[HISTORY: Derived from the Revised General
Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979, as
indicated in article histories. Amendments noted where applicable.]
[Derived from Ch. XII, Secs. 12-1 and 12-2,
of the 1978 Code]
[Amended 10-27-2005 by Ord. No. 2005-38]
As used in this article, the following terms
shall have the meanings indicated:
An individual, partnership, joint venture, family (i.e.,
related by blood or marriage to the third degree of consanguinity),
union, entity or corporation seeking a license for a taxicab.
The Borough of Fort Lee.
The Mayor and Council of the Borough of Fort Lee.
Any person, corporation, or association in whose name title
to any taxicab is registered with the New Jersey Department of Motor
Vehicles, or who appears in such records to be the conditional vendee
or lessee thereof.
Licensed in accordance with the appropriate section of this
article unless otherwise stated.
A bound volume or computer printout, with pages numbered
in sequence, containing an owner's daily record of the dispatch of
taxicabs.
The address designated by the owner for the mailing of all
notices and correspondences from the Borough Clerk and for the service
of summonses. In the case of an individual, this shall be the individual's
home address. In the case of a partnership, it shall be the home address
of one of the partners. In the case of a joint venture, family, union
or entity, it shall be the home address of one of the members of the
joint venture. In the case of the corporation, it shall be an address
of the secretary of the corporation. However, an owner may also designate
a post office box number address as a mailing address.
A place designated by a fleet or mini fleet for maintaining
log books.
Consists of transporting in such taxicab one or more persons
for hire along any of the streets of this Borough. Accepting a passenger
to be transported for hire within this Borough or from a point within
this Borough to a point outside of the Borough limits or discharging
a passenger transported for hire from a point outside of the Borough
limits to a point within the Borough limits shall be deemed to be
operation of a taxicab within the meaning thereof. Notwithstanding
anything to the contrary contained herein, taxicabs licensed in other
jurisdictions may pick up or discharge passengers at a residential
or commercial location within the Borough, provided that any passenger
has made previous arrangement for such a trip. Taxicabs not licensed
by the Borough shall be specifically prohibited from picking up fares
unless they have been prearranged. The operation of a taxicab in any
of the above described manners by one other than the owner shall be
deemed operation by the owner thereof as well as by the person actually
driving the same. The transportation of any person other than the
owner or driver in any motor vehicle bearing sign therein or thereon
using the words "taxi," "taxicab," "cab" or "hack" shall be prima
facie evidence of operation.
[Amended 8-23-2012 by Ord. No. 2012-25]
An individual, family (i.e., related by blood or marriage
to the third degree of consanguinity), partnership, joint venture,
union, entity, limited liability company or corporation licensed by
the Borough to own and operate a taxicab. As of the effective date
of this article, no new owner shall be issued or possess more than
one license. The Borough shall issue not more than eight taxicab owner
licenses.
Any individual seated in a taxicab for travel for hire to
a given destination.
A person who has hailed or sought to hire a taxicab for the
purpose of being transported to a destination, or one who is awaiting
the arrival of a radio-dispatched taxicab and who is not seated in
a taxicab.
An owner seeking a renewal of a valid taxicab license.
Any automobile or motor car, commonly called "taxi," engaged
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 within the Borough and which particularly
accepts and discharges such persons as may offer themselves for transportation
from points or places to points or places within or without the Borough.
The authority granted by the Director of Public Safety to
an individual to drive taxicabs in the Borough of Fort Lee.
A business entity:
Which is organized for the ownership or operation
of 10 or more taxicabs;
Which are dispatched from a single location
that serves as both garage and office of record, which has been approved
by the Director of Public Safety as adequate for the storage, maintenance,
repair and dispatch of the fleet taxicabs;
Which has a dispatcher on the premises at least
18 hours every day, who is responsible for assigning drivers to fleet
taxicabs.
The authority granted by the Director of Public Safety to
an owner to own or lease a designated vehicle as a taxicab in the
Borough.
An owner licensed by the Borough to own and operate two or
more taxicabs, provided that said owner operates fewer than eight
taxicabs.
An instrument or device approved by the Borough Clerk by
which the charge to a passenger for hire of a licensed taxicab is
automatically calculated and on which such charge is plainly visible.
The authority granted by the Director of Public Safety to
an owner and/or driver to operate a vehicle designated as a taxicab
in the Borough.
A document, also known as a "trip sheet," carried by a driver,
setting forth the origin and destination of each trip, as well as
other information required by the Borough Clerk. Such records shall
not be destroyed for one year from the date of the trip and shall
be kept within the Borough in readily accessible form and shall be
accessible at all reasonable hours for inspection by the Borough Clerk.
A communications system used by an owner in dispatching taxicabs
or communicating with drivers of taxicabs.
[Amended 10-27-2005 by Ord. No. 2005-38; 8-23-2012 by Ord. No. 2012-25]
A.
No person shall operate a taxicab from within this Borough unless
both the taxicab and the driver thereof shall have first obtained
a duly issued driver's license and a duly issued license pursuant
to this article and conform to all the provisions thereof.
B.
Any person employed by or contracted by a Fort Lee licensed taxicab
company as a taxicab driver must first obtain and keep in force and
effect a taxicab driver's license issued pursuant to this article.
Any Fort Lee licensed taxicab company who employs unlicensed drivers
will be subject to such penalties and/or fines as may be imposed by
the Municipal Court.
C.
No taxicab company or person employed by or contracted by a taxicab
company shall solicit or serve taxicab service and/or fares in the
streets of Fort Lee without the requisite licenses issued by the State
of New Jersey and the Borough of Fort Lee.
D.
If any person employed by or contracted by a taxicab company is found
to be operating a taxicab without a valid taxicab driver's license
and/or taxicab vehicle license within the Borough, both the driver
and the taxicab owner may be charged with operating a taxicab without
a license and will be subject to such penalties and/or fines as may
be imposed by the Municipal Court.
E.
Applicants
for a taxicab driver’s license shall be made to the Chief of
Police upon forms provided by the Fort Lee Police Department. Applicants
shall meet the following qualifications:
[Amended 10-11-2012 by Ord. No. 2012-31]
(1)
Be
over 18 years of age.
(2)
Be
a United States citizen or legal resident with work privileges.
(3)
Possess
a valid state-issued driver’s license.
(4)
Be
in good health.
(5)
Be
of good moral character.
(6)
Be
able to read and write the English language.
(7)
Be
fingerprinted by the Police Department, with a report therein received
from the State Police or Federal Bureau of Investigation.
(8)
Have
a good knowledge of the Borough and state traffic laws and regulations.
(9)
Be
investigated by the Chief of Police or a police officer designated
by the Chief, which shall be reported to the Mayor and Council within
a reasonable time. The report shall include a recommendation that
the license be granted or denied and the reasons therefor.
F.
