Township of Montville, NJ
Morris County
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[HISTORY: Adopted by the Township Committee of the Township of Montville 2-11-2014 by Ord. No. 2014-05.[1] Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Taxi stands — See Ch. 10.
Fee schedule — See Ch. 169.
[1]:
Editor's Note: This ordinance also superseded former Ch. 342, Taxicabs and Limousines, comprised of Art. I, Taxicabs, adopted by Ord. No. 1308 as Ch. 5.48 of the 1998 Code, as amended, and Art. II, Limousine Services, adopted by Ord. No. 1308 as Ch. 5.40 of the 1998 Code, as amended.

§ 342-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
LIMOUSINE
Any automobile or motor car used in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route and with a seating capacity of no more than 14 passengers, not including the driver, provided that such a vehicle is certified by the manufacturer of the original vehicle and the second-stage manufacturer, if applicable, to conform to all applicable Federal Motor Vehicle Safety Standards promulgated by the United States Department of Transportation pursuant to 49 CFR Part 571 (49 CFR 571.1 et seq.) and 49 CFR Part 567 (49 CFR 567.1 et seq.), as defined in N.J.S.A. 48:16-13.
TAXICAB
Any automobile, taxicab or other vehicle propelled by motor power engaged in the business of transportation of passengers for hire or pay within the Township, whether operated from stands in the street or only on telephone calls to garages or in any other manner. It is the intention of this chapter to include in the definition of "taxicabs" any motor-driven vehicle, other than stages, omnibuses, and vehicles commonly called "jitneys," which carries passengers for hire or pay for which public patronage is solicited and the owner of which holds himself out as a carrier of passengers.

§ 342-2 Types of licenses.

The following types of licenses are hereby established for the purposes of this chapter.
A. 
Taxicab owner's license; filing of certificate.
(1) 
Each person engaged in the taxicab business and utilizing the Township as a principal place of business shall obtain an individual license for each taxicab.
(2) 
Pursuant to N.J.S.A. 48:16-7, any person engaged in the taxicab business within the Township whose principal place of business is in another municipality shall file with the Township Clerk a certificate from the clerk of that municipality certifying that the owner has complied with the insurance requirements of N.J.S.A. 48:16-3.
B. 
Limousine business license and limousine vehicle license.
(1) 
Each person engaged in the limousine business utilizing the Township as a principal place of business shall obtain a limousine business license.
(2) 
Pursuant to N.J.S.A. 48:16-17, a limousine business whose principal place of business is within the Township shall obtain a limousine vehicle license for each limousine operated.

§ 342-3 Taxicab owner's license required; insurance; records.

