Township of Montville, NJ
Morris County
[HISTORY: Adopted by the Township Committee of the Township of Montville as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES

General penalty — See Ch. 1, Art. III.

Taxi stands — See Ch. 10.

Fee schedule — See Ch. 169.

ARTICLE I
Taxicabs (§ 342-1 — § 342-11) 

ARTICLE II
Limousine Services (§ 342-12 — § 342-24) 

[Adopted by Ord. No. 1308 as Ch. 5.48 of the 1998 Code]

§ 342-1
License required. 

§ 342-2
Application for license. 

§ 342-3
Issuance of license; term; transfer. 

§ 342-4
Requirements for operators. 

§ 342-5
Fees. 

§ 342-6
Display of license; identification of operator. 

§ 342-7
Rates of fare. 

§ 342-8
Suspension or revocation of licenses. 

§ 342-9
Taxi stands. 

§ 342-10
Exemption. 

§ 342-11
Violations and penalties. 

§ 342-1 License required.

No vehicles used for the transportation of passengers for pay shall be operated on any of the public streets or other public places within the Township of Montville until the owner thereof shall have first obtained a license therefor from the Township Committee and the driver thereof shall be approved as to character and fitness, as hereinafter provided.

§ 342-2 Application for license.

The owner of any vehicle which is to be used for the transportation of passengers for pay shall make application in writing to the Township Clerk, on forms provided for that purpose, stating his name, residence and place of business; the make, model and year of the vehicle for which application is made; its motor and serial numbers and the seating capacity thereof; and the registration number assigned to it by the State Division of Motor Vehicles. A separate application shall be made for each vehicle for which a license is sought. In addition, the owner shall furnish a list containing the name, residence and age of the person or persons who are to operate such vehicle or vehicles.

§ 342-3 Issuance of license; term; transfer.

Upon approval of the Township Committee and payment of the fees specified herein, a license shall be issued by the Township Clerk for each vehicle so approved. Said license shall be valid for one year and shall expire on May 31 of each year. Licenses may be transferred from one vehicle to another at any time upon filing of an application of transfer with the Township Clerk and approval by the Township Committee.

§ 342-4 Requirements for operators.

No person shall operate a vehicle for the transportation of passengers for pay on any of the public streets or other places of the Township of Montville until a permit shall have been issued to him for that purpose. He shall be a citizen of the United States, over 18 years of age, of good character and physically fit before such permit shall be issued. His physical fitness shall be attested to by a certificate of a physician approved by the Township Committee. The permit shall be valid for one year and shall expire on May 31 in each year.

§ 342-5 Fees.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 

The annual fee for the license for each vehicle with a capacity of five passengers and for each vehicle with a capacity of more than five passengers shall be as set forth in Chapter 169, Fee Schedule.

B. 

The fee for a transfer of a license from one vehicle to another shall be as set forth in Chapter 169, Fee Schedule.

C. 

The annual fee for a driver's permit shall be as set forth in Chapter 169, Fee Schedule.

§ 342-6 Display of license; identification of operator.

Every vehicle licensed under this article shall have displayed in a conspicuous place therein a copy of its license and a recent photograph of the driver, suitably framed, together with a brief description of the driver, giving his age, height, complexion and color of hair and eyes.

§ 342-7 Rates of fare.

The following shall be the maximum rates of fare which may be charged persons transported within the Township of Montville:

A. 

For the first half mile: $0.75; for each additional quarter of a mile or fraction thereof: $0.10.

B. 

For each five minutes of waiting time when a passenger requests a stop en route: $0.30.

C. 

Children.

(1) 

A child under the age of two years, accompanied by an adult: no fare.

(2) 

Each additional child under the age of two years accompanying said adult, provided that all are bound for the same destination: $0.25.

D. 

For bundles or laundry carried by a passenger: $0.25.

§ 342-8 Suspension or revocation of licenses.

A license or permit may be suspended or revoked by the Township Committee for any violation hereof or for failure to maintain the vehicle in a clean and sanitary condition or for violations of the Motor Vehicle Act, known as Title 39 of the Revised Statutes of New Jersey, which shall be in addition to the penalties hereinafter provided, and in such event all fees paid hereunder shall be forfeited. Such license or permit shall be suspended or revoked only upon notice and hearing.

§ 342-9 Taxi 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.

Editor's Note: See Ch. 10, Vehicles and Traffic, § 10.20.110, Schedule XI, Taxi Stands.

§ 342-10 Exemption.

School buses used for the transportation of children to and from school and motor buses licensed by the New Jersey Public Utility Commission are exempt from the provisions of this article.

§ 342-11 Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any person violating this article shall, for each and every violation, be punished as set forth in Chapter 1, Article III, General Penalty, in the discretion of the Judge of the Municipal Court.

[Adopted by Ord. No. 1308 as Ch. 5.40 of the 1998 Code]

§ 342-12
Definitions. 

§ 342-13
License required. 

