The Division of Taxi and Limousine Licensing is hereby created. The Division Head of this division shall be designated by the Director of Department of Transportation and Parking Utility of the City of Hoboken to serve at a commensurate salary. The Division Head of the Division of Taxi and Limousine Licensing shall be responsible for the enforcement of this section and Chapter 180A of the ordinances of the City of Hoboken pertaining to taxi and limousine service.
As used in this chapter, the following terms shall have the
meanings indicated:
The driving of a taxicab on the streets, alleys or public
places of the City of Hoboken in search of or soliciting prospective
passengers for hire.
A sticker issued by the City of Hoboken evidencing licensing
of a "for-hire" vehicle.
The Department of Transportation and Parking Utility.
The Director of the Department of Transportation and Parking
Utility.
A person who has a physical or mental impairment that substantially
limits a major life activity (e.g., caring for oneself, walking, seeing,
hearing, speaking, etc.); a person who has a record of such impairment;
or, a person who is regarded as having such impairment. Disabled person
shall also mean a person with a physical impairment which confines
a person to a wheelchair, causes a person to walk with difficulty
or insecurity, affects sight or hearing to the extent that a person
functioning in public areas is insecure or exposed to danger, causes
impaired coordination or reduces mobility, flexibility, coordination
or perceptiveness.
The individual designated by the Director of Hoboken's
Department of Transportation and Parking Utility of the City of Hoboken
to act as the authority for the Division of Taxi and Limousine Licensing.
A Division of the Department of Transportation and Parking
Utility of the City of Hoboken which licenses taxicabs and liveries
and enforces the rules and regulations of taxicabs and liveries within
the City boundaries.
As a factory installed alternative fuel vehicle, which can
either be a combination of gasoline with electric, ethanol fuel, hydrogen,
electric, LPG or LNG. A diesel engine shall not be deemed as a "green"
taxi. Any "green" taxi as a vehicle will be required to score eight
or higher in the Air Pollution Score as measured by the Federal Environmental
Protection Agency and the vehicle that attains city MPG of 25 miles
per gallon or more in Fuel Economy as published annually by the EPA
and DOE and listed online at www.fueleconomy.gov and meets safety
requirements to make it fit for use as a taxi. The City reserves the
right to set the safety requirements.
A taxicab which meets the federal ADA standards for wheelchair
accessibility, including 49 CFR 37 and accompanying F.R. Vol. 76,
No. 191 of September 19, 2011 (or as hereafter supplemented). Only
vehicles meeting this definition shall be entitled to carry wheelchair-bound
patrons.
[Added 4-2-2014 by Ord.
No. Z-289]
A specialized City of Hoboken taxicab license which shall
be subject to all the benefits and obligations of a City of Hoboken
taxicab license found within this chapter, except where the benefits
and obligations of the handicapped accessible taxicab license are
herein described as divergent from that of a general City of Hoboken
taxicab license.
[Added 4-2-2014 by Ord.
No. Z-289]
The person or persons empowered or designated by the Department
of Transportation and Parking Utility to perform inspections pursuant
to this chapter.
A card issued by the City for display in each taxicab which
contains the rate in force.
A guide dog, signal dog or any other animal trained specifically
to work for or to perform tasks for an individual with a disability,
including, but not limited to, guiding individuals with visual impairments,
alerting individuals with hearing impairments, providing minimal protection
or rescue work, pulling a wheelchair or retrieving dropped items.
A person in charge of queuing taxicabs and waiting patrons,
and otherwise maintaining order at a taxi stand.
A motor vehicle regularly engaged in the business of carrying
passengers for hire, having a seating capacity of four persons and
not operated on a fixed route.
An official document of the City of Hoboken which permits
the holder to operate a taxicab for hire within the City limits, subject
to the restrictions found in the Division of Taxi and Limousine's
Rules and Regulations, the Hoboken City Code, and state and federal
laws.
An individual, partnership or corporation to whom a taxicab
license has been issued by the City of Hoboken.
The official document of the City of Hoboken, conferred by
the City Council, which grants the individual nontransferable permission
to drive a taxicab upon the streets of the City. This term shall not
be construed to mean a driver's license issued by the State of
New Jersey Motor Vehicle Commission. When used throughout this chapter,
the term "operator's license" shall mean the definition as stated
herein. The term "driver's license" shall mean a driver's
license issued by the State of New Jersey Motor Vehicle Commission.
An individual to whom a taxicab operator's license has
been issued by the City of Hoboken.
A place alongside the curb of a street or elsewhere in the
City reserved exclusively for use by taxicabs and distinctly marked
by a metal sign or stanchion, or by painted markings on the surface
of the streets or curbs.