A. 
It shall be unlawful for any person to engage in the taxicab business, utilizing the Township as a principal place of business, without first having obtained a license therefor as hereinafter provided.
B. 
Application for license.
(1) 
No taxicab owner's license shall be issued for any vehicle required to be licensed until the owner files an application for a taxicab owner's license, setting forth the character of the vehicle proposed to be licensed, the correct name of the owner thereof, the residence or address of the principal office of such owner, a complete schedule of the fares proposed to be charged, and such other facts as the Township Committee may require. The application for a taxicab owner's license shall also set forth the name, address and age of each driver who will be employed by the owner to drive taxis within the Township, as well as a certification by the applicant as to each such driver that the driver is at least 20 years of age, has had at least one year of driving experience, is of good moral character, has no criminal record and is physically able to operate a taxicab. The applicant shall have an ongoing responsibility to update the list of drivers with additions and deletions as they occur.
(2) 
The applicant shall further certify that any driver who is convicted of a crime or of being a disorderly person in this or any other jurisdiction shall immediately be prevented from operating any of the applicant's taxicabs within the Township.
(3) 
The application for license shall be made to the Township Clerk on forms provided. Upon receipt of the license application properly completed, the Township Clerk shall forward the application and other necessary documents to the Township Committee which shall review the application for the purpose of determining whether or not the applicant has complied with all of the requirements and conditions of this chapter. Should the Township Committee find that there has been compliance with the terms of this chapter, it shall be in the form of a resolution ordering the issuance of a license by the Township Clerk.
(4) 
All applications for licenses shall be accompanied by the required fee and shall be made to or through the Township Clerk upon forms provided. All application fees shall be nonrefundable, except that when the Township Clerk shall deny the applicant a license or permit, the applicant shall be refunded 50% of his or her application fee. The nonrefundability of all application fees shall be stated on all application forms. Applications may contain information deemed necessary or specifically called for by ordinance.
C. 
Approval of application. The Township Clerk shall not issue any taxicab owner's license until the application therefor is approved by the Township Committee and the conditions precedent to the issuance of the license as set out in this chapter are complied with. Where a taxicab owner's license has previously been issued, the approval of the Township Committee shall not be required as a condition for issuance of additional vehicle licenses.
D. 
License fee. The annual fee for a taxicab owner's license shall be as provided in Chapter 169.
E. 
License term. All taxicab owner's licenses shall expire on December 31 following the date of issue and shall be renewed annually on or before January 1.
F. 
Posting of license and photo identification of driver. Each taxicab owner's license issued shall bear a number and shall state the name of the person to whom it is issued. It shall briefly describe the vehicle licensed and indicate the motor vehicle license number. Each license shall be signed by the Township Clerk and shall have the Township Seal affixed thereto. The license shall be placed in a conspicuous location in the taxicab along with a photo identification of the driver, which clearly indicates the driver's name, address and driver's license number.
G. 
Transfer of owner's license. Taxicab owner's licenses may be transferred from one vehicle to another belonging to the same owner only after an application, in writing, has been submitted and approval has been granted by the Township Clerk and payment has been made to the Township Clerk of a transfer fee as provided for in Chapter 169. All applications for transfer shall be made on forms to be furnished by the Township and shall be accompanied by the transfer fee.
H. 
Inspections of vehicles. No taxicab owner's license shall be issued for any vehicle which is not currently registered and inspected by the State of New Jersey.
I. 
Liability insurance and power of attorney.
(1) 
No taxicab owner's license shall be issued for any vehicle required to be licensed until there is submitted to the Township Attorney, and approved by him as to both form and sufficiency, and filed with the Township Clerk at the time application for a license is made, an insurance policy, with the premium prepaid thereon, issued by an insurance company duly licensed to transact business under the laws of the State of New Jersey, with a policy limit of not less than $1,500,000 against loss imposed by law, including but not limited to judgment or settlement, upon such owner for damages on account of bodily injury, including death, or property damage suffered by one or more persons arising from or caused by any one accident, including an act or omission, occurring by reason of the ownership, maintenance or use of the vehicle so licensed within the Township. A combined single limit policy in the amount required by this section shall satisfy this section. The operator of each taxicab shall be covered by the insurance requirements herein referred to.
(2) 
All taxicab owner's licenses shall be effective and operative only as long as such insurance policy or policies remain in force and effect.
(3) 
Concurrently with the filing of the insurance policy referred to herein, the applicant shall submit a power of attorney whereby the owner shall appoint the Township's Chief Financial Officer his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served upon the insured by virtue of the indemnity granted under the insurance policy, as provided by N.J.S.A. 48:16-5.
J. 
Maintenance of records. The owner-licensee shall keep and maintain records of all trips for a period of at least six months, which records shall at all times be subject to inspection and audit by the Township Committee.
K. 
Additional rules and regulations. The Township Committee may, by resolution, make such rules and regulations in relation to the operation of taxicabs and the conduct of the operators thereof as it may determine to be necessary and proper in the best interests of the Township. A certified copy of any such resolution shall be forwarded to all licensees within 10 days following adoption.

§ 342-4 Suspension and revocation of license.

