[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.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes a firm, copartnership, association and corporation
and the singular or plural and the masculine, feminine or neuter,
unless the contrary is clearly expressed.
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 Board of Public Utilities of the State of New Jersey to operate
over a fixed or defined route.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[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 set forth in Chapter 91, Fees and Licenses.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 in the amount set forth in Chapter 91, Fees and Licenses, for each operator.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 herein fixed.
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 in the amount set forth in Chapter 91, Fees and Licenses, for each application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 herein 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:
[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.
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.
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.
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.
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.
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]
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.
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.
[Amended 9-11-1979 by Ord. No. 79-19; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Any person, firm or corporation who or which violates any provision of this chapter shall, upon conviction, be subject to the general penalty set forth in Chapter 1, Article I, General Penalty, of the Borough of Kenilworth Code; and each day during which a violation continues shall constitute a separate offense.
[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.
[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.