§ 342-14
License application; requirements. 

§ 342-15
License fee; term. 

§ 342-16
Issuance, contents and posting of license certificate. 

§ 342-17
Livery plates required. 

§ 342-18
Requirements for operators. 

§ 342-19
Clerk to keep register. 

§ 342-20
Power of attorney. 

§ 342-21
Other automobile laws applicable. 

§ 342-22
Additional rules and regulations. 

§ 342-23
Revocation, suspension and nonissuance of licenses. 

§ 342-24
Violations and penalties. 

§ 342-12 Definitions.

As used in this article, the following terms shall apply:

LIMOUSINE
Includes any automobile or motor car with a carrying capacity of not more than nine passengers not including the driver used in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this state and which is hired by charter or for a particular contract or by the day or hour or other fixed period or to transport passengers to a specified place or places or which charges a fare or price agreed upon in advance between the operator and the passenger. Nothing in this article shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or auto buses which are subject to the jurisdiction of the Board of Public Utilities or interstate auto buses required by federal or state laws or rules of the Board of Public Utilities to carry insurance against loss from liability imposed by law on account of bodily injury or death. "Limousine" also means "auto cab" as defined by N.J.S.A. 48:16-13.
LIMOUSINES or LIVERY SERVICE
Includes the business of carrying passengers for hire by auto cabs.
PERSON
Includes any individual, copartnership, association, corporation or joint-stock company, their lessees, trustees or receivers appointed by any court whatsoever.
STREET
Includes any street, avenue, park, parkway, highway or other public place.

§ 342-13 License required.

It is unlawful for any owner of an auto cab, limousine or livery service having his principal place of business in the Township of Montville to operate said service wholly or partly along any street in the Township of Montville without first having obtained a license therefor from the Clerk of the Township of Montville as hereinafter provided.

§ 342-14 License application; requirements.

[Amended by Ord. No. 1999-33]
A. 

Applications for licenses shall be made in writing, upon forms to be furnished by the Township of Montville, signed by the applicant and filed with the Clerk of the Township of Montville, which applications shall contain or be accompanied by the following information:

(1) 

The name, age and residence of the applicant; if a partnership, the names, ages and residences of all the partners, together with the business and address of the partnership; and if a corporation, the names, ages and residences of the president, secretary and treasurer thereof and the period of residence in the state, county and Township.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) 

Copy of an insurance policy complying with N.J.S.A. 48:16-14 and, if applicable, federal law, for every auto cab, limousine or livery service.

(3) 

Name of insurance company, the number and the date of expiration of the policy or bond required by N.J.S.A. 48:16-14 and/or federal law, and a description of every auto cab, limousine or livery service insured thereunder and the registration number of the same. A copy of the registration of every auto cab, limousine or livery service must also be provided.

(4) 

A zoning permit obtained from the Township Zoning Officer for the operation of the applicant's limousine business.

B. 

Applications made by corporations shall be signed in the name of the corporation by the president and attested by the secretary. A certified copy of a corporate resolution authorizing the application shall be attached.

C. 

Said application shall be duly verified by the applicant before a notary public or some other person duly authorized to administer oaths.

D. 

Each such application shall be accompanied by the full amount of the license fee hereinafter prescribed.

E. 

Upon receipt by the Township Clerk of an application for a operator's license, the application shall be forwarded to the Chief of Police who is authorized to perform a background check of the applicant, including but not limited to a criminal history check. All requested criminal history checks will be subject to the state's required user fee. The required user fee shall be submitted with the application.

§ 342-15 License fee; term.

A. 

The nonrefundable fees to be paid for said licenses herein shall be as set forth in Chapter 169, Fee Schedule, per annum.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. 

All limousine licenses shall expire on December 31 following the date of issue. Limousine licenses are not subject to renewal. A person seeking same must reapply each year.

§ 342-16 Issuance, contents and posting of license certificate.

[Amended by Ord. No. 1999-33]
A. 

The Township Clerk, upon the approval of the Township Committee of an application for licensure of an auto cab, limousine, or livery service, shall issue a certificate, in duplicate, showing that the owner of the auto cab, limousine, or livery service has complied with the terms and provisions of this article and N.J.S.A. 48:16-13 et seq. Each such license shall be signed by the Township Clerk and shall have the Township Seal affixed thereto.

B. 

The certificate shall recite the name of the insurance company, the number and date of expiration of the policy or bond, a description of every auto cab, limousine or livery service insured thereunder and the registration number of the same. A certified copy of the applicant's insurance declaration sheet shall be attached or a certificate of insurance naming the Township of Montville as a certificate holder, with notification of cancellation 20 days prior.

C. 

The duplicate certificate shall be filed with the Division of Motor Vehicles before any such car is registered as an auto cab, limousine or livery service as required by N.J.S.A. 48:16-17.

D. 

The original certificate shall be posted in a conspicuous place within the limousine, auto cab or livery service.