A. 
Any license issued in accordance with the terms of this chapter may be refused or any license issued may be revoked or a renewal thereof refused by the Township Committee after notice and hearing for any of the following causes:
(1) 
If the license holder, applicant, or any employee of the license holder or applicant who operates licensed taxicabs or limousines has been convicted of:
(a) 
A crime in this or any other jurisdiction.
(b) 
Being a disorderly person in this or any other jurisdiction.
(c) 
A violation of Title 39 of the Revised Statutes of New Jersey.
(d) 
A violation of any provision of this chapter.
(2) 
If the license holder or applicant has any judgment unsatisfied or record against him arising out of an automobile accident.
(3) 
If the license holder or applicant has failed or fails to render reasonably prompt, safe and adequate taxicab service, or safe and adequate limousine service.
(4) 
If the license holder or applicant has failed to comply with all laws of the State of New Jersey or ordinances of the Township or rules and regulations regarding the ownership and operation of taxicabs or limousines.
(5) 
If the license holder or applicant has operated or operates without a license issued pursuant to this chapter any taxicab or limousine business with its principal place of business located within the Township.
(6) 
If the license holder or applicant operates any taxicab or limousine business licensed by the Township from a principal place of business located outside of the Township.
(7) 
If any business license, permit, or authorization of the license holder or applicant has been denied, suspended, or revoked for any reason.
(8) 
If any insurance policy required under this chapter providing coverage to the license holder or applicant is denied, suspended, or revoked for any reason.
B. 
Any contemplated hearing shall be held within 15 days following an order of suspension upon notice, which notice shall set forth the reasons for the proposed revocation or suspension.

§ 342-5 Taxicab stands.

Upon request of the licensee and recommendation of the Chief of Police, the Township Committee may, by resolution, designate the place or places where licensed vehicles may be permitted to stand.

§ 342-6 Refusal to carry orderly passengers prohibited.

No driver of any licensed taxicab shall refuse or neglect to carry in his taxicab any orderly person upon request unless the driver is previously engaged.

§ 342-7 Exceptions.

The requirements of this chapter shall not apply to a taxicab owner or taxicab operator duly licensed by another municipality while such taxicab is being operated in the Township solely for the purpose of delivering to a destination or destinations within the Township a passenger or passengers picked up by the taxicab at a point or points outside of the Township.

§ 342-8 Limousine owner's license.