No taxicab license shall be issued to or renewed for a taxicab fleet,
taxicab mini fleet or individual taxicab owner unless and until such
proof shall have been given to the Director of Public Safety that
such taxicab fleet, taxicab mini fleet or individual taxicab owner
has adequately provided for the safe transportation of children up
to the age of eight or 80 pounds in weight who are passengers in a
taxicab operated by them. In the case of a taxicab fleet or taxicab
mini fleet, such proof shall consist of a written policy and posted
notice at the place of operation and in all taxicabs, conspicuous
to drivers and passengers, setting forth the following policy, said
policy to be strictly enforced by the driver and car owner.
(1)
Children up to 18 months of age or younger who are passengers in
a taxicab shall be seated in a federally approved child restraint
rear-facing seat in the rear seat of the taxicab.
(2)
Children over the age of 18 months but under the age of five must
be placed in a federally approved child restraint front-facing car
seat if riding in the rear seat of a taxicab.
(3)
Children over the age of five or up to 80 pounds in weight must be
placed in a car or booster seat in the rear seat of the licensed vehicle.
(4)
Children under the age of eight who weigh more than 80 pounds in
weight must wear a seat and shoulder belt while riding in the licensed
vehicle.
G.
A taxicab fleet or taxicab mini fleet must at all times keep and
maintain in fleet or mini fleet vehicles or at the base of operation
a total number of one safety seat for every four fleet vehicles, which
shall at all times be available for use by drivers of the taxicabs.
In the case of an individual owner, such proof shall consist of proof
that the owner keeps and maintains a federally approved child restraint
seat in the passenger compartment or trunk at all times.
H.
Filing.
(1)
If the owner is a partnership, it shall file with its license application
a certified copy of the partnership certificate form the clerk of
the county where the principal place of business is located.
(2)
If the owner is a joint venture, it shall file with its license application
a copy of the joint venture agreement.
(3)
If the owner is a corporation, it shall file with its license application
a certified copy of its certificate of incorporation. A list of its
officers and shareholders and a certified copy of the minutes of the
meetings in which they were elected shall also be provided.
(4)
No newly issued and no current licensee with one license, individual,
partnership, joint venture, family (as previously defined), unit,
entity, corporation or any person having a 10% or greater interest
in another partnership, joint venture, family (as previously defined),
unit, entity, or corporation may possess more than one license.
(5)
All other types of owners shall file the approved license application
and a written explanation of the nature of the ownership.
I.
Any material falsification or omission contained in an original or
renewal application for a taxicab license, or any failure to notify
the Director of Public Safety of any attempt by an owner or applicant
to conceal the identity of a party having an interest in the ownership
of a taxicab license or taxicab, shall be cause for denial of such
application and revocation or suspension of such license, in addition
to disbarment/licensure for taxi driving for up to three years.
[Amended 10-27-2005 by Ord. No. 2005-38]
There are hereby established three classes of
taxicab licenses to be known as "taxicab driver's license," "taxicab
owner's license" and "taxicab vehicle license," respectively.
A.
Taxicab driver's license shall entitle the person
named therein to operate within this Borough any taxicab duly licensed
hereunder until the license either expires or is surrendered, suspended
or revoked and (the license) shall not be transferable without making
application to the Mayor and Council, paying a transfer fee equal
to 50% of the license fee, and obtaining approval from the Mayor and
Council.
B.
Taxicab owner's license.
(1)
A taxicab owner's license shall entitle the holder
thereof to engage in the business of carrying passengers for hire
within the Borough until the license either expires or is surrendered,
suspended or revoked and shall not be transferable without the approval
of the Mayor and Council of the Borough.
(2)
An existing taxicab owner's license may be transferred
upon the transferee filing the applications and performing all the
other actions and attaining the same approvals required for owner's
license, as required herein.
C.
Taxicab vehicle license. A taxicab vehicle license
shall entitle the taxicab therein described to be operated in the
Borough by a driver duly licensed hereunder until the license either
expires or is surrendered, suspended or revoked and shall not be transferable.
A.
Any licenses issued pursuant to the terms of this
article shall expire at 12:00 midnight on December 31 of the year
in which it was issued unless sooner surrendered, suspended or revoked.
B.
Any license issued pursuant to the terms of this article
and not renewed by payment of the appropriate fee within 30 days of
the expiration date shall be deemed abandoned and revoked.
[Amended 10-27-2005 by Ord. No. 2005-38]
C.
Notification of expiration or need to renew a taxicab
license shall be sent to the owners of all taxicab licenses by the
Borough Clerk by certified mail 30 days prior to the expiration date
of all taxicab licenses. If no return receipt is received or the license
is not renewed within 15 days after the expiration date, a second
and final notice shall be sent notifying the owner of the Borough's
intention to deem abandoned and revoked any and all licenses which
have not been renewed within 30 days after the expiration date.
[Amended 10-27-2005 by Ord. No. 2005-38]
D.
Any licensee who does not actively utilize a license
for a period of one year shall forfeit such license. A copy of this
subsection shall be forwarded to each current licensee within 10 days
of the date of final adoption. Further, in the event that the Borough
Clerk ascertains that any license is not being utilized, he shall
notify the licensee, in writing, of the fact of the forfeiture provision
contained in this subsection. Any appeal of the determination of the
Borough Clerk that the license has been forfeited shall be heard by
the Mayor and Council or their designee and decided by the Mayor and
Council on the record.
[Added 2-8-2001 by Ord. No. 2001-05; amended 10-27-2005 by Ord. No. 2005-38]
E.
Any license issued pursuant to the terms of this article
may not be automatically renewed. Each licensee must show proof of
compliance with the code, and in the event such license is not renewed,
the licensee may contest at the nonrenewal hearing.
[Added 10-27-2005 by Ord. No. 2005-38]
F.
In no event shall the Borough be required to grandfather
renewed, issued and outstanding licenses in the amount of taxicabs
currently operating.
[Added 10-27-2005 by Ord. No. 2005-38]
[Amended 10-27-2005 by Ord. No. 2005-38; 12-15-2011 by Ord. No. 2011-22]
A.
The total
number of taxicab owner's licenses that may be issued and outstanding
at any one time is hereby fixed at eight.
B.
If the
Borough Clerk determines that one or more licenses are available for
issuance, notice will be published stating the number of new or additional
licenses to be authorized, the application period and a specific time
and date at which no further licenses will be accepted. The notice
must be published at least twice and at least one week apart. The
second notice must be published at least 30 days prior to the deadline
of issuance.
All applications for the issuance or renewal
of any license of any class shall be made to the Borough Council on
forms adopted by the Council and obtained from the Borough Clerk and
designed to elicit information respecting the identification, responsibility,
and law-abiding habits of the applicant. In addition to all other
information required on the application form, the applicant shall
identify by name and address each and every individual regularly employed
in any capacity by the applicant at any location within the Borough
of Fort Lee.
