Borough of Kenilworth, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 1-26-1960 by Ord. No. 60-1. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 91.

§ 179-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes a firm, corpartnership, association and corporation and the singular or plural and the masculine, feminine or neuter, unless the contrary is clearly expressed.
TAXICAB
Includes any motor vehicle used for the business of carrying persons for hire but does not mean and include any motor vehicle licensed by the Public Utility Commission of the State of New Jersey to operate over a fixed or defined route.

§ 179-2 License for each taxicab required; operator's license; license for owner; fee.

[Amended 9-11-1979 by Ord. No. 79-19; 4-11-2012 by Ord. No. 2012-07]
A. 
License required for each vehicle. No person shall carry on the business of picking up passengers for hire in taxicabs in the Borough of Kenilworth without first obtaining a Borough of Kenilworth license for each vehicle to be used. Applications for a vehicle license shall be available from and submitted to the Kenilworth Borough Clerk accompanied by a fee for each vehicle in the amount of $50.
B. 
License required for taxicab operator. No person shall operate a taxicab licensed in the Borough of Kenilworth without first obtaining a taxicab operator's license.
(1) 
Applications for a taxicab operator's license.
(a) 
Each applicant for the issuance or renewal of any form of license shall supply, in full, the information requested on application forms adopted by the Borough Council and obtained from the Kenilworth Borough Clerk and shall verify the correctness thereof by oath or affirmation. Any submission of an application shall be accompanied by a fee of $75 for each operator.
(b) 
Applications for a taxicab operator's license shall include:
[1] 
Two identification photographs, size one inch by one inch, of the head and shoulders of the applicant.
[2] 
The applicant shall file the completed application with the Kenilworth Borough Clerk with a copy to the Kenilworth Police Department, together with the full amount of the proper fee hereinafter fixed.
(c) 
Applications for new taxicab operator's licenses shall be filed in accordance with preceding Subsection B(1)(b) no later than 30 days prior to the date action is requested on the license application from the Borough Council.
C. 
License required for taxicab business operations. No person who owns 10% or more of any business entity shall carry on the business of picking up passengers for hire in taxicabs in the Borough of Kenilworth without first obtaining a taxicab business operator's license.
(1) 
Applications for a taxicab business operation's license.
(a) 
Each applicant for the issuance or renewal of any form of license shall supply, in full, the information requested on application forms adopted by the Borough Council and obtained from the Kenilworth Borough Clerk and shall verify the correctness thereof by oath or affirmation. Any submission of an application shall be accompanied by a fee of $75 for each application.
(b) 
Applications for a taxicab business operation's license shall include:
[1] 
Two identification photographs, size one inch by one inch, of the head and shoulders of the applicant.
[2] 
The applicant shall file the completed application with the Kenilworth Borough Clerk with a copy to the Kenilworth Police Department, together with the full amount of the proper fee hereinafter fixed.
D. 
Applications for new taxicab operator's licenses and taxicab business operation's licenses shall be filed in accordance with preceding subsections no later than 30 days prior to the date action is requested on the license application from the Borough Council. If the maximum number of taxicab business operation's licenses has been issued, no new licenses shall be approved before an existing license is surrendered to the Kenilworth Borough Clerk.
E. 
At the time of filing an application for any license, the applicant shall be fingerprinted at a location and/or agency designated by the Kenilworth Police Department, and said fingerprints shall be submitted to the Bureau of Identification, New Jersey State Police, for a report of the applicant's criminal record, if any. Any and all costs of this process shall be borne by the applicant.
(1) 
An application shall be automatically denied in the event the applicant's criminal record reveals a conviction of any of the following:
(a) 
Aggravated assault;
(b) 
Arson;
(c) 
Burglary;
(d) 
Escape;
(e) 
Extortion;
(f) 
Homicide;
(g) 
Kidnapping;
(h) 
Robbery;
(i) 
Aggravated sexual assault;
(j) 
Sexual assault;
(k) 
Endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4;
(l) 
Crime pursuant to the provisions of N.J.S.A. 2C:39-3, 2C:39-4 or 2C:39-9; and
(m) 
Any crime other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2.
(2) 
If an applicant produces a certificate of rehabilitation, a conviction of the criminal offense stated in the preceding subsection shall not disqualify the applicant from operating or driving a taxicab. License holders who have received consent to operate in a municipality prior to the effective date of P.L. 2011, c. 135,[1] shall not be required to submit a criminal history record background check.
[1]
Editor's Note: See N.J.S.A. 48:16-2.1 et seq.
F. 
Applicants shall provide any other documentation and/or information required by Title 48, Public Utilities, Chapter 16, Taxicabs, Autocabs and Jitneys, of the Statutes of New Jersey or similar law, rule or regulation.
G. 
Insurance requirements. An applicant shall provide a copy of an insurance policy by an admitted insurance company. The policy must satisfy all claims for damages, by reason of bodily injury to, or death of, any person(s), or damages to property resulting from or on account of an accident by reason of ownership, operation, maintenance or use of such taxicab upon any public street. The policy must provide the greater of:
(1) 
Not less than $100,000 of motor vehicle liability insurance coverage; or
(2) 
The greater of the amounts required by N.J.S.A. 39:6B-1, maintenance of vehicle liability insurance coverage.

§ 179-3 Issuance and expiration of licenses.

