[HISTORY: Adopted by the City Council of
the City of Hackensack 11-19-1979 as Ord. No. 43-79.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Automobile driving schools — See Ch. 56.
Licenses and permits — See Ch. 107.
Peddling and soliciting — See Ch. 121.
Truck and bus terminals — See Ch. 165.
Vehicles and traffic generally — See Ch. 170.
[1]
Editor's Note: This ordinance also repealed
former Ch. 155, Taxicabs, adopted 7-15-1946 as Ord. No. 321; amended
and revised 10-5-1959 (Ord. No. 717) as Ch. 8, Article XIII, of the
1959 Revised Ordinances, as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
The practice of driving about the city streets with a taxicab
so as to solicit passengers or to bring the presence of the taxicab
to the attention of prospective passengers. A taxicab driving along
the streets of the city for any purpose other than transporting a
passenger going to a definite destination by the most direct route
in response to a call for a taxicab by a prospective passenger, or
returning by the most direct route to the taxicab's home terminus
after discharging a passenger or going to or from the terminus to
the driver's home by the most direct route shall be prima facie evidence
of "cruising."
Any person who drives a taxicab within the city, whether
or not such person is also the owner thereof.
Consists of accepting one or more passengers for hire anywhere
within the city and transporting such passenger or passengers along
any city streets. The "operation of a taxicab" as above-described
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 the sign therein or thereon using the words "taxi," "taxicab,"
"cab" or "hack" shall be prima facie evidence of "operation."
Any person 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.
Any automobile or motor car, commonly called a "taxi," "cab"
or "hack," 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 city streets and which accepts
passengers in the city for transportation from points or places to
points or places within or without the city. Nothing herein contained
shall include or apply to "autobus" as defined in N.J.S.A. 48:16-23.
There are hereby established two classes of
taxicab licenses to be known as "taxicab owner's license" and "taxicab
driver's license," respectively.
A.
Taxi owner's license.
(1)
No person shall transport any passenger for hire in any public taxicab, cab, hack, automobile or other motor vehicle unless said vehicle is licensed in accordance with the provisions of this chapter and Chapter 107, Licenses and Permits. The license required by this subsection shall be known as a "taxi owner's license."
(2)
The total number of taxi owner's licenses that may
be issued and outstanding at any time pursuant to and in conformity
with this chapter is hereby fixed at 25. Unless and until the number
of existing taxi owners' licenses is reduced to less than 25, no new
taxi owners' licenses shall be issued.
B.
Taxi driver's license. No person shall transport any passenger for hire in any taxicab, cab, hack, automobile or other motor vehicle or drive or operate any such vehicle designed for the transportation of passengers for hire unless such person shall have secured a license for said purpose pursuant to the provisions of this chapter and of Chapter 107, Licenses and Permits. The license required by this subsection shall be known as a "taxi driver's license."
A.
Taxi owner's license. In addition to the information specified in § 107-6B and C of Chapter 107, each application for a taxi owner's license shall state the following:
(1)
The character and description of the vehicle proposed
to be licensed, including the make, model, year, engine serial number,
color, state registration number, number of doors of said vehicle
and the number of persons said vehicle can carry as passengers.
(2)
The correct name, residence and business address of
the owner thereof.
B.
Taxi driver's license. The information and requirements specified in § 107-6B, C and D of Chapter 107 shall be complied with by each application for a taxi driver's license, and in addition, each application shall state any record of traffic violations over the preceding five years and be accompanied by a certificate of a physician stating that he has examined the applicant within 60 days and has found the applicant to be physically fit for the safe operation of a taxicab.
C.
An applicant for a taxicab license is required to
have a business office located within the City of Hackensack.
[Added 7-7-1986 by Ord. No. 21-86]
A.
Each application for a taxi owner's license shall
be accompanied by a policy of insurance, with the premium prepaid
thereon, written by an insurance company duly licensed to transact
business under the insurance laws of the state, which has been submitted
to the Police Department and approved by the City Attorney as to form
and sufficiency.
B.
Such policy shall be conditioned for payment of a
sum of not less than $100,000 to satisfy all claims for damages by
reason of bodily injury to or the death of any one person; and a sum
of not less than $300,000 to satisfy all claims for damage by reason
of bodily injury to or the death of all persons resulting from accident
by reason of the ownership, operation, maintenance or use of the vehicle
to be licensed; and a sum of not less than $1,000 to satisfy all claims
for damages to property of any one person resulting from such accident;
and a sum of not less than $5,000 to satisfy all claims for damages
to property of all persons on account of any such accident by reason
of the ownership, operation, maintenance or use of such vehicle.