A. 
Licenses required. It shall be unlawful for any person to engage in the limousine business utilizing the Township as a principal place of business without first having obtained a limousine business license and a limousine vehicle license for each limousine vehicle operated as hereinafter provided.
B. 
Physical office required. Each limousine business licensed by the Township shall maintain a physical office within the Township as its primary place of business. Virtual offices shall not be licensed. For purposes of this chapter, a virtual office is defined as an office established by computer, Internet, telecommunication, or other electronic means, without any physical office space located within the Township at which the limousine business receives customers, schedules fares, or otherwise conducts its routine and ordinary business.
C. 
Application for initial limousine business license.
(1) 
Application requirements. No limousine business license shall be issued for any limousine business until the owner files an application setting forth the following:
(a) 
The legal name of the limousine business, including any and all trade names, and the physical address of its principal place of business in the Township. Virtual offices shall not be licensed.
(b) 
A copy of the limousine business's articles of incorporation, certificate of formation, or other corporate formation document registered with the State of New Jersey, and a copy of the business's corpcode document issued by the New Jersey Division of Motor Vehicle Commission (NJMVC).
(c) 
The location at which limousine vehicles will be parked or otherwise stored. For each such location, the applicant shall submit a copy of the deed or business lease showing the limousine business as the owner or tenant. If the location is not within the Township, the applicant shall also submit a certification of the zoning official in the municipality where the vehicle is to be parked or otherwise stored that the parking or storage of limousines at that location is permitted by that municipality's zoning ordinance. If a lease is submitted, it must include a provision which permits the parking of limousine vehicles on the business premises. If the lease does not include a provision permitting the parking of limousine vehicles on the business premises, the applicant must submit a letter from the landlord granting permission to park limousine vehicles on the business premises.
(d) 
A copy of a valid zoning permit issued by a Township Zoning Officer permitting the limousine business to operate at the designated principal place of business.
(e) 
A complete list of each and every owner, officer, member, parent entity, and subsidiary entity of the limousine business, including the name, title, home or principal business address, date of birth, driver's license number or corporate code, and percentage ownership interest of each owner, officer, member, parent entity, and subsidiary entity.
(f) 
Proof of insurance as required by N.J.S.A. 48:16-14, and Subsection J herein.
(g) 
A complete list of each and every employee of the limousine business, including the name, home address, telephone number, and date of birth. Every driver employed by the limousine business shall also include his or her New Jersey driver's license number and expiration date.
(h) 
A copy of a valid certificate of authority to collect New Jersey sales tax authorizing the limousine business to collect sales tax from its customers.
(2) 
Approval of application. The Township Committee shall not issue any limousine business license until the applicant has demonstrated satisfactory compliance with the provisions of N.J.S.A. 48:16-13 to N.J.S.A. 48:16-22.7, and with the conditions precedent to issuance of the license set forth in this chapter.
D. 
Application for initial limousine vehicle license.
(1) 
Limousine business license required. No limousine vehicle shall be licensed by the Township unless the owner of that limousine vehicle first obtains a limousine business license as set forth in this chapter. An applicant for a limousine business license may simultaneously apply for limousine vehicle licenses.
(2) 
Application requirements. No limousine vehicle license shall be issued for any limousine until the owner files an application for a limousine vehicle license setting forth the following:
(a) 
The name, business address, and license number of the Township-licensed limousine business seeking to license the limousine vehicle.
(b) 
A description of the limousine vehicle, including VIN and license plate number.
(c) 
Proof that the limousine vehicle is owned, leased, or financed by the designated limousine business.
(d) 
The New Jersey registration number or license plate number, and a copy of the registration.
(e) 
The expiration date of the limousine vehicle's New Jersey inspection.
(f) 
Proof of insurance for the limousine vehicle.
(g) 
The identity, including name, home address, telephone number, and New Jersey driver's license number, of each individual who will operate the limousine vehicle.
(3) 
Authorization to inspect. By signing an application for a limousine vehicle license, the applicant shall consent to have each limousine vehicle listed on the application inspected by the Township Police Department to verify that the limousine vehicle is in operational condition and complies with the requirements of the New Jersey Motor Vehicle Law.
(4) 
Posting of license. Pursuant to N.J.S.A. 48:16-17, each limousine vehicle license shall recite the name of the insurance company, the number and date of expiration of the insurance policy, a description of the limousine insured thereunder and the registration number of the limousine insured thereunder. The original license or a copy thereof shall be retained within the limousine and shall be available for inspection.
E. 
Renewal of limousine business licenses and limousine vehicle licenses.
(1) 
Renewal requirements for limousine business licenses. A holder of a current, unexpired limousine business license may apply to the Township Clerk no later than November 1 to renew the license. A holder of an expired limousine business license shall be required to file an initial application and all required supporting documentation in order to renew the license.
(2) 