To sell or in any other manner relinquish control of the
taxicab license by the license holder or its majority shareholder(s),
in cases where the license holder is a corporate entity. In cases
of corporate license holders, the Division Head shall, in his or her
discretion, determine whether a change of control has occurred, subject
to the approval of the Director of the Department of Transportation
and Parking Utility.
A daily record prepared by a taxicab driver of all trips
made by the driver, showing time and place of origin, destination,
number of passengers and the amount of fare of each trip. The trip
sheet shall also contain the driver's name, and the time he or
she reported on and off duty.
The time when a taxicab is not in motion following the time
of acceptance of a passenger or passengers until the time of discharge,
when that time not in motion is the result of the actions or request
of the passenger or passengers.
A.
No person shall operate, or cause to be operated, any vehicle for
hire without first having obtained a taxi license and taxi operator's
license from the City of Hoboken.
B.
No person who owns or controls a taxicab or taxi license shall permit
the taxicab to be driven, unless the driver of the taxicab shall have
first obtained and is currently a holder of a valid taxicab operator's
license issued by the City of Hoboken under the provisions of this
chapter.
C.
Number and types of taxicab licenses.
[Amended 4-2-2014 by Ord. No. Z-289]
(1)
The number of outstanding taxi licenses shall be limited to a total
of 70 taxicabs, of which five shall be handicapped accessible taxicab
licenses.
(2)
Each year, commencing on January 1, 2009, the fleet of taxicab licenses
in the City of Hoboken shall be modified to require that 20% of the
then existing taxicab fleet shall be "green" taxicabs. Each licensee
shall have an affirmative obligation to comply with this transition.
If a licensee fails to comply with this requirement after 30 days'
written notice to cure said default, the license shall be reduced
by the required transition requirements of 20%, and the revoked license(s)
shall be auctioned off to a new licensee, with the requirement that
the successful bidder utilizes only "green" vehicles.
|
"Green" Taxicab Transition Chart
| |
|---|---|
|
Starting 1-1-2009
| |
|
Number of License(s)
|
Converted By
|
|
1
|
January 1, 2013
|
|
2
|
CAB A: January 1, 2012
|
|
and
| |
|
CAB B: January 1, 2013
| |
|
3
|
CAB A: January 1, 2011;
|
|
CAB B: January 1, 2012
| |
|
and
| |
|
CAB C: January 1, 2013
| |
|
4
|
CAB A: January 1, 2010
|
|
CAB B: January 1, 2012
| |
|
CAB C: January 1, 2013
| |
|
and
| |
|
CAB D January 1, 2014
| |
|
5
|
CAB A: January 1, 2009
|
|
CAB B: January 1, 2010
| |
|
CAB C: January 1, 2011
| |
|
CAB D: January 1, 2012
| |
|
and
| |
|
CAB E: January 1, 2013
| |
A.
Application requirements. An application for a taxicab license shall
be filed with the Division of Taxi and Limousine Licensing upon forms
provided by the City. The application shall be verified under oath
and shall contain the following information:
(1)
The name, address, date of birth, social security number, telephone
number, and motor vehicle operator license number of the applicant;
(2)
The financial status of the applicant, including any liens or judgments
against the applicant, and the nature of any transaction or acts giving
rise to any existing liens or judgments;
(3)
The experience of the applicant in the transportation of passengers;
(4)
Any facts which the applicant believes tend to prove that a license
is warranted;
(5)
The number of vehicles to be operated or controlled by the applicant,
and the location where the vehicles will be primarily garaged;
(6)
Copies of all leases, mortgages or other material pertaining to the
financial or ownership status of the taxicab license and any vehicles
covered under the licensed;
(7)
A criminal history background check form supplied by the City;
(8)
An applicant shall also submit fingerprint impressions taken by the
Hoboken Police Department, and the applicant shall bear any and all
costs for fingerprinting;
(9)
Such other information as the City may require; and
(10)
For each requirement listed in Subsection A(1) through (9) of this section, in any case where the taxicab license applicant is a corporate entity, any individual holding a 20% or greater share in the corporate entity will be required to provide their personal information in addition to the corporate information in order to satisfy this section.
B.
The Division of Taxi and Limousine Licensing is hereby authorized
and empowered to establish such rules and regulations governing the
issuance of taxicab licenses and taxicab operator's licenses
not inconsistent herewith, and as may be necessary and reasonable.
A.
No license shall be issued or continue in operation unless there
is in force and effect for each vehicle authorized an insurance policy
issued by a company duly licensed to transact business under the insurance
laws of this state in accordance with the minimum insurance requirements
delineated in N.J.S.A. 39:6B-1, and any subsequent amendments thereto,
and upon execution of a liability waiver, which shall be prepared
and provided by the Department of Transportation and Parking.
