Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
A. 
Owner's license required. No person shall operate, or permit to be operated, a taxicab within the Township limits without first obtaining a license therefor from the Township.
B. 
Application; fee.
(1) 
Application. An application for a taxicab owner's license shall be made by the owner, lessee or bailee of the vehicle upon forms furnished by the Township Clerk and shall be so sworn to and filed with the Clerk.
(2) 
Contents. The applicant shall state:
(a) 
The name and address of the applicant.
(b) 
The name and address of the business from which the applicant intends to operate such taxicab.
(c) 
The length of time the applicant has resided in Union County.
(d) 
The place of birth of the applicant.
(e) 
The name and address of the employer of the applicant.
(f) 
Whether the applicant was ever convicted of a crime and, if so, the date and place of conviction and nature of offense.
(g) 
Whether the applicant was ever previously licensed to operate a taxi and, if so, where.
(h) 
Whether any license of the applicant to operate a taxi has ever been refused or revoked and, if so, the date, by whom and the cause.
(i) 
A description of the vehicle, with serial and engine numbers, the state registration number and the length of time it has been in use.
(j) 
The ownership of the vehicle and the interest of the applicant therein.
(k) 
The number of persons the vehicle is capable of carrying.
(l) 
A complete schedule of rates.
(m) 
Such other information as may be required by the Business Administrator relevant to the purposes for which the license is granted. If the applicant is a partnership or corporation, the information required by Subsection B(2)(a) through (h) shall be furnished for each partner or each officer and director and such stockholder owning or having a beneficial interest in 10% or more of the corporate stock.
(3) 
Fees. A fee of $500 for a taxicab license shall be paid to the Township Clerk upon the filing of each application.
C. 
Inspection of taxicabs. The Business Administrator shall cause a thorough and careful inspection of each taxicab to be made to determine whether each vehicle is of good appearance, well painted and in a clean and sanitary condition and in a safe condition for the transportation of passengers.
D. 
Approval; issuance; renewal.
(1) 
Approval. If the Business Administrator finds that the applicant is fit, willing and able to provide such public transportation and to conform to the provisions of this chapter and each vehicle conforms to the requirements of § 325-4, he/she shall approve the issuance of a taxicab license.
(2) 
Issuance. The Township Clerk shall then issue, under the Seal of the Township, a license stating the name and address of the licensee, a description of the vehicle, the date of issuance and such other information as may be appropriate.
(3) 
Renewal. Licenses shall be first issued to those applicants holding a current taxicab owner's license who have filed for a renewal thereof prior to March 1 of each year.
E. 
Expiration; transfers.
(1) 
Expiration date. All taxicab owners' licenses shall expire on March 31 of each year.
(2) 
License transfer. Any taxicab owner's license issued hereunder may be transferred to another person or another vehicle upon compliance with this chapter and approval by the Business Administrator of an application therefor and the payment of a fee of $10 to the Township Clerk. The Township Clerk shall thereupon cancel the license and issue a replacement in accordance with such application.
F. 
Insurance required. No taxicab owner's license shall be issued until the applicant for a taxicab license shall have first filed with the Township Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of New Jersey, conditioned for the payment of a sum not less than:
(1) 
Two hundred fifty thousand dollars to satisfy all claims for damages by reason of bodily injury to or death of any one person resulting from an accident, and a sum not less than $1,000,000 to satisfy all claims for damages by reason of bodily injuries to or death of all persons on account of any such accident by reason of the ownership, operation, maintenance or use of such taxicab upon any public street.
(2) 
Fifty thousand dollars to satisfy all claims for damages to property of any person or persons resulting from an accident on account of such accident by reason of the ownership, operation, maintenance or use of such taxicab upon any public street.
(3) 
The taxicab owner's license and operation thereunder shall be effective only so long as the insurance policy required by this subsection shall remain in full force to the full and collectible amounts as required by this subsection.
G. 
Power of attorney required. No taxicab owner's license shall be issued until there has been executed and delivered to the Township Clerk, concurrently with the filing of the policy of insurance referred to in Subsection F, a power of attorney, wherein and whereby the owner of a vehicle to be licensed shall nominate, constitute and appoint the Township Clerk as his/her true and lawful attorney for the purpose of acknowledging service of any process out of any court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed.
A. 
Permit required. No person shall operate, or permit to be operated, any taxicab upon the streets of the Township by any person not the holder of a valid taxicab driver's permit issued pursuant to this section.
B. 
Driver requirements. Each applicant for a driver's license under the terms of this chapter must conform to the following requirements and continue to abide by these requirements subsequent to licensing approval:
(1) 
Be of the age of 21 years or older and shall not have been convicted of any crime and/or disorderly person offense involving moral turpitude, including, but not limited to, conviction for possession and/or distribution of pornography, all elements included under the New Jersey statute prohibiting prostitution, sexual offenses or physical violence against persons or property and conviction under Title 24 of the New Jersey Statutes,[1] pertaining to narcotics and dangerous drugs, within 10 years next preceding the date of application for license, unless the Director of Public Safety, for good cause shown and established at a hearing held for that purpose, shall waive any disqualification based on such conviction. In addition, no applicant shall have a record of motor vehicle operation which contains any convictions within three years of the application for reckless driving, driving while intoxicated or under the influence of drugs, or leaving the scene of an accident. In the event of a conviction for any such violation, the licensee shall be subject to a hearing leading to suspension or revocation.