E. 

If more than one limousine or auto cab is to be licensed, a copy of the certificate, certified by the Township Clerk is to be posted in a conspicuous place within the limousine, auto cab or livery service.

§ 342-17 Livery plates required.

Upon approval by the Township Clerk of an application for licensure of an auto cab, limousine or livery service, the licensee shall obtain special registration plates bearing the word "livery" in addition to the registration number and other markings or identification otherwise prescribed by law, pursuant to N.J.S.A. 39:3-19.5.

§ 342-18 Requirements for operators.

A. 

No person shall operate an auto cab, limousine or livery service unless such person obtains a Township license for such purpose pursuant to the provisions of this article.

B. 

Application for operation; requirements.

(1) 

Applications for operation shall be made in writing, upon forms to be furnished by the Township of Montville, signed by the applicant and filed with the Clerk of the Township of Montville, which applications shall contain or be accompanied by the following information:

(a) 

The name, age and residence of the applicant along with a copy of his/her driving license;

(b) 

A certificate issued by the Township of Montville Chief of Police certifying that the applicant does not have any criminal record;

(2) 

The application shall contain such other facts as the Township Committee may require.

C. 

Photograph required. Each applicant for an auto cab or limousine license shall submit with his/her application two recent photographs of himself/herself approximately 1 1/2 inches by 1 1/2 inches in size. One of the photographs shall be permanently attached to the application, and the other photograph shall be affixed to the license so that it cannot be removed. This license will be placed in the auto cab or limousine which the applicant operates at the time he/she is operating same.

D. 

Age requirements. No limousine driver's license shall be issued to any person unless he/she is at least 18 years of age and has had at least one year of driving experience.

E. 

Issuance of a license. Upon receipt by the Township Clerk of an application for an auto cab or limousine driver's license, the application shall be forwarded to the Chief of Police who shall determine whether or not the applicant is duly licensed by the State of New Jersey, pursuant to N.J.S.A. 39:3-10, to operate a motor vehicle and physically qualified to operate an auto cab or limousine, that he/she is able to read, write and speak the English language, that he/she had knowledge of the traffic regulations of the State of New Jersey and of the Township. The Chief of Police is authorized to perform a background check of the applicant, including but not limited to a criminal history check. All requested criminal history checks will be subject to the state's required user fee. Upon making of such an inquiry by the Chief of Police and the completion thereof, the Township Clerk shall recommend to the Township Committee the approval or disapproval of the application for such license. The Township Clerk shall not issue an auto cab or limousine driver's license until the application therefor has been approved by the Township Committee and the conditions precedent to the issuance of the license as set forth in this article are complied with.

F. 

Terms of license; renewals. All licenses issued pursuant to this section shall expire on December 31 following the date of issue. Licenses are not subject to renewal. A person seeking same must reapply each year.

§ 342-19 Clerk to keep register.

The Township Clerk shall keep a register of the name of each person owning and/or operating an auto cab, limousine or livery service licensed under this article, together with the license number and the description, make and dimension of such vehicles, with the date of the certificate of compliance with the insurance provisions as set forth therein.

§ 342-20 Power of attorney.

The owner of the limousine, auto cab or livery service shall execute and deliver to the Township Clerk a power of attorney wherein and whereby the owner shall appoint the Chief Fiscal Officer of the Township of Montville his/her 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 filed.

§ 342-21 Other automobile laws applicable.

Nothing in this article shall exempt any person owning or operating any auto cab, limousine or livery service from complying with the law relating to the ownership, registration and operation of automobiles in this state.

§ 342-22 Additional rules and regulations.

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 interest of the Township. A certified copy of any such resolution shall be forwarded to all licensees within 10 days following adoption.

§ 342-23 Revocation, suspension and nonissuance of licenses.

The Township Committee may, in its discretion and after notice and hearing, refuse to issue or renew, revoke or suspend any license issued to auto cab, limousine or livery service owners under this article where the applicant or licensee has once been convicted of a crime in this or any other jurisdiction or twice convicted of being a disorderly person or in violation of Title 39 of the Motor Vehicle and Traffic Regulations of the Revised Statutes of New Jersey or who has violated any provision of this article or has any judgment of record unsatisfied against him arising out of an automobile accident or who has failed or fails to render a reasonably prompt, safe and adequate formal, private automobile livery or limousine service or has not complied fully with all of the requirements of this article for such class of license.

§ 342-24 Violations and penalties.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 

Any person, firm or corporation violating any of the provisions of this article shall be, upon conviction thereof, punished as set forth in Chapter 1, Article III, General Provisions, in the discretion of the court, and, in addition thereto, the license provided by this article shall be suspended, pending action by the Mayor and Township Committee with respect to suspension or revocation of said license in accordance with the terms of this article.

B. 

Any license granted pursuant to this article may be revoked by the Township Clerk upon evidence of failure to comply with any provision of N.J.S.A. 48:16-13 et seq.