The Borough Clerk is hereby authorized to issue temporary taxicab driver's licenses pending the approval by the Borough Council of any application for a taxicab driver's license submitted in accordance with the provisions of this article, provided that the Chief of Police of the Borough shall first certify to the Borough Clerk that, after due investigation, the applicant is not ineligible under the provisions of § 372-15.
Each applicant for a license of any class shall
supply the information requested on the application in full and verify
the correctness thereof by his oath or affirmation and thereafter
file the completed application with the Borough Clerk together with
the full amount of the proper fee hereinafter fixed therefor.
A.
Each applicant for a taxicab driver's license shall
file with his application two photographs, each 3 1/2 inches in size,
clearly depicting the facial features of the applicant, both of which
photographs shall thereupon become the property of the Borough and
be retained with the application form unless the application shall
be accepted, in which event one of the photographs shall be permanently
affixed to the license card in a space provided therein.
B.
Each applicant for a taxicab driver's license shall
file with his initial application only a physician's certificate certifying
that the applicant is in good health and free from any communicable
or contagious disease.
[Amended 12-15-2011 by Ord. No. 2011-22]
A.
Each applicant for a taxicab driver's license shall be fingerprinted
by the Police Department of the Borough of Fort Lee, which fingerprints
shall thereupon become the property of the Borough and be retained
with the application form.
B.
Each operator or driver of a licensed taxicab must submit to the
performance of a criminal history record background check. The cost
for the criminal history background check, including all costs of
administering and processing the check, shall be borne by the operator
or driver of the taxicab.
C.
The operator or driver shall be disqualified from operating or driving
a taxicab if the criminal history background check reveals a record
of conviction of any of the following crimes: aggravated assault;
arson; burglary; escape; extortion; homicide; kidnapping; robbery;
aggravated sexual assault; sexual assault; endangering the welfare
of a child pursuant to N.J.S.A. 2C:24-4; a crime pursuant to N.J.S.A.
2C:39-3, 2C:39-4 or 2C:39-9; or other than a disorderly persons or
petty disorderly persons offence for the unlawful use, possession
or sale of a controlled substance as defined in N.J.S.A. 2C-35-2.
D.
If a person who has been convicted of one of the crimes enumerated in Subsection C above can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a taxicab.
Each applicant for a taxicab owner's license
shall have a regularly registered business office and shall therein
have a telephone operating.
[Amended 10-26-2006 by Ord. No. 2006-56]
A.
Every applicant for a taxicab owner's license shall
submit the insurance policy or bond required by N.J.S.A. 48:16-3 and
48:16-4. If submitting an insurance policy, the policy shall be from
an admitted insurance company duly licensed to transact business under
the insurance laws of this state or a company registered to do business
in this state. The policy must provide for not less than $35,000 of
motor vehicle liability insurance coverage or the amount of motor
vehicle liability insurance coverage required pursuant to N.J.S.A.
39:6B-1, whichever is greater; to satisfy all claims for damages,
by reason of bodily injury to or the death of any person, resulting
from or on account of an accident, by reason of the ownership, operation,
maintenance, or use of such taxicab upon any public street; and to
satisfy any claim for damages to property of any person or persons
resulting from, or on account of, an accident by reason of the ownership,
operation, maintenance, or use of such taxicab upon any public street.
The owner of a taxicab may, at his or her discretion, obtain additional
motor vehicle liability coverage from a company licensed outside of
the state.
[Amended 12-15-2011 by Ord. No. 2011-22]
B.
The municipal consent to operate the taxicab shall
become effective and operation thereunder shall be permitted only
so long as the insurance policy shall remain in force to the full
and collectible amounts as aforesaid.
C.
The insurance policy shall provide for the payment
of any final judgment recovered by any person on account of the ownership,
maintenance or use of the taxicab or any fault in respect thereto,
and shall be for the benefit of every person suffering loss, damage
or injury as aforesaid.
D.
If an owner operates more than one taxicab, he may
file with the clerk of the municipality, in lieu of the insurance
policy required above, a bond or insurance policy of a company duly
licensed to transact business under the insurance laws of this state,
in the sum of $50,000, which shall be a blanket insurance covering
all cabs operated by such owner, which shall provide for the payment
of any final judgment recovered by any person on account of the ownership,
maintenance and use of any such taxicabs or any fault in respect thereto,
and shall be for the benefit of every person suffering loss, damage
or injury as aforesaid.
E.
All applicants shall also execute and deliver to the
Borough Clerk, concurrently with the filing of the policy or bond
aforesaid, a power of attorney wherein and whereby the owner shall
appoint the Borough Clerk his true and lawful attorney for the purpose
of acknowledging service of any process out of a court of competent
jurisdiction to be served against the insured by virtue of the indemnity
granted under the insurance policy or bond filed in accordance with
N.J.S.A. 48:16-5.
F.
Nothing in this section shall be deemed to deny a
taxicab owner of his right to obtain an exemption from insurance from
the Commissioner of Banking and Insurance pursuant to N.J.S.A. 48:16-8.
The Borough Clerk, upon filing of the required
insurance policy or bond, shall issue a certificate in duplicate showing
that the owner of the taxicab has complied with the terms of the Revised
Statutes, aforementioned, which certificate shall recite the name
of the insurance company, the number and date of expiration of the
policy or bond, a description of the taxicab insured thereunder and
the registration number of the same. The duplicate certificate shall
be filed with the Department of Motor Vehicles before any such car
is licensed as a taxicab. The original certificate shall be posted
in a conspicuous place within the taxicab.
[Amended 10-27-2005 by Ord. No. 2005-38]
A.
The annual fee for each taxicab driver's license hereafter
issued or for any renewal thereof shall be $25 for each year or portion
of a year for which the license is issued or renewed, and all of such
licenses shall be under the charge and control of the person applying
therefor and he shall be responsible for the operation of all vehicles
so licensed to him.
B.
The annual fee for each taxicab owner's license hereafter
issued or for any renewal thereof shall be $250 for each year or portion
of a year for which the license is issued or renewed, and all of such
licenses shall be under the charge and control of the person applying
therefor and he shall be responsible for the operation of all vehicles
so licensed to him.
C.
The annual fee for each taxicab vehicle license hereafter
issued or for any renewal thereof shall be $50 for each year or portion
of a year for which the license is issued or renewed, and all of such
licenses shall be under the charge and control of the person applying
therefor and he shall be responsible for the operation of all vehicles
so licensed to him.
D.
The fee for the transfer of a taxicab owner's license
to operate a taxicab service in the Borough shall be $150. The fee
shall be due and payable to the Borough prior to the approval and
effectiveness of the transfer.
[Added 2-14-2008 by Ord. No. 2008-7]
[Amended 10-27-2005 by Ord. No. 2005-38]
The Mayor and Council may, in their discretion,
refuse to issue or renew or may, after notice and hearing. if required,
revoke or suspend:
A.