Renewal requirements for limousine vehicle licenses. Limousine vehicle licenses may be renewed simultaneously with the limousine business licenses, provided that all required supporting documentation for each limousine vehicle, including but not limited to registration documents, proof of insurance, and identity of the persons operating each limousine vehicle, is submitted for each limousine vehicle license renewed.
(3) 
Applicant to disclose changes. When applying to renew a limousine business license or a limousine vehicle license, the applicant shall indicate any and all changes since the initial application or most recent renewal, including but not limited to changes in corporate structure, business address, insurance, employees, and vehicles, and shall provide copies of all relevant documents supporting any changes.
(4) 
Current documentation required. Applications for limousine business license renewals shall include current copies of all documents which expired, or are due to expire, during the term of the license being renewed, including, but not limited to, drivers licenses, registration documents, insurance documents, sales tax certificates, and business registration certificates.
(5) 
Final approval. Final approval of limousine business license renewals shall be by Resolution of the Township Committee. Renewal of corresponding limousine vehicle licenses shall not require Township Committee approval so long as the renewal application complies with the provisions of this chapter.
F. 
Fees required and nonrefundable. Applications for limousine business licenses and limousine vehicle licenses shall be made to the Township Clerk on forms provided. All applications shall be accompanied by the required fee. All application fees shall be nonrefundable and the nonrefundability of application fees shall be stated on all application forms. Applications shall contain information deemed necessary or specifically called for by ordinance. Final approval of all applications shall be by resolution of the Township Committee.
G. 
Limousine vehicle licenses under a previously issued limousine business license. Provided that all other requirements of this chapter are met, where a limousine business license has previously been issued, the approval of the Township Committee shall not be required as a condition for issuance of limousine vehicle licenses under that limousine business license.
H. 
License fee. The annual fee for a limousine owner's license shall be as provided for in Chapter 169.
I. 
License term. All limousine business licenses and vehicle licenses shall expire on December 31 following the date of issue and shall be renewed annually on or before January 1.
J. 
Liability insurance.
(1) 
No limousine business license or limousine vehicle license shall be issued until there is submitted to the Township Attorney, and approved by him as to both form and sufficiency, and filed with the Township Clerk at the time application for a license is made, an insurance policy, with the premium prepaid thereon, issued by an insurance company duly licensed to transact business under the laws of the State of New Jersey, with a policy limit of not less than $1,500,000 against loss imposed by law, including but not limited to judgment or settlement, upon such owner for damages on account of bodily injury, including death, or property damage suffered by one or more persons arising from or caused by any one accident, including an act or omission, occurring by reason of the ownership, maintenance or use of the vehicle so licensed within the Township. A combined single limit policy in the amount required by this section shall satisfy this section. The operator of each limousine shall be covered by the insurance requirements herein referred to.
(2) 
All limousine business licenses and limousine vehicle licenses shall be effective and operative only as long as such insurance policy or policies remain in force and effect.
K. 
Transfer of limousine vehicle license. Limousine vehicle licenses may be transferred from one vehicle to another belonging to the same limousine business license holder only after an application, in writing, has been submitted to the Township Clerk, on forms provided, along with a transfer fee as provided for in Chapter 169. Limousine vehicle license transfer applications must be accompanied by proof that the license plates of the prior limousine were surrendered to the appropriate motor vehicle agency, and shall be accompanied by proof of insurance for the limousine vehicles to which limousine vehicle licenses are transferred. All limousine vehicles to which limousine vehicle licenses are transferred shall be inspected by the Township Police Department to verify that the limousine vehicle is in operational condition and complies with the requirements of the New Jersey Motor Vehicle Law. Approval of the Township Committee shall not be required as a condition for the transfer of limousine vehicle licenses under this section.
L. 
Additional rules and regulations. In addition to the rules and regulations set forth herein, the State of New Jersey and the Motor Vehicle Commission have further statutes, rules and regulations with regard to the operation of limousines and the conduct and licensing of operators thereof. The Township Committee may, by resolution, make such rules and regulations in relation to the operation of limousines and the conduct of operators thereof as they may determine to be necessary and proper in the best interests of the Township. A certified copy of any such resolution shall be forwarded to all licensees within 10 days following adoption.

§ 342-9 Limousine violations and penalties.

A. 
It shall be a violation of this chapter for any person, firm, or corporation to:
(1) 
Operate a limousine without a license issued by the Township;
(2) 
Knowingly permit a driver to operate a limousine without a validly issued driver's license or a validly issued commercial driver's license if required pursuant to N.J.A.C. 13:21-23.1;
(3) 
Fail to have filed an insurance policy in the amount of $1,500,000 which is currently in force as provided in N.J.S.A. 48:16-14 or in the amounts required pursuant to N.J.S.A. 48:16-22.4; or
(4) 
Operate a limousine in which the number of passengers exceeds the maximum seating capacity as provided in N.J.S.A. 48:16-13 or Section 2 of N.J.S.A. 48:16-13.1.
B. 
Any person, firm, or corporation who is convicted of a violation of Subsection A herein shall pay a fine of $2,500 for the first offense and a fine of $5,000 for the second or subsequent offense, as set forth in N.J.S.A. 39:5G-1.