C.
Such policy shall provide for the payment of any final
judgment recovered by any person on account of the ownership, operation,
maintenance or use of the vehicle or any fault in respect thereto
and shall be for the benefit of any person suffering loss, damage
or injury as aforesaid.
D.
Upon the filing of the required insurance policies
properly approved, the city shall issue a certificate in triplicate
showing that the owner of the automobile cab, public hack, taxi, auto
or other motor vehicle has complied with all of the terms and provisions
of this chapter and N.J.S.A. 48:16-1, 48:16-2, 48:16-3, 48:16-5 and
48:16-6, as amended and supplemented. Such certificate shall recite
the name of the insurance company, the number and date of the expiration
of the policy, a description of the particular auto cab, public hack,
taxi, automobile or other motor vehicle insured thereunder and the
registration number of the same. The duplicate certification shall
be filed with the Department of Motor Vehicles before any such car
is so licensed. The original certificate shall be posted in a conspicuous
place within the auto cab, public hack, taxi, automobile or other
motor vehicle. In all subsequent renewals thereof, it shall suffice
for the applicant merely to certify under oath that all substantial
and material changes, if any, are as set forth in the original application.
[Added 7-7-1986 by Ord. No. 21-86]
Each application for a taxi owner's license shall be accompanied by a duly executed and acknowledged power of attorney wherein and whereby the applicant shall appoint the City Treasurer as his true and lawful attorney for the purpose of acknowledging service of any process of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed in accordance with § 155-5 above.
The processing of taxi license applications
shall be charged to the Chief of Police. The applicant shall be fingerprinted
by the Police Department and shall file with his application two recent
photographs of himself, of a size that could be attached to his license.
One of the photographs shall be filed with the application in the
Police Department's Bureau of Criminal Identification. The applicant
will be investigated as to his character and reputation, and if said
applicant is denied a license, he will forfeit the fee for the application.
A.
Taxi owner's license.
(1)
Taxi owners' licenses shall be issued upon the payment
of the appropriate fee.
(2)
No taxi owner's license shall be issued until the
vehicle proposed to be licensed shall have been inspected and approved
in writing by the Chief of Police.
(3)
No taxi owner's license shall be issued for any vehicle
with less than three doors, at least two of which doors shall be for
the exclusive use of passengers.
(4)
The correct name, business address and taxi license
number issued by the Chief of Police shall be displayed on both sides
of the taxicab in letters no smaller than three inches nor more than
six inches in height.
B.
Taxi driver's license.
(1)
Taxi drivers' licenses shall be issued upon the payment
of the appropriate fee.
(2)
Each applicant for taxicab driver licenses shall:
[Amended 7-7-1986 by Ord. No. 21-86]
(a)
Be at least 18 years of age.
(b)
Be of sound physique with good eyesight and
not subject to epilepsy, vertigo, heart trouble or any other infirmity
of body or mind which might render him unfit for the safe operation
of a taxicab.
(c)
Be able to read and write the English language.
(d)
Furnish satisfactory evidence that he has been
the holder for at least one year immediately prior to the date of
application of a valid New Jersey automobile driver's license.
(e)
Be clean in dress and person and not addicted
to the use of intoxicating liquors or drugs.
(f)
Be of good character.
(g)
Be a citizen of the United States.
(h)
Have been a resident of the State of New Jersey
for at least one year.
(i)
Affirm that he or she has never been convicted
in any state of a high misdemeanor or a violation of this chapter
or any prior ordinance of the city relating to taxicabs.
A.
Taxi owner's license card.
(1)
Taxi owners' license cards shall be issued in duplicate and shall recite that the owner of the taxicab or other vehicle licensed has complied with all of the terms and provisions of this chapter and of N.J.S.A. 48:16-1 to 16-6, inclusive, together with amendments and supplements thereto. There shall also be stated thereon the name of the insurance company and the number and date of expiration of the policy required to be filed in connection with the application for said license under § 155-5 of this chapter. There shall also appear on the license cards a description of the vehicle licensed, giving the make, year, engine number and state registration number of the same.
(2)
The duplicate taxi owner's license card shall be filed
with the Division of Motor Vehicles of the Department of Law and Safety
of the State of New Jersey.
(3)
The original taxi owner's license card shall be posted
and displayed at all times in a conspicuous place within the vehicle
licensed.
B.