Any license of any class if the owner or applicant
has been once convicted of a crime in this or any other jurisdiction
of being a disorderly person, or has committed a crime as defined
under the law of New Jersey, or a serious violation of Title 39, Motor
Vehicles and Traffic Regulation, of the Revised Statutes of New Jersey,
or who has been dishonorably discharged from the armed forces of the
United States of America, or who violated any provision of this chapter
or has any judgment unsatisfied of record against him arising out
of an automobile accident, who has made false or evasive or incomplete
answers in his application for any license or any renewal thereof,
or who has failed or fails to render reasonably prompt, safe, courteous,
and adequate taxicab service, or who has not complied fully with all
requirements of this chapter for such class of license or who is not
possessed of good moral character;
B.
Any taxicab driver's license if the licensee or applicant
has in any degree contributed to any injury to person or damage to
property arising out of negligent operation of a motor vehicle, or
has any communicable or contagious disease; or
C.
Any taxicab vehicle license if the motor vehicle licensed
or to be licensed, by reason of unsafe or unsanitary conditions, is
dangerous to the safety or health of the occupants or others, or if
the policy of insurance or bond or power of attorney required by N.J.S.A.
48:16-3, 48:16-4, and 48:16-5 aforementioned has not been furnished
or kept in force, or if terms or conditions imposed by the Borough
Council or any law of this state have not been met.
D.
Hearing. An owner or applicant who, in writing, requests
a hearing hereunder, not later than 10 days after a denial of a license
or suspension or revocation thereof, be advised of the date, time
and location of a scheduled hearing either in the summons, which also
shall briefly describe the alleged violation and the rule claimed
to have been violated, in a separate notice of hearing or in the written
charges and specifications, at least 15 days prior to the date of
the hearing.
E.
If the owner or applicant wishes to plead not guilty
to a summons which requires his/her personal appearance, he/she must
appear at the hearing with his/her rate card and any relevant documents
or evidence. If the owner or applicant is a partnership, family, union,
entity or joint venture, any principal may appear on its behalf, and
if the owner is a corporation, any officer thereof may appear. At
the hearing, the owner or applicant may be represented by an attorney.
Each applicant granted a taxicab driver's license
shall be issued a license card in evidence thereof in a form approved
by Borough Council and signed by the Borough Clerk in its behalf.
Such license card shall at all times be prominently displayed and
adequately protected in the interior of any taxicab operated by the
licensee so that the face thereof shall be at all times in full view
of and plainly legible to any passenger seated on the rear seat of
such taxicab; and the license card shall at all times be and remain
the property of the Borough and on direction of Borough Council shall
at once be surrendered to the Borough Clerk.
No taxicab driver's license card other than
that of the licensee actually operating the taxicab at the time shall
be displayed therein.
The Borough Clerk shall, at the time the Borough
Council acts on any application, pay the fees received therefor over
to the Borough Treasurer.
No taxicab shall hereafter be operated in this
Borough unless and until there is prominently displayed in the interior
thereof, within the full view and access of any passengers therein,
a complete list of fares, charges or tariff rates charged for transportation
of passengers, which fares, charges, or tariff rates so displayed,
and no other, shall be those to be charged any passenger so transported.
Every person so licensed as aforesaid 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 this Borough
to a point outside the Borough limits or discharging a passenger transported
from a point outside of the Borough limits to a point within the Borough
limits, 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 unlighted;
provided, however, 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.
[Amended 10-27-2005 by Ord. No. 2005-38]
A.
All vehicles herein required to be licensed, used
or operated for the carrying of passengers within the scope of this
article shall be lawfully licensed sedans, mini-vans or sport utility
vehicles (SUVs) with a minimum of three doors and, where applicable,
a trunk lid, at least two of which shall be for the exclusive use
of the passengers. The vehicles shall at all times be kept clean and
in good repair and in a safe operating condition. Each vehicle shall
be equipped with an interior ceiling light which shall be activated
upon pickup and discharge of passengers.
B.
Each and every taxicab operating in the Borough shall
have installed therein a taximeter, approved by the Borough, of standard
make, on which the fare or charge for hire of the taxicab is mechanically
and accurately calculated and registered, and on which taximeter the
charge is plainly indicated. The taximeter is to be so placed in the
taxicab that the charge thereof may be plainly seen by the passengers.
C.
No person shall use or permit to be used upon any
taxicab a taximeter which shall be in such a condition as to be over
5% incorrect to the prejudice of any passenger.
D.
After sundown, the face of every taximeter shall be
illuminated by a suitable light so arranged as to throw a continuous
steady light thereon while in operation and carrying a passenger,
so that the meter will be clearly discernible and can be read by a
passenger in the rear seat.
E.
Every taxicab shall be equipped with a top light or
domelight which shall be so connected with the taximeter that while
the taximeter is in operation and carrying a passenger the top light
or domelight shall be extinguished.
F.
The taximeter shall be sealed and a colored paster
different in color at each inspection shall be placed on the taximeter
after inspection.
G.
No person shall use or permit to be used or drive
for hire a taxicab equipped with a taximeter the case of which is
unsealed or the seal broken.
H.
Every taxicab shall be equipped with a yellow emergency
signal light, visible when lit in the daytime, operable by the driver,
at least three inches in diameter, and affixed to the rear of the
taxicab above the vehicle's bumper.
I.
Child passenger restraint system.
(1)
Every taxicab which is transporting children up to
80 pounds in weight on roadways, streets or highways of the Borough
shall be responsible for the protection of the children by properly
using a child passenger restraint system that complies with federal
vehicle safety standards.
J.
Every taxicab fleet, taxicab mini fleet or individual
taxicab owner shall be equipped with at least two weighted triangle
safety reflectors and an up-to-date Class B and C metal fire extinguisher
of not less than 2.5 lbs capacity, mounted adjacent to and easily
accessible to the taxicab driver.
K.
Vehicle inspection.
(1)
All taxicabs shall be inspected annually, or more
often if the Mayor and Council so requires by resolution. In addition,
any police officer may inspect any taxicab at any reasonable time
to determine if it is in clean, sanitary operating condition and equipped
with the equipment required herein, in good operating order.
(2)
Any taxicab which fails to pass inspection shall be
immediately taken out of service and shall not be operated again within
the Borough until the defects which led to its rejection are corrected.
In the case of minor defects which do not constitute an immediate
danger to the health or safety of the public, the taxicab may continue
to be operated for a period of one week, at the end of which time
it shall be reinspected. If the defect has not by then been corrected,
the vehicle shall immediately be taken out of service and remain out
of service until the defect is corrected.
L.
Every
taxicab shall display on the body of the vehicle its taxicab license
number along with each municipality that has issued a taxicab license
to that taxicab. The information shall be three inches in height and
must be located on the center rear quarter panel on the driver and
passenger side as well as the rear center line of the trunk. The list
of each municipality shall be displayed on each rear door.
[Added 12-15-2011 by Ord. No. 2011-22]
[Amended 10-27-2005 by Ord. No. 2005-38]
A.
Any dispute as to the fare shall be initially determined
by the police officer in charge of the police station at the time
of the dispute or his/her designee.