[Amended 4-11-2012 by Ord. No. 2012-07]
A. 
Issuance and term of license. All licenses shall be issued by the Kenilworth Borough Clerk only after a report by the Kenilworth Chief of Police and approval of the Kenilworth Borough Council. Each license so issued shall be provided with a blank space upon which the record shall be made by the Kenilworth Police Department of any suspension or revocation thereof. All such licenses shall expire on the 31st of December next after the date of issuance.
B. 
Number of taxicab business operation's licenses. The total number of taxicab business operation's licenses under this chapter that may be issued and outstanding at any point shall not exceed 15. No person shall hold or control more than one taxicab business operation's license, nor shall more than one person living in the same dwelling hold a taxicab business operation's license.
(1) 
Notice of public bidding. In the event that the governing body determines one or more additional taxicab operation's licenses are available for issuance, a notice shall be published stating the number of new or additional authorized licenses. Said notice shall be published at least twice and at least one week apart. The second notice shall be published at least 30 days prior to the deadline of issuance. One of the said publications can be made by posting on the Borough's website for 10 or more days.
(2) 
Award of license. The Borough of Kenilworth shall issue the taxicab business operation's license via public auction or through supervision by the Kenilworth Borough Clerk to the highest qualified and responsive bidder.
(3) 
Reimbursement. The recipient of a taxicab business operation's license shall reimburse the Borough of Kenilworth for any costs incurred in complying with the public notice requirement. If there is more than one license issued, the cost shall be split equally among the licensees.
(4) 
Surrender of license. In the event that the total number of taxicab business operation's licenses are issued and outstanding, no new licenses may be issued until the surrender of an issued and outstanding license.
C. 
Number of taxicabs per taxicab business operation's license. The holder of a taxicab operation's license under this chapter shall be permitted to obtain a license for up to 15 individual taxicabs. The license issued for an individual taxicab is only for that specific taxicab and shall not be transferred to another taxicab.

§ 179-4 General regulations.

A. 
All taxicabs shall display on the body of the vehicle their taxi license's number along with each municipality that has issued a taxi license to that taxicab. The information shall be three inches in height. The taxi license number 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.
B. 
All taxicabs shall be kept clean and in good condition and shall prominently display a TAXI sign. Each vehicle in use shall have displayed in a conspicuous place in the interior thereof a card with the license number of the vehicle and the rates of transportation as established.

§ 179-5 Refusal to carry prohibited; exceptions.

No such licensee shall refuse to carry any orderly person applying for transportation who offers to pay the proper fare unless he is already engaged or otherwise unable to do so, but carriage may be refused unless the proper fare is paid in advance.

§ 179-6 Lost articles.

It shall be the duty of every driver or operator of any such vehicle to diligently search his vehicle upon the departure of any passenger for any property left therein and, if any article is found, to turn it over to the police at police headquarters with the name and address of the passenger so departing, if the same is known or obtainable. The Police Department must thereupon notify such person or advertise for the owner in the local newspaper if his identity or address is unknown.

§ 179-7 Compliance with statutory provisions required.

It shall be unlawful for the owner, lessee or bailee of any taxicab to operate or cause or permit such taxicab to be operated, and no license shall be issued hereunder, until and unless said owner, lessee or bailee shall have complied with the provisions of Chapter 16 of Title 48 of the Revised Statutes of the State of New Jersey, and the Acts amendatory thereof or supplemented thereto.

§ 179-8 Driver's license required; fee.

A. 
Every person driving a public taxicab or other vehicle operated for hire must carry a municipal driver's license issued by the Borough Clerk, but only after report by the Chief of Police and approval of the Borough Council.
B. 
An applicant for a driver's license must be not less than 18 years of age, of sound physique, with good eyesight, and not subject to epilepsy, vertigo, heart trouble or any other deformity of body or mind which might render him unfit for the safe operation of a public taxicab. He must be of good moral character, able to read and write the English language, clean in dress and person and not addicted to the use of intoxicating liquors, habit-forming narcotics or other drugs.
[Amended 9-11-1979 by Ord. No. 79-19]
C. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C, concerning license applications, as amended 9-11-1979 by Ord. No. 79-19, was repealed 4-11-2012 by Ord. No. 2012-07. See now § 179-2.
D. 
With each license there shall be delivered to the licensee a license card which shall contain a copy of the photograph of the licensee, the license number and the signature of the licensee. Said card shall be affixed to a conspicuous and indispensable part of the interior of the taxicab being operated by said licensee and shall not be defaced, removed, concealed, obliterated or altered in any way.

§ 179-9 Suspension of license.

Vehicle or driver's licenses required by this chapter may be suspended for cause by the Chief of Police on his own initiative or by direction of the Borough Council. In either case the licensee shall surrender his licenses and card to the Police Department. On request of the licensee, the Borough Council may review the case and raise the suspension or revoke the licenses concerned.

§ 179-10 Violations and penalties.

[Amended 9-11-1979 by Ord. No. 79-19]
Any person violating any provision of this chapter shall be punishable by a fine not exceeding $500 or by imprisonment not exceeding 90 days, or both, and each day during which a violation continues shall constitute a separate offense.

§ 179-11 Severability.

[Added 4-11-2012 by Ord. No. 2012-07]
Each section, subsection, sentence, clause and phrase of this chapter is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this chapter to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this chapter.

§ 179-12 Repealer.

[Added 4-11-2012 by Ord. No. 2012-07]
All Borough ordinances and parts of ordinances that are inconsistent with this chapter are hereby repealed.