Taxi driver's license card.
(1)
Taxi driver's license cards shall contain on the face
thereof a small photograph of the licensee, and the other photograph
filed with the application shall be retained by the Police Department
as part of the application records.
(2)
The taxi driver's license card shall be posted and
displayed at all times in a conspicuous place within the vehicle operated
by the licensee.
In addition to the grounds set forth in Article VII of Chapter 107, Licenses and Permits, the City Manager shall revoke any taxi owner's license upon a determination that there is not in full force and effect the insurance policy in the collectible amounts as specified in § 155-5 of this chapter. Any such suspension shall be noted on the license, together with statements of the reason therefor, and the driver shall be deprived of his license by the Police Chief suspending or revoking such license. Said license shall be reviewed for reinstatement at the expiration of the period for which the license was issued.
A.
The City Council may by resolution make such general
rules and regulations and such special rulings and findings as may
be necessary for the proper regulation and control of the operation
of taxicabs in the City of Hackensack and enforcement of this chapter.
In addition thereto and not inconsistent therewith, the City Council
may alter, amend, repeal and publish the same.
B.
Owners and drivers of taxicabs licensed outside the
jurisdiction of the City of Hackensack are allowed to enter their
taxicabs within the city, but on specific call only to either transport
a passenger within the city limits or discharge a passenger from a
point outside the city limits to a destination within the city limits.
The name of the passenger calling shall be given by the owner or driver
when requested by the city police or other authorized persons. Owners
and drivers of taxicabs licensed outside the jurisdiction of this
city shall not be parked in this city, nor shall the owners and drivers
thereof cruise on the streets of this city at any time for the purpose
of soliciting passengers, nor shall they in the nighttime or other
periods of darkness, when in this city, permit any advertising lights
on the taxicabs to remain unlighted.
[Added 7-7-1986 by Ord. No. 21-86]
C.
The above provisions shall apply only if the same
or similar reciprocal rights are granted to owners and drivers of
taxicabs licensed in this city by the municipalities in which the
aforesaid owners or drivers are licensed.
[Added 7-7-1986 by Ord. No. 21-86]
No licensee under this chapter shall transport
or allow to be transported for hire any passenger in any vehicle unless
there is displayed in said vehicle in a conspicuous place at all times
a printed card showing the fare rates set forth in the approved license
application in letters and figures of not less than 1/2 inch in height,
which card shall also bear the state registration number of such vehicle
and the number of the license issued hereunder for such vehicle and
also the name of the owner thereof.
A.
The City Manager may refuse to issue or renew or may
revoke or suspend any license issued hereunder if the applicant or
licensee or his agent or employee:
(1)
Fails to qualify or violates any of the provisions
of this chapter or the regulations and rules adopted by the City Council
relative to the use and regulation of taxicabs.
(2)
Has been convicted of a crime in this or any other
jurisdiction.
(3)
Failed or fails to render reasonable, prompt, safe
or adequate taxicab service.
(4)
Shall discontinue operation of any taxicab for a period
of 60 days unless an extension is granted by the City Manager and
approved by the City Council.
B.
No license issued hereunder shall be revoked or suspended
unless the City Manager shall hold a hearing concerning such revocation
or suspension, which hearing may be held upon five days' notice to
the applicant.
C.
Hearing before the City Manager.
(1)
At the hearing before the City Manager as provided under § 155-14B, the applicant or licensee may be present in person or represented by counsel.
(2)
The testimony of the hearing shall be recorded and
transcribed.
(3)
Upon being satisfied that the applicant or licensee
is guilty of the violations charged, the City Manager may suspend
or revoke the license granted, and in the case of such suspension
or revocation of such license, the applicant or licensee shall not
be entitled to the return of any portion of the license fee paid to
the city.
(4)
An applicant or licensee may appeal to the City Council
from an adverse decision of the City Manager. The applicant or licensee
appearing shall pay for and serve upon the City Clerk seven copies
of the transcribed record of the hearing before the City Manager and
shall submit seven copies of a memorandum of his grounds of appeal.
D.
Should the license be inactive for more than 90 days,
as defined in this chapter, it cannot be sold or transferred. The
license shall automatically revert back to the city.
[Added 7-7-1986 by Ord. No. 21-86]
Every taxicab shall have conspicuously located
on the exterior thereof the word "taxi" or "cab" or "taxicab," which
shall be illuminated during darkness.
[Amended 8-18-1980 by Ord. No. 18-80]
A.