B.
Every driver of a taxicab shall, when requested, give
a passenger a receipt for the fare paid.
C.
No person other than the licensed driver of the taxicab
shall ride or sit in the compartment of the taxicab reserved for the
driver.
D.
The ranking police officer on any tour of duty, in
his/her reasonable discretion, for the purpose of protecting the public
health or safety, may temporarily suspend a taxicab owner's license,
taxicab driver's license, the premises of a taxicab operation or order
that a taxicab(s) be taken out of service. In the event of such an
emergency or suspension, the Director of Public Safety or his designee
shall hold an emergency suspension hearing, if so requested, within
five days of the action taken, and he/she shall have the authority
to continue, modify or end the said suspension pending a hearing by
the Mayor and Council under the terms and conditions set forth herein.
A.
Every vehicle licensed hereunder shall have fastened
in a conspicuous place therein a printed card showing the rates provided
for in this article in letters and figures of not less than 1/2 inch
in height.
B.
Every vehicle licensed hereunder shall have posted
on both front doors or both rear doors of the vehicle the rates provided
for in this article in figures of not less than 2 1/2 inches
in height and letters of not less than one inch in height.
C.
The maximum rates which may be charged are as follows:
[Amended 8-23-2001 by Ord. No. 2001-35; 5-22-2008 by Ord. No. 2008-28; 4-11-2019 by Ord. No. 2019-6]
(1)
$4.75 for the first 4/9 of mile and $0.35 for each additional 1/9
mile.
(2)
$1.50 for each three minutes or portion thereof of waiting time.
(3)
Fuel surcharge.
(a)
In addition to the fares set forth in Subsection C(1) and C(2) hereof, a fuel surcharge may be charged to any user of a taxicab. The fuel surcharge shall be computed by deducting $1.12 per gallon from the certified price of gasoline per gallon that the taxicab company is paying during the month in which the surcharge is sought. The resultant figure shall then be divided by 10 to determine the fuel surcharge per mile that the taxicab company may charge. The resultant figure shall be designated as the fuel surcharge increase. Every taxicab owner shall charge the fuel surcharge increase as follows: for zero to two miles of travel, two times the surcharge increase; for the next two to five miles of travel, five times the surcharge increase; for the next five to 10 miles of travel, 10 times the surcharge increase; for the next 10 to 15 miles of travel, 15 times the surcharge increase; for the next 15 to 20 miles of travel, 20 times the surcharge increase; for the next 20 to 25 miles of travel, 25 times the surcharge increase; and for over 25 miles of travel, 25 times the surcharge increase. Notwithstanding anything to the contrary set forth herein, the surcharge for any one trip shall not exceed $2.
(b)
Notwithstanding anything to the contrary set forth in Subsection C(3)(a) herein, fuel surcharge increase shall only be charged in increments of $0.05. If a fuel surcharge increase as calculated is greater than $0.00 but less than $0.05, then no such surcharge shall be collectable. If a fuel surcharge increase is calculated to be greater than a five-cent increment but less than the next higher five-cent increment, then the surcharge collectable shall be the next lower five-cent increment which does not exceed the surcharge.
(c)
Each taxicab shall have posted in the passenger compartment
a notice setting forth the surcharge rate and how it was determined.
(d)
The taxicab companies shall certify in affidavit form their
cost of gasoline during any month in which a surcharge is being imposed.
No surcharge shall be charged until this affidavit is submitted to
the Borough Clerk.
D.
The charge for carrying passengers shall not exceed
the rates herein provided.
E.
Any fares charged in excess thereof shall constitute
a violation of this article by the owner or operator or both.
The owner of each taxicab licensed under this
article shall file with the Borough Clerk on the annual license renewal
date a certification from the manufacturer of each meter that it has
been inspected and that it is in proper working order. The certification
shall be dated not more than 90 days prior to the renewal date.
Each taxicab licensee licensed under this article
shall maintain a twenty-four-hour telephone service and shall have
taxicab service on call on a twenty-four-hour basis.
[Derived from Ch. XII, Sec. 12-3, of the
1978 Code]
[Amended 10-27-2005 by Ord. No. 2005-38]
As used in this article, the following terms
shall have the meanings indicated:
An individual, partnership, joint venture or corporation
seeking a license for a limousine.
The Borough of Fort Lee.
The Mayor and Council of the Borough of Fort Lee.
Any person who drives a limousine within the Borough of Fort
Lee.
Licensed in accordance with the appropriate section of this
article and N.J.S.A. 48:16-22.1 et seq., if applicable, unless otherwise
stated.
[Amended 9-19-2013 by Ord. No. 2013-23]
Includes 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.).
In addition, a "Vehicle Emission Control Information" label, which
contains the name and trademark of the manufacturer and an unconditional
statement of compliance with the emission requirements of the Environmental
Protection Agency, shall be present on the vehicle. Nothing in this
article contained shall be construed to include taxicabs, hotel buses,
buses employed solely in transporting school children or teachers,
vehicles owned and operated directly or indirectly by businesses engaged
in the practice of mortuary science when those vehicles are used exclusively
for providing transportation related to the provision of funeral services,
autobuses which are subject to the jurisdiction of the Department
of Transportation, or interstate autobuses required by federal or
state law or regulations of the Department of Transportation to carry
insurance against loss from liability imposed by law on account of
bodily injury or death.
[Amended 9-19-2013 by Ord. No. 2013-23]
A bound volume or computer printout, with pages numbered
in sequence, containing an owner's daily record of the dispatch of
limousines.
The authority granted by the Director of Public Safety to
an individual to drive limousines in the Borough of Fort Lee.
A business entity:
Which is organized for the ownership or operation
of a maximum of 10 limousines;
Which are dispatched from a single location
that serves as both garage and office of record, which has been approved
by the Director of Public Safety as adequate for the storage, maintenance,
repair and dispatch of the fleet limousines;
Which has a dispatcher on the premises at least
18 hours every day, who is responsible for assigning drivers to fleet
limousines.
The authority granted by the Borough Clerk to an owner to
operate designated vehicle as a limousine in the Borough.
An owner licensed by the Borough to own and operate two or
more limousines, provided that said individual, partnership, joint
venture or corporation operates fewer than eight limousines.
The authority granted by the Director of Public Safety to
an owner and/or driver to operate a vehicle designated as a limousine
in the Borough.
The address designated by the owner for the mailing of all
notices and correspondences from the Borough Clerk and for the service
of summonses. In the case of an individual, this shall be the individual's
home address. In the case of a partnership, it shall be the home address
of one of the partners. In the case of a joint venture, family (as
previously defined), union or entity, it shall be the home address
of one of the members of the joint venture. In the case of the corporation,
it shall be an address of the secretary of the corporation. However,
an owner may also designate a post office box number address as a
mailing address.
A place designated by a fleet or mini fleet for maintaining
log books and where limousine service is conducted, where limousines
are dispatched, or where limousine drivers report for duty.