[Amended 4-15-2015 by Ord. No. Z-344; 4-23-2019 by Ord. No. B-128]
B.
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 fault in respect thereto, and shall be for
the benefit of every person suffering loss, damage or injury as a
result of the ownership, operation, maintenance or use of a taxicab.
A list of all covered drivers must be included in the policy.
C.
In the event that the aforementioned insurance is canceled, the license
shall terminate on the date of the cancellation, unless the insurance
has been reinstated and a withdrawal of the cancellation or a new
policy of insurance has been submitted to the Clerk of the City and
to the Division of Taxi and Limousine Licensing within two business
days of any change. As a condition of obtaining a City of Hoboken
taxicab license, the taxicab license holder agrees to provide the
Division Head with the authority to communicate directly with the
taxicab license holder's insurance companies. All certificates of
insurance shall list the City of Hoboken as an additional insured,
and shall provide the City of Hoboken with a ten-day notice of cancellation
of the policy.
[Amended 4-15-2015 by Ord. No. Z-344]
D.
The bond or bonds shall be filed with the City Clerk and shall have
as surety thereupon a surety company authorized to do such business
in the State of New Jersey.
E.
This section shall not abrogate or relieve a license holder from
any duty or requirement of the insurance laws of this state.
[Amended 3-20-2019 by Ord. No. B-114]
A.
No taxicab license application shall be considered and no taxicab
license shall be issued or renewed unless the applicant or holder
thereof has paid the annual fee of $50 for each vehicle operated under
a City taxi license. The license fee shall be for the period of April
1 through March 31 of the succeeding year and be in addition to any
other license fee or charges established by proper authority and applicable
to the holder of the vehicle or vehicles under his operation and control.
[Amended 4-23-2019 by Ord. No. B-128]
B.
For the 2019 license renewal period, the license fee will be due
on May 1, 2019, and all licenses current as of the enactment of this
chapter will be considered up-to-date and valid until that time.
A.
No taxicab license may be transferred, assigned, sold or otherwise
encumbered, in whole or in part, without the prior written consent
of the City Council.
B.
No transfer application may be forwarded to the City Council until
the transferee has satisfied all other requirements of this chapter,
including but not limited to all initial application requirements.
C.
The holder of a taxicab license may not rent or hire out his or her
taxicab or taxicab license to any person for the transportation of
passengers for hire unless such agreement is provided to the Division
in writing, signed by both the driver and owner prior to the renting
or hiring out commencing.
D.
The fee for a license transfer shall be $250, payable by the transferee
to the City of Hoboken, unless the vehicle is a "green" taxicab in
which case the transfer fee will be $100. This fee is in addition
to any annual taxicab licensing fees applicable to the license. No
transfers shall be permitted in the month of March.
[Amended 4-23-2019 by Ord. No. B-128]
E.
No taxicab license shall be renewed or transferred until all outstanding
tickets, summonses, judgments and tax liens of the City against the
holder(s) are satisfied.
A.
Before the Division of Taxi and Limousine Licensing replaces a vehicle
and issues a new logo the taxicab license holder must provide the
following information:
(1)
Documentation showing the whereabouts of the old vehicle and
the City of Hoboken Taxi decal in the form of:
(a)
A bill of sale showing the vehicle was transferred to an owner
not associated with the taxicab license; or
(b)
An insurance estimate showing the vehicle was deemed totaled
by the insurance carrier accompanied by the accident report showing
the date and circumstances of the accident; or
(c)
Such other documentation as the Division of Taxi and Limousine
Licensing shall deem necessary to evidence the vehicle is no longer
in service and/or under the power and control of the taxicab licensee.
(2)
A replacement fee of $50 to cover new decals for two doors or
$25 to cover a new decal for one door.
No person shall operate a taxicab for hire upon the streets
of the City without a taxicab operator's license. No person who
owns or controls a taxicab license from the City shall permit a person
without a taxicab operator's license to operate under their taxicab
license within the City. In the event, an operator misplaces his or
her operator's license, he or she must:
A.
Every applicant for a taxicab operator's license must meet the
following requirements:
(1)
Be at least 18 years of age and have at least one year of driving
experience;
(2)
Obtain a certificate from a medical doctor licensed in the State
of New Jersey which certifies the operator is of sound physique, with
good eyesight, not subject to epilepsy, vertigo, heart trouble or
any other infirmity of body or mind which might cause the applicant
to be unfit to safely operate a taxi for hire. Upon renewal application,
a certificate shall only be required every even year;
(3)
Be able to speak, read, and write the English language and have a
basic knowledge of Hudson County roadways and landmarks;
(4)
Be a citizen of the United States or present valid documentation
from the United States government of authorization to work within
the United States;
(5)
Possess a valid New Jersey driver's license with not more than
eight points (provisional licenses will not be accepted); and
(6)
Be clean in dress and habits as to be able to provide adequate and
appropriate service to the public;
B.