[1]
Editor's Note: See N.J.S.A. 24:1-1 et seq.
(2) 
Be able to read and write the English language.
(3) 
Be clean in dress and person and not addicted to the use of narcotics or intoxicating liquors.
(4) 
Be familiar with the geography of the Township.
C. 
Application. Application for a taxicab driver's permit shall be made upon forms furnished by the Township Clerk by any person who has been a licensed driver for at least three years. The application shall state:
(1) 
The name and address of the applicant.
(2) 
The date and place of the applicant's birth.
(3) 
The number of his/her New Jersey state driver's license and whether his/her driving privileges have ever been suspended or revoked in this or any other state and, if so, the state, the date and all reasons therefor.
(4) 
The name of his/her employer, if any.
(5) 
The number of years the applicant has had experience as a taxicab driver, for whom and the length of time employed as such driver.
(6) 
The record of convictions of the applicant of any crimes or disorderly person statutes or ordinances or violations of this chapter.
D. 
Photographs; medical certificate. The application shall be accompanied by:
(1) 
Two recent photographs of the applicant of the size of 2 1/2 inches by 2 1/2 inches.
(2) 
Present the certificate of a reputable physician showing that he/she has been examined within 60 days and that he/she is 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/her unfit for the safe operation of a taxicab. The Business Administrator, whenever it shall appear to him/her on the basis of his/her personal observation or on the basis of reports made to him/her upon observation and investigation, followed by an interview by the Business Administrator, that good cause exists to believe that the licensee is suffering from any infirmity above mentioned to an extent which would affect the safety of the licensee or of the public with whom he/she may come into contact in the course of performing his/her licensed activities, may, at any time after a driver's permit has been issued, require the holder of the permit to submit to a physical or psychiatric examination to be conducted by a physician or psychiatrist designated by the Township, at the Township expense. If the licensee shall fail to submit to an examination ordered by the Business Administrator after receiving reasonable notice containing a clear statement of the reasons therefor, or if the examination shall result in a determination that the licensee is unfit to conduct the licensed activities without endangering himself/herself or the public, the Business Administrator shall issue to him/her a notice of suspension containing a clear statement of the reasons therefor, which shall be effective immediately upon receipt by the licensee, which may be accomplished by delivering a copy thereof to him/her personally or by delivering a copy thereof to his/her business address. Upon receipt of a notice of suspension, the licensee shall be entitled to demand a hearing at any time thereafter to dispute or rebut the findings of the Business Administrator, at which time he/she may submit the report or the testimony of any physician or other expert or lay witness to rebut or dispute the basis of the Business Administrator's findings. Unless the Business Administrator shall determine in favor of the licensee without the need for a hearing, a preliminary hearing shall be convened no later than five days after receipt of the request therefor.
E. 
Fee. A fee of $250 shall be paid to the Township Clerk annually upon the filing of each application.
F. 
Investigation. The Police Department shall conduct an investigation of each applicant for a taxicab driver's permit. A report of such investigation, including a copy of the traffic and police record of the applicant, if any, shall be forwarded to the Business Administrator.
G. 
Approval; issuance.
(1) 
If the Business Administrator finds that the applicant has had at least three years' experience of motor vehicle driving and is fit, willing and able to be a taxicab driver within the Township and to conform to the provisions of this chapter, and that the public convenience and necessity so requires, he/she shall approve the issuance of a taxicab driver's permit.
(2) 
The Township Clerk shall then issue, under the Seal of the Township, a taxicab driver's permit stating such information as may be appropriate.
H. 
Expiration. All taxicab drivers' permits shall expire on March 31 of each year.
A. 
Grounds for suspension and revocation enumerated. Any license or permit issued pursuant to this chapter may be suspended or revoked by the Business Administrator, after due notice and hearing, if:
(1) 
The holder thereof has violated any of the provisions of this chapter;
(2) 
The holder thereof has violated any ordinances of the Township or the laws of the United States or of this state, the violation of which reflects unfavorably on the fitness of the holder;
(3) 
The holder thereof has performed any act which would be a basis for a denial of the application;
(4) 
The holder has made any false statements in any license or permit application or in any record or certificate that he/she is required to file or maintain; or
(5) 
The licensed taxicab is unfit, unsafe, unsanitary or unsuited for public patronage.
B. 
Hearings. All hearings required by this chapter shall be conducted by the Business Administrator or his/her designee.
C. 
Appeals. Any person aggrieved by any decision of the Business Administrator may appeal such decision, in writing, to the Township Council within 15 days of the date of such decision.