[Amended 9-19-2013 by Ord. No. 2013-23]
The prearranged acceptance of and transport in such limousine
of one or more persons for hire, from a point within the Borough or
from a point or points outside the Borough to a point within the Borough.
Operation shall not include accepting and/or transporting one or more
passengers from one point within the Borough to any other point or
points within the Borough, unless the purpose for such trip is for
a social function, funeral, wedding, or such other purposes as are
commonly associated with a limousine and not a taxicab.
[Amended 9-19-2013 by Ord. No. 2013-23]
Any individual, partnership, joint venture, family (as previously
defined), union, entity, limited liability company or corporation
in whose name title is registered with the New Jersey Department of
Motor Vehicles, or who appears in such records to be the conditional
vendee or lessee thereof.
[Amended 9-19-2013 by Ord. No. 2013-23]
Any individual seated in a limousine for hire to a given
destination.
A person sought to hire a limousine for the purpose of being
transported to a destination, or one who is awaiting the arrival of
a radio-dispatched limousine and who is not seated in a limousine.
An owner seeking a renewal of a valid limousine license.
A document, also known as a "trip sheet," carried by a driver,
setting forth the origin and destination of each trip, as well as
other information required by the Borough Clerk. Such records shall
not be destroyed for one year from the date of the trip and shall
be kept within the Borough in readily accessible form and shall be
accessible at all reasonable hours for inspection by the Borough Clerk.
A communications system used by an owner in dispatching limousines
or communicating with drivers of limousines.
[Amended 10-27-2005 by Ord. No. 2005-38; 9-19-2013 by Ord. No. 2013-23]
A.
As of
the effective date of this article, no newly licensed owner shall
possess more than one license. The Borough shall not issue more than
12 licenses.
B.
No person
shall operate any limousines from within this Borough unless both
the limousine and the driver thereof are licensed pursuant to this
article and N.J.S.A. 48:16-13 et seq., if applicable, and conform
to all the provisions hereof.
[Amended 10-27-2005 by Ord. No. 2005-38]
There are hereby established three classes of
limousine licenses to be known as "limousine driver's license," "limousine
owner's license" and "limousine vehicle license," respectively.
A.
Limousine driver's license. A limousine driver's license
shall entitle the person named therein to operate within this Borough
any limousine duly licensed hereunder until the license either expires
or is surrendered, suspended or revoked and shall not be transferable
without making application to the Mayor and Council, paying a transfer
fee equal to 50% of the license fee, and obtaining approval from the
Mayor and Council.
B.
Limousine owner's license.
(1)
A limousine owner's license shall entitle the holder thereof to engage
in the business of operating a maximum of 16 limousines within the
Borough, pursuant to the provisions set forth herein, until the license
either expires or is surrendered, suspended or revoked, and said license
shall not be transferable without the approval of the Council of the
Borough.
[Amended 9-11-2014 by Ord. No. 2014-33]
(2)
The total number of limousine owner licenses that
may be issued and outstanding at any one time is hereby fixed to be
12.
(3)
In the event said licenses are not renewed and the
license fees therefor paid within 30 days of the expiration date of
the previous license, then and in that event said licenses shall be
deemed to be abandoned and revoked.
C.
Limousine vehicle license.
(1)
A limousine vehicle license shall entitle the limousine
therein described to be operated in the Borough by a driver duly licensed
hereunder until the license either expires or is surrendered, suspended
or revoked and shall not be transferable.
(2)
In the event said licenses are not renewed and the
license fees therefor unpaid within 30 days of the expiration date
of the previous license, then and in that event said licenses shall
be deemed to be abandoned and revoked.
A.
Any license issued pursuant to the terms of this article
shall expire at 12:00 midnight of the 31st of December of the year
in which it was issued unless sooner surrendered, suspended, or revoked.
B.
Any license issued pursuant to the terms of this article
and not renewed by payment of the appropriate fee within 30 days of
the expiration date shall be deemed abandoned and revoked.
[Added 10-27-2005 by Ord. No. 2005-38]
C.
Notification of expiration and need to renew a limousine
license shall be sent to the owners of all limousine licenses by the
Borough Clerk by certified mail 30 days prior to the expiration date
of all limousine licenses. If no return receipt is received or the
license is not renewed within 15 days after the expiration date, a
second and final notice shall be sent notifying the owner of the Borough's
intention to deem abandoned and revoked any and all licenses which
have not been renewed within 30 days after the expiration date.
[Added 10-27-2005 by Ord. No. 2005-38]
D.
Any licensee who does not actively utilize a license
for a period of one year shall forfeit such license. A copy of this
subsection shall be forwarded to each current licensee within 10 days
of the date of final adoption. Further, in the event that the Borough
Clerk ascertains that any license is not being utilized, he shall
notify the licensee, in writing, of the fact of the forfeiture provision
contained in this subsection. Any appeal of the determination of the
Borough Clerk that the license has been forfeited shall be heard by
the Mayor and Council or other designee and decided by the Mayor and
Council on the record.
[Added 10-27-2005 by Ord. No. 2005-38]
E.
Any license issued pursuant to the terms of this article
may not be automatically renewed. Each licensee must show proof of
compliance with the chapter, and in the event such license is not
renewed, the licensee may contest the nonrenewal before the Mayor
and Council or their designee, with the Mayor and Council deciding
the matter on the record.
[Added 10-27-2005 by Ord. No. 2005-38]
F.
In no event shall the Borough be required to grandfather
renewed, issued and outstanding licenses in the amount of limousines
currently operating.
[Added 10-27-2005 by Ord. No. 2005-38]
A.
All applications for the issuance or renewal of any
license of any class shall be made to the Borough Council on forms
adopted by the Council and obtained from the Borough Clerk and designed
to elicit information respecting the identification, responsibility,
and law-abiding habits of the applicant. In addition to all other
information required on the application form, the applicant shall
identify by name and address each and every individual regularly employed
in any capacity by the applicant at any location within the Borough
of Fort Lee.
B.
Each applicant for a license of any class shall supply
the information requested on the application in full and verify the
correctness thereof by his oath or affirmation and thereafter file
the completed application with the Borough Clerk together with the
full amount of the proper fee hereinafter fixed therefor.
A.
All applications for the issuance or renewal of a
limousine owner's license shall be made in writing, in duplicate,
and shall contain the full name and address of the owner. If the owner
is a corporation or partnership said application shall also contain
the full names and addresses of all the officers or partners respectively.
Any and every change of address of the owner shall be reported to
the Borough Clerk within three days of said change. In addition to
all other information required on the application form, the applicant
shall identify by name and address each and every individual regularly
employed in any capacity by the applicant at any location within the
Borough of Fort Lee.
B.
Every person obtaining a limousine owner's license
shall be at least 21 years of age and a legal resident of the United
States, shall have a regular business office within the Borough and
shall maintain an operating telephone listed in the Bergen County
telephone directory under the name of the owner.
