are also 1 6:00 AM – 2:00 AM construed to mean the driving time spent by Colonial Inn a driver at the controls of a taxicab, 1 6:00 PM – 2:00 AM transportation network company, or private South Water 1 6:00 AM – 8:00 AM vehcile in operation. St. “GOVERNMENTAL A GENCY” OR South Summer 1 6:00 PM – 2:00 AM “AGENCIES”: Any subdivision of the Town of St. Edgartown; the Commonwealth of Memorial 1 Unlimited Massachusetts; or the federal government. Wharf “LAW” OR “REGULATIONS”: The regulations AD O P T E D O N : 6/ 20/0 5 P AG E 2 T OW N OF EDGARTOWN REGULATIONS TO TRANSPORT PERSONS “ PREARRANGED RIDE” a period of time that Commonw ealth that uses a digital netw ork to begins w hen a transportation netw ork driver connect riders to drivers for the purposes of accepts a requested ride through a digital pre-arranging and providing transportation. network, continues while said driver “ TRANSPORTATION NETWORK DRIVER” a transports the transportation network driver certified by a transportation network company rider, and ends w hen said rider company. departs from the vehicle.“OFFICER”: A duly “ TRANSPORTATION NETWORK RIDER” a authorized police officer, special officer, or passenger in a pre-arranged ride provided by traffic officer. a transportation network drive, provided that “ RATES” OR “ RATES OF FARE”: The the passenger personally arranged the ride or compensation schedule for taxi, an arrangement w as made on his or her transportation network company, or other behalf. private vehicle service approved by the “TRIP RECORD”: A document maintained Board. daily by the licensed owner setting forth the “RATE CARD”: A card issued by the Board origin and destination of each trip, fare paid, w hich displays the taxicab’s, transportation starting and completion time of the trip, the network company, or other private vehicle’s driver’s name, the license plate number or company name, rates of fare and any other other designation to identify the vehicle, and data the Board or Police Department should other entries required by the Board or Police require. Department. “REASONABLE” OR “REASONABLY”: A “WAY”: Any public or private road or factual basis of knowledge upon which a highw ay or any way dedicated for public use reasonable person might deem proper to or any road which the public has the right to conclude. use as invitees or licensees; or as otherw ise “SUBSTANCE A BUSE”: Any use of illegal defined by section 1 of chapter 90 of the drugs or abuse of prescription drugs or any Massachusetts General Law s. excessive use of an alcoholic beverage. “ TAXI” OR “ TAXICA B” OR “VEHICLE” : A SECTION 1.0 BUSINESS; APPLICATION motor vehicle, having a certificate of FOR LICENSE TO TRANSPORT registration issued by the Commonwealth in PERSONS the name of a taxicab business as a taxicab, a vehicle that is used by a transportation SECTION 1.1 APPLICATION FILING. An netw ork driver to provide transportation application for the licensing of a business to netw ork services, or other private vehicle transport persons in the Town shall be filed w hich is licensed by the Town for use in the w ith the office of the Board. conveyance of persons or goods for hire from place to place. SECTION 1.2 MINIMUM AGE & CITIZENSHIP. An applicant shall have attained the age of “TAXICAB OR OTHER VEHICLE CA PACITY”: tw enty-one (21) years; and such applicant The seating capacity of a taxicab as shall be a citizen or a resident alien of the determined by the manufacturer’s United States. specifications listed for the vehicle; or unless otherwise prohibited by the Commonwealth SECTION 1.3 PARTNERSHIPS OR CORP- or the Town. ORATIONS. A partnership or corporation shall “TOWN”: The Town of Edgartown, file w ith the application, a certified copy of Massachusetts and any governmental the partnership certificate or certificate of subdivisions thereof. incorporation; and shall have one officer or member of the corporation or partnership “ TRANSPORTATION NETWORK COMPANY” who has attained the age of tw enty-one (21) a corporation partnership, sole proprietorship years. or other entity, operation in the AD O P T E D O N : 6/ 20/0 5 P AG E 3 T OW N OF EDGARTOWN REGULATIONS TO TRANSPORT PERSONS SECTION 1.4 REPUTE AND QUALIFICATIONS OF SECTION 1.12 APPROVAL OF APPLICANT. An APPLICANT. An applicant shall demonstrate to applicant, granted approval by the Board to the satisfaction of the Board, reasonable be licensed as a business to transport grounds that they are of good repute as to persons, shall be licensed by the terms and their morals and character; and that such conditions of the regulations stated herein.