[HISTORY: Adopted by the Borough Council
of the Borough of Florham Park 7-19-2011 by Ord. No. 11-12.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 238.
[1]
Editor's Note: This ordinance also repealed former Ch. 224,
Taxicabs, adopted 12-16-1969 as Ch. 23 of the 1969 Code, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Any automobile, taxicab or other vehicle propelled by motor
power engaged in the business of transportation of passengers for
hire or pay within the Borough 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.
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 Borough
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 Borough whose principal place of business is in another
municipality shall file 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 owner's license. Pursuant to N.J.S.A. 48:16-17, each
person engaged in the limousine business whose principal place of
business is in the Borough shall obtain an individual license for
such business.
A.
Required. It shall be unlawful for any person to engage in the taxicab
business utilizing the Borough 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 a description of the vehicle proposed
to be licensed including the model, serial number and registration
number, the correct name of the owner thereof, and the residence or
address of the principal office of such owner. A complete 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 Borough, 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
or who is convicted of a violation of Title 39 of the Revised Statutes
of New Jersey shall immediately be prevented from operating any of
the applicant's taxicabs within the Borough.
(3)
The application for license shall be made to the Borough Clerk on
forms provided by the Clerk's office. Upon receipt of the license
application properly completed, the Borough Clerk shall forward the
application and other necessary documents to the Borough Council 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 Borough Council 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
Borough Clerk.
(4)
All applications for licenses shall be accompanied by the required
fee and shall be made to or through the Borough Clerk upon forms provided
by the Clerk's office. All application fees shall be nonrefundable,
except that when the Borough Clerk shall deny applicant a license
or permit the applicant shall be refunded 50% of his 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 Borough Clerk shall not issue any taxicab
owner's license until the application therefor is approved by
the Borough Council 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 Borough Council 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 $50. A fee of $35 shall be paid to add additional vehicles under
the license.
E.
License term. All taxicab owners' 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 Borough Clerk and shall have the
Borough 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.
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.
H.
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 Borough Clerk at the
time application for a license is made and approved by the Borough
Clerk as to both form and sufficiency, 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 Borough. A combined single limit policy in the amount required
by this Code section shall satisfy this Code section. The operator
of each taxicab shall be covered by the insurance requirements herein
referred to.
(2)
All taxicab owners' 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 Borough'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.
I.
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 Borough
Council.
J.
Additional rules and regulations. The Borough Council 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 Borough. A certified
copy of any such resolution shall be forwarded to all licensees within
10 days following adoption.
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 Borough Council after notice and hearing for any of
the following causes:
(1)
If the license holder or applicant for any license has been convicted:
(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.
(4)
If the license holder or applicant has failed to comply with all
laws of the State of New Jersey or ordinances of the Borough or rules
and regulations regarding the ownership and operation of taxicabs.
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.
Taxicab stands shall be established in accordance with Chapter 238, Vehicles and Traffic.
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.
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 Borough solely for the purpose
of delivering to a destination or destinations within the Borough
a passenger or passengers picked up by the taxicab at a point or points
outside of the Borough.
No person shall cruise on the streets of this Borough with any
taxicab at any time for the purpose of soliciting passengers.
Every person licensed under this chapter shall not refuse to
carry local fares or passengers.
Owners and drivers of taxicabs licensed out of the jurisdiction
of this Borough may be allowed to enter their taxicabs in this Borough,
but on specific call only, whether transporting a passenger within
this Borough or from a point within the Borough, and the name of the
passenger so calling shall be given by the owner or driver when requested
by the Borough police or other lawful persons. Such taxicabs shall
not be parked in this Borough, nor shall the drivers thereof cruise
on the streets of this Borough at any time for the purpose of soliciting
passengers, nor shall they, in the nighttime or other periods of darkness,
when in this Borough, permit any advertising lights on the taxicab
to remain lighted, provided that the same or similar substantial reciprocal
rights are granted to owners and drivers of taxicabs licensed in this
Borough by the municipalities in which the aforesaid owners or drivers
are licensed.
A.
Required. It shall be unlawful for any person to engage in the limousine
business utilizing the Borough as a principal place of business without
first having obtained a license therefor as hereinafter provided.
B.
Application for license.
(1)
No limousine owner's license shall be issued for any vehicle
required to be licensed until the owner files an application for a
limousine owner's license setting forth the following:
(a)
The owner's name and the address of the owner's principal
place of business in the Borough.
(b)
The name of the company providing insurance coverage to the
owner as required by N.J.S.A. 48:16-14 and the number and expiration
date of the required insurance policy.
(c)
A description of every limousine insured under the required
policy, including the model and serial number.
(d)
The registration number of every limousine insured under the
required policy.
(2)
The application for license shall be made to the Borough Clerk on
forms provided. All applications shall be accompanied by the required
fee. All application fees shall be nonrefundable, except that when
the Borough Clerk shall deny an applicant a license, the applicant
shall be refunded 50% of the application fee. The nonrefundability
of application fees shall be stated on all application forms. Applications
may contain information deemed necessary or specifically called for
by ordinance.
(3)
Where a limousine owner's license has previously been issued,
the approval of the Borough Council shall not be required as a condition
for issuance of additional vehicle licenses.
C.
Approval of application. The Borough Clerk shall not issue any limousine
owner's 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.
License fee. The annual fee for a limousine owner's license shall be $50 for the limousine service plus $10 for each limousine which is covered under the insurance policy set forth in Subsection B(1)(b) of this section.
E.
License term. All limousine owners' 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. Pursuant to N.J.S.A. 48:16-17, each limousine
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.
G.
Liability insurance and power of attorney.
(1)
No limousine owners' license shall be issued for any vehicle
required to be licensed until there is submitted to the Borough Clerk
at the time application for a license is made and approved by the
Borough Clerk as to both form and sufficiency 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 Borough. A combined single limit policy in the amount required
by this Code section shall satisfy this Code section. The operator
of each limousine shall be covered by the insurance requirements herein
referred to.
(2)
All limousine owners' licenses shall be effective and operative
only as long as such insurance policy or policies remain in force
and effect.
H.
Inspection of vehicles. No limousine owner's license shall be
issued for any vehicle which is not currently registered and inspected
in the State of New Jersey.
I.
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 Borough Council 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 Borough. A certified copy of any such resolution
shall be forwarded to all licensees within 10 days following adoption.
J.
Penalties. Any person or persons, firms, corporations or other organizations
found to be in violation of this section shall, upon conviction thereof
in municipal court, in addition to the penalties provided by N.J.S.A.
48:16-22.3, pay a fine of not less than $50 nor more than $200 for
the first offense and for each subsequent offense shall, upon conviction,
pay a fine not to exceed $1,000. The Municipal Court Judge may also
impose, if he or she so desires, a jail term not to exceed 90 days
or community service not to exceed 90 days. In addition to such penalties,
every license granted pursuant to this section may be revoked by the
Borough Clerk upon evidence of failure to comply with any provision
of N.J.S.A. 48:16-13 et seq.