[Amended 9-19-2013 by Ord. No. 2013-23]
C.
All applications for the issuance or renewal of a
limousine vehicle license shall be made in writing, in duplicate,
and shall contain the full name and address of the owner, the serial
number, type, color, year and make of the limousine and number of
persons it is capable of carrying.
D.
No limousine licensed under this article shall be
maintained or operated on the streets of the Borough except by a driver
licensed in accordance with the provisions of this article.
[Amended 9-19-2013 by Ord. No. 2013-23]
A.
Applications for a limousine driver's license shall be made to the
Chief of Police upon forms provided by the Fort Lee Police Department.
B.
Each applicant for a limousine driver's license shall be at least
21 years of age, in good health, of good moral character, a United
States citizen or a legal resident of the United States with work
privileges, shall be able to read and write the English language,
shall be a holder of a valid state-issued driver's license, and shall
have good knowledge of the Borough and state traffic laws and regulations.
C.
Applicants shall submit to, and bear the cost of, being fingerprinted
by the Division of State Police in the Department of Law and Public
Safety or by agents appointed by or under contract to the Division
and provide written consent to the performance of a criminal history
record background check, unless the applicant was previously fingerprinted
and had a criminal background check conducted as part of an application
for a commercial driver's license or a passenger endorsement under
a commercial driver's license or both.
(1)
An applicant shall be disqualified from operating or driving a limousine
or any other passenger vehicle licensed under this article if the
applicant's criminal history record background check reveals a record
of conviction of any of the crimes set forth in N.J.S.A. 48:16-22.3a.
(2)
No applicant will be permitted to operate or drive a limousine unless
the Chief Administrator of the New Jersey Motor Vehicle Commission
provides written notification to the owner of the limousine service
that the applicant is qualified for employment as a limousine operator
or driver.
(3)
Any owner of a limousine license which employs a person as a limousine
driver whom the Chief Administrator of the New Jersey Motor Vehicle
Commission has not determined to be qualified for employment, pursuant
to N.J.S.A. 48:16-22.3a, shall be subject to a penalty of $500.
D.
Applicants must provide proof to the Chief of Police, or a police
officer designated by the Chief, of compliance with the provisions
of N.J.S.A. 48:16-22.3a. The Chief of Police, or a police officer
designated by the Chief, shall report to the Mayor and Council within
a reasonable time. The report shall include a recommendation that
the license be granted or denied and the reasons therefor.
E.
Each applicant for a limousine driver's license shall file with his
application two photographs, each 3 1/2 inches square, clearly
depicting the facial features of the applicant, both of which photographs
shall thereupon become the property of the Borough and be retained
with the application form unless the application shall be issued in
which event one of the photographs shall be permanently affixed to
the license card in a space provided therein.
F.
All changes of residence on the part of the holder of any limousine
driver's license issued under this article shall be reported in writing
to the Borough Clerk within three days after such change and shall
be directed to the Police Department of the Borough.
G.
The Police Department is hereby authorized to issue temporary limousine
driver's licenses pending the approval by the Council of any application
for a limousine driver's license submitted in accordance with the
provisions of this article, provided that the Chief of Police of the
Borough shall first certify to the Borough Clerk that, after due investigation,
the applicant is not ineligible under the provisions of this article.
A.
Every applicant for a limousine owner's license shall
submit the insurance policy or bond required by N.J.S.A. 48:16-14
and 48:16-15 covering the limousine to be licensed and shall execute
and deliver to the Borough Clerk concurrently with the filing of the
policy or bond aforesaid a power of attorney, wherein and whereby
the owner shall appoint the Borough Clerk his true and lawful attorney
for the purpose of acknowledging service of any process out of a court
of competent jurisdiction to be served against the insured by virtue
of the indemnity granted under the insurance policy or bond filed
in accordance with N.J.S.A. 48:16-16.
B.
The Borough Clerk, upon filing of the required insurance
policy or bond, shall issue a certificate in duplicate showing that
the owner of the limousine has complied with the terms of the New
Jersey Statutes, aforementioned, which certificate shall recite the
name of the insurance company, the number and date of expiration of
the policy or bond, a description of the limousine insured thereunder
and the registration number of the same. The duplicate certificate
shall be filed with the Department of Motor Vehicles before any such
car is licensed as a limousine. The original certificate shall be
posted in a conspicuous place within the limousine.
[Amended 7-27-2000 by Ord. No. 2000-33; 10-27-2005 by Ord. No. 2005-38; 10-26-2006 by Ord. No.
2006-56; 2-14-2008 by Ord. No. 2008-6; 9-19-2013 by Ord. No.
2013-23]
A.
Limousine services with a place of business within, and licensed
by, the Borough shall be required to pay an annual administrative
fee of $200 to cover administrative costs, including, but not limited
to, vehicle inspections, preparations of reports and documents, and
the enforcement of the provisions of this article by Borough personnel.
B.
The annual fee for each limousines driver's license hereafter issued
or for any renewal thereof shall be $25 for each year or portion of
a year for which the license is issued or renewed, and all of such
licenses shall be under the charge and control of the person applying
therefor, and he shall be responsible for the operation of all vehicles
so licensed to him.
C.
The annual fee for each limousine owner's license hereafter issued
or for any renewal thereof shall be $50 for each year or portion of
a year for which the license is issued or renewed, and all of such
licenses shall be under the charge and control of the person applying
therefor, and he shall be responsible for the operation of all vehicles
so licensed to him.
D.
The annual fee for each limousine vehicle license hereafter issued
or for any renewal thereof shall be $10 for each year or portion of
a year for which the license is issued or renewed, and all of such
licenses shall be under the charge and control of the person applying
therefor and he shall be responsible for the operation of all vehicles
so licensed to him.
E.
An administrative fee of $50 shall be charged by the Borough Clerk
for registration of a vehicle with the New Jersey Department of Motor
Vehicles for all businesses or residents of Fort Lee which do not
operate a limousine business in Fort Lee but reside in the Borough
of Fort Lee, own a limousine and demonstrate appropriate insurance
requirements on the limousine. In no way shall the aforesaid registration
with the New Jersey Department of Motor Vehicles be interpreted as
granting permission to operate a limousine business within the Borough
of Fort Lee.
F.
The fee for the transfer of a limousine owner's license to operate
a limousine service in the Borough shall be $150. The fee shall be
due and payable to the Borough prior to the approval and effectiveness
of the transfer.
[Amended 10-27-2005 by Ord. No. 2005-38]
The Mayor and Council may, in their discretion,
refuse to issue or renew or may, after notice and hearing, if requested,
revoke or suspend:
A.