Upon application to the Mayor and Council by any licensed
taxicab company for a fare increase or adjustment, the City Clerk
shall set a date for public hearing on said application.
B.
The City Clerk shall give notice of said public hearing
at least 10 days prior to the same.
C.
At said public hearing the applicant for any fare
increase or adjustment shall present all necessary information in
support of said application. The Mayor and Council shall, at its discretion,
request any additional information which the applicant shall supply.
Any affected or interested parties, including members of the public,
shall be permitted to make presentations at the public hearing.
D.
Based upon the record before it, the Mayor and Council
shall, within 30 days of the conclusion of the public hearing, issue
its determination on said application by amendment to this chapter,
if necessary.
E.
All fares shall be displayed on the outside of each
licensed taxicab in letters not less than two inches high on both
the right and left door.
F.
Any violation of the provisions for rates of fare,
or any attempt to charge a greater rate than fixed by this chapter
or any amendment thereto, shall render the offender liable to revocation
of its taxicab license.
G.
Nothing contained in this section or any provision
of this chapter shall prevent a taxicab owner from entering into an
agreement with any person to transport any individual or group on
a regular basis at a special rate which may differ from the rates
set in this chapter.
H.
The following shall be the taxicab rates of fare for
taxicabs operating in the City of Hackensack:
[Amended 1-7-1985 by Ord. No. 32-84; 3-20-1989 by Ord. No.
4-89; 9-17-1990 by Ord. No. 33-90; 9-18-1995 by Ord. No. 16-95; 10-15-2001 by Ord. No. 7-2001]
(1)
For the first 4/9 of a mile: $2.25.
(2)
For each additional 1/9 of a mile: $0.30.
(3)
For waiting time: $20 per hour.
(4)
Any taxicab company may offer a voluntary discount
to any senior citizen of the age of 65 or over in an amount to be
determined by said company. In order to have the benefit of such discount,
any senior citizen must show an appropriate senior discount card issued
by Bergen County or some other appropriate means of identification.
I.
No other charges or fees shall be permitted to be
imposed by any taxicab company for any services rendered by it.
J.
Said schedule shall not apply to any trips commencing
in the City of Hackensack and terminating outside the City of Hackensack.
A.
No licensee under this chapter shall operate or cause
to be operated any vehicle which is not at all times clean and in
good repair.
B.
In need of repair shall include, but is not limited
to, the following:
(1)
That the glass (windows and/or windshield) is cracked,
chipped or scratched or that the glass in the mirrors is cracked.
(2)
That the horn does not function properly so as to
produce a sound audible for 200 feet.
(3)
That the emergency brake does not hold the vehicle
when parked on a grade.
(4)
That the foot brake does not hold the vehicle when
parked on a grade and that it does not have a sufficient reserve pedal.
(5)
That the headlights, taillights, stop lights and directional
lights do not turn on and off when operated by the controls in the
vehicle or are otherwise broken or defective.
(6)
That the windshield wipers do not rotate back and
forth with sufficient pressure when turned on and do not stop when
turned off by the controls in the vehicle.
(7)
That the tires have damage, ply separation, breaks
or cuts and do not have at least two thirty-seconds (2/32) inch of
tire tread.
(8)
That the defroster does not function properly so as
to produce a temperature in excess of 50° F.
A.
No licensee under this chapter shall transport or
allow to be transported for hire any passenger in any vehicle unless
there is installed and at all times in good working condition in said
vehicle a taximeter or the equivalent thereof, of standard make, by
which the fare or charge for hire of said vehicle is mechanically
and accurately calculated and registered and on which taximeter said
charge is plainly indicated, the meter being installed in such a place
in the vehicle that the charge indicated thereon may be plainly seen
by all passengers.
B.
No meter shall be used or permitted to be used which
is in such a condition as to be over 5% inaccurate to the prejudice
of any passenger.
C.
Said meter shall be illuminated after sundown by a
suitable light so arranged as to throw a continuous steady light thereon
while in operation and carrying passengers so that the meter may be
clearly discernible and read by a passenger in the rear seat.
D.
Said meter shall be sealed, and a colored sticker,
different in color at each inspection, shall be placed on the taximeter
after each inspection. No person shall use or permit to be used any
vehicle equipped with a meter, the case of which is unsealed or upon
which the seal is broken.
E.
All taximeters as set forth in this section shall
be under the jurisdiction and control of the Police Department of
the City of Hackensack.