Any license of any class if the owner or applicant
has been once convicted of a crime in this or any other jurisdiction
of being a disorderly person, or to have committed a crime as defined
under the laws of New Jersey, or of a serious violation of Title 39,
Motor Vehicles and Traffic Regulation, of the Revised Statutes of
New Jersey, or who has been dishonorably discharged from the armed
forces of the United States of America, or who violated any provision
of this article or has any judgment unsatisfied of record against
him arising out of an automobile accident, or who has made false or
evasive or incomplete answers in his application for such license
or any renewal thereof, or who has failed or fails to render reasonably
prompt, safe, courteous, and adequate limousine service, or who has
not complied fully with all requirements of this article for such
class of license or who does not possess good moral character;
B.
Any limousine driver's license if the licensee or
applicant has in any degree contributed to any injury to person or
damage to property arising out of negligent operation of a motor vehicle,
or has any communicable or contagious disease; or
C.
Any limousine vehicle license if the motor vehicle
licensed or to be licensed, by reason of unsafe or unsanitary conditions,
is dangerous to the safety or health of the occupants or others, or
if the policy of insurance or bond or power of attorney required by
N.J.S.A. 48:16-3, 48:16-4, and 48:16-5 aforementioned has not been
furnished or kept in force, or if terms or conditions imposed by the
Borough Council or any law of this state have not been met.
D.
Hearing. An owner or applicant who will, in writing,
request a hearing hereunder, not later than 10 days after a denial
of a license, or suspension or revocation thereof, be advised of the
date, time and location of a scheduled hearing either in the summons,
which also shall briefly describe the alleged violation and the rule
claimed to have been violated, in a separate notice of hearing or
in the written charges and specifications, at least 15 days prior
to the date of the hearing.
E.
If the owner or applicant wishes to plead not guilty
to a summons which requires his/her personal appearance, he/she must
appear at the hearing with his/her rate card and any relevant documents
or evidence. If the owner or applicant is a partnership, family, union,
entity or joint venture, any principal may appear on its behalf, and
if the owner is a corporation, any officer thereof may appear. At
the hearing, the owner or applicant may be represented by an attorney.
A.
Each applicant granted a limousine driver's license
shall be issued a license card in evidence thereof in a form approved
by Council and signed by the Borough Clerk on its behalf. Such license
card shall at all times be prominently displayed and adequately protected
in the interior of any vehicle operated by the licensee so that the
face thereof shall be at all times in full view of and plainly legible
to any passenger seated on the rear seat of such limousine; and said
license card shall at all times be and remain the property of the
Borough and on direction of Council shall at once be surrendered to
the Borough Clerk.
B.
No limousine driver's license card other than that
of the licensee actually operating the limousine at the time shall
be displayed therein.
A.
Drivers of limousines shall not receive or discharge
passengers in the roadway, but shall pull up to the right-hand sidewalk
or as nearly as possible thereto or, in the absence of a sidewalk,
to the extreme right-hand side of the road, and there receive or discharge
passengers, except upon one-way streets where passengers may be discharged
on either the right- or left-hand sidewalk or at the side of the roadway
in the absence of a sidewalk.
B.
No limousine shall be operated about the streets of
the Borough so as to solicit passengers or to bring the presence of
the limousine to the attention of prospective passengers.
A.
All vehicles herein required to be licensed, used or operated for the carrying of passengers within the scope of this article shall be as defined in § 372-28. Said automobile shall at all times be clean and in good repair and shall have passed all inspections as required by the New Jersey Division of Motor Vehicles.
B.
Not more than one passenger besides the driver may
occupy the front seat of the limousine.
[Amended 10-26-2006 by Ord. No. 2006-56]
A.
No license shall be issued by the Borough Clerk unless
the applicant has filed a copy of his insurance policy with the Clerk
pursuant to the requirements of N.J.S.A. 48:16-14. Except as provided
in section 14 of P.L.1999, c. 356 (N.J.S.A. 48:16-22.4), no limousine
shall be operated wholly or partly along any street in any municipality
until the owner of the limousine shall have filed with the clerk of
the municipality in which the owner has his principal place of business
an insurance policy of a company duly licensed to transact business
under the insurance laws of this state in the sum of $1,500,000 against
loss by reason of the liability imposed by law upon every limousine
owner for damages on account of bodily injury or death suffered by
any person as the result of an accident occurring by reason of the
ownership, maintenance or use of the limousine upon any public street.
The insurance company shall supply to the Director of the Division
of Motor Vehicles notice concerning all motor vehicle liability insurance
policies canceled for nonpayment and new policies issued after the
effective date of P.L.2001, c.416 (N.J.S.A. 48:16-18.1 et al.). The
notice shall be supplied monthly. After receipt of the notice of cancellation,
the Division shall notify the owner of the date the policy was canceled.
If the Director has not received proof of liability insurance within
30 days of the date the notification was sent to the owner, the Director
shall suspend the registration of the limousine until new proof is
supplied that motor vehicle liability insurance has been secured for
the limousine. If the owner fails to provide proof of insurance or
surrender the license plates within 60 days of the date the notification
was sent to him by the Division, the Division shall suspend the owner's
corporation code registration privilege.
B.
Such operation shall be permitted only so long as
the insurance policy shall remain in force to the full and collectible
amount of $1,500,000.
C.
The insurance policy shall provide for the payment
of any final judgment recovered by any person on account of the ownership,
maintenance and use of such limousine, or any fault in respect thereto,
and shall be for the benefit of every person suffering loss, damage
or injury as aforesaid.
A.
For the purpose of regulating and for the purpose
of clearly distinguishing a limousine from a taxicab, it shall be
unlawful for any licensed limousine owner or licensed limousine driver,
as herein defined, to make a charge for transportation of one or more
persons at a minimal charge of less than $15. No rebates, participating
coupons or other inducement calculated to reduce rates shall be permitted.
B.
Any person or persons who shall violate any of the
provisions of this article shall upon conviction thereof be subject
to a fine not exceeding $200 or imprisonment in the county jail for
a term not exceeding 90 days, in the discretion of the judge by whom
such person is convicted.
A.
Any license lawfully issued prior to the effective
date of this article shall continue in full force and effect, notwithstanding
the fact that it may be in conflict with any provision(s) adopted
hereunder.
B.
Any license subject to the provisions of Subsection A may be renewed as permitted by this article, notwithstanding the fact that said license is in conflict with any provision(s) adopted hereunder.
C.
Any business or individual owning a current license
to operate shall be deemed to have abandoned such license in the event
that the limousine service is not operated for a continuous period
of one year. In that event, the Borough Clerk shall notify the licensee
of the fact of the forfeiture of the license, and the licensee shall
have 20 days within which to appeal the notice of forfeiture to the
Mayor and Council.
[Added 7-27-2000 by Ord. No. 2000-33; amended 10-26-2006 by Ord. No. 2006-56]
Notification shall be sent to the owners of
all limousine licenses by the Borough Clerk by certified mail 30 days
prior to the expiration date of all limousine licenses. If no return
receipt is received or the license is not renewed within 15 days after
the expiration date, a second and final notice shall be sent notifying
the limousine company owner of the Borough's intention to deem abandoned
any and all licenses which have not been renewed within 30 days after
the expiration date.