Immediately after the termination of any hiring
or employment, every driver of a taxicab must carefully search such
taxicab for any property lost or left therein, and any such property
discovered must be reported in writing to the Police Department with
brief particulars and descriptions of such property within 24 hours
after the finding thereof, unless sooner claimed or delivered to the
owner.
A.
No person other than the licensed taxi driver and
one passenger of the vehicle shall ride or sit in the compartment
of said vehicle reserved for the driver.
B.
No licensee under this chapter shall refuse to carry
or transport any orderly person upon the payment of the applicable
rate of fare unless the vehicle is then engaged by another person.
[Amended 7-7-1986 by Ord. No. 21-86]
A.
There are hereby established public hack stands at
such locations as may be designated by the City Manager. The City
Manager may designate the character of vehicles which may stand at
any such public hack stand and may exclude all other vehicles from
such stand. The location and capacity of any such public hack stand
shall be indicated by a sign as follows: "Public hack stand. Capacity
........" No vehicle, other than one licensed under this chapter and
prepared to accept passengers upon request, shall stand at any such
public hack stand.
B.
No licensee under this chapter, or other person interested
in or connected with any vehicle licensed hereunder, shall solicit
customers in a noisy or offensive manner or in any manner whatsoever
in any place other than a public hack stand.
C.
No licensee under this chapter shall permit any licensed
vehicle, when disengaged, to stand in any public street or place other
than at a public hack stand; provided, however, that nothing herein
shall prevent a driver from waiting for a passenger in front of any
building or place.
D.
No vehicle, other than one licensed under this chapter
and prepared to accept passengers at request, shall stand at any public
hack stand.
A.
No owner or driver of any such taxicab shall induce
any person to employ him by knowingly misinforming or misleading any
such person, either as to time or place of the arrival or departure
of any train, or other regularly scheduled mode of transportation,
or as to the location of any hotel, public place or private residence
within the city; nor shall any such owner or driver deceive any person
or make false representation to him or convey any passenger to any
other place or over any street other than that to which the passenger
may have instructed the driver to go.
B.
No person shall cruise on the city streets with any
taxicab for the purpose of soliciting passengers.
The owner of each taxicab so licensed shall
keep or cause to be kept a written daily record of each trip made
by said taxicab showing the date, time and place the cab was engaged,
the place and time of discharge of the passengers, the number of passengers
carried, the fare received, the distance carried, a statement of receipts
and expenditures and the taxicab driver's license number of the person
driving the cab on the trip. Such records shall be subject to inspection
by the Police Department of the City of Hackensack or the City Council
at its discretion. There shall also be reported to the City Clerk
and to the Chief of Police the happening of an accident involving
such taxicab or the loss of property left in the taxicab by a passenger
within 24 hours after such event.
The owner and operator of each taxicab operating
in the City of Hackensack shall keep his taxicab in good running order
so that it makes a presentable appearance and affords comfortable,
safe rides to passengers, free from mechanical defects, loose fenders,
dents, loose doors, broken or soiled upholstery and broken or cracked
glass. The owner and operator of each taxicab operating in the City
of Hackensack shall present his taxicab to the Chief of Police or
other designated officers so that it may be inspected to determine
whether it complies with the provisions of this chapter.
The operator of each taxicab shall at all times
have available a suitable cash receipt book to write out, sign and
give to any passenger requesting the same a written receipt in the
amount of the fare paid.
Nothing contained in this chapter shall exempt
any person owning or operating a taxicab from complying with the laws
relating to the ownership, regulation and operation of automobiles
in this state.
A.
Any person violating any provisions of this chapter
shall, upon conviction in the Magistrate's Court of the City of Hackensack,
be punished for each offense by a fine not to exceed $500 or by imprisonment
for any term not exceeding 90 days in the county jail or in any place
provided by the city for the retention of prisoners, or both.
B.
Any corporation violating any provision of this chapter
shall, upon conviction thereof, pay a fine of not more than $500,
which may be recovered in an action of debt.
C.
Any person who aids, assists or abets in the violation
of any of the provisions of this chapter shall be subject to the penalties
herein provided for.
The conviction of a licensee for a violation
hereunder shall not prevent the city from taking action to suspend
or revoke the license of the person so convicted as herein provided.
A.
Should any section or provision of this chapter be
held invalid in any proceedings, the same shall not affect any other
section or provision of this chapter except insofar as the section
or provision so held invalid shall be inseparable for the remainder
of any such section or provision.
B.
All ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
C.
This chapter shall take effect after final passage
and publication in accordance with law.