Every applicant for a taxicab operator's license shall comply
with the Division of Taxi and Limousine Licensing's Rules and
Regulations in preparing their application. Every application for
a taxicab operator's license shall contain the following:
(1)
Name, address, date of birth, social security number, and New Jersey
or out-of-state motor vehicle operator's number;
[Amended 4-23-2019 by Ord. No. B-128]
(2)
The applicant's experience in the transportation of passengers;
(3)
A record of the applicant's employment history for the previous
three years;
(4)
Proof of residence in the State of New Jersey for a period of at
least 90 days;
(5)
Four photographs of the applicant measuring two inches by two inches
of a front view of the applicant's face and shoulders without
head covering;
(6)
A motor vehicle services record abstract indicating a driver's
history from New Jersey Motor Vehicle Commission which shall be no
more than 30 days old;
(7)
Fingerprint impressions taken for the Hoboken Police Department to
conduct state and federal background checks for which the applicant
shall bear any and all costs;
(8)
Certificate from a licensed and practicing physician of the State
of New Jersey certifying that the applicant was examined on a certain
date not more than 60 days before the filing of the application. The
certificate shall state that, in the physician's opinion, the
applicant is of sound physique, with good eyesight, not subject to
epilepsy, vertigo, heart trouble or any other infirmity of body or
mind which might cause the applicant to be unfit to safely operate
a taxi. Upon renewal application, a certificate shall only be required
every odd year;
(9)
An affidavit of the applicant's good character from two reputable
sources who have known the applicant personally and observed the applicant's
conduct for a period of not less than one-year prior to application;
(10)
A reference from the applicant's last employer. This requirement
may be waived at the option of the Division Head for good cause.
(11)
The successful completion of a 5 Panel Drug and Alcohol Test
administered by a third party to be selected by the Division Head.
The results shall indicate no positive test results for any substance,
or the application will be summarily denied. The cost of this test
shall be at the applicant's sole cost and expense.
(12)
Authorization to the Police Department of the City of Hoboken,
to obtain a state and federal criminal background check of the applicant.
(13)
Such other information that the City may require.
A.
The Division of Taxi and Limousine Licensing or his designee shall
conduct an investigation of each applicant for a taxicab operator's
license. A report of such investigation and a copy of the police criminal
history background check and traffic record of the applicant, if any,
shall be attached to the application for consideration. The procedure
for compiling the application which shall be used by the Division
to conduct the investigation shall be found in the Division's
Rules and Regulations.
B.
Authorization for fingerprinting based access to the Interstate Identification
Index for the purpose of conducting noncriminal justice licensing
is found in N.J.S.A. 40:48-1.4. All applicants seeking a license under
this ordinance shall submit to a fingerprint criminal history record
and background investigation by the Hoboken Police Department.
C.
The Division of Taxi and Limousine Licensing shall consider the application,
the police investigation report, any other documentation required
to be attached thereto, and any other relevant facts whatsoever and
shall approve or reject the application. No taxi operator's license
shall be issued until a written police investigation report is received
from the Hoboken Police Department's Bureau of Record and Identification
showing the result of the investigation of the applicant's prior
criminal history, if any, through an examination of the fingerprints.
D.
The Bureau of Record and Identification shall conduct a criminal
history background check investigation of the applicant by submitting
necessary documents to the New Jersey State Police and any other appropriate
law enforcement agency having the capability of determining whether
a person has a criminal record by cross-referencing that person's
name and fingerprints with those on file with the Federal Bureau of
Investigation, Identification Division, and the State Bureau of Identification
of the New Jersey Division of State Police.
E.
The Hoboken Police Department shall refer the applicant to the designated
fingerprint vendor for processing. Upon receipt of the results of
the criminal history background check the Bureau of Record and Identification
shall provide the Division of Taxi and Limousine Licensing with the
results of the criminal background check within five business days
of receipt of same.
F.
Convictions of crimes shall not be considered when considering the
application, except that convictions for the following crimes less
than 10 years prior to the date of application, shall result in summary
denial of an application:
(1)
Driving under the influence of drugs or alcohol; or
(2)
Any offense involving danger to the person as defined by N.J.S.A.
2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq.,
N.J.S.A. 2C:14-1 et seq., or N.J.S.A. 2C:15-1; or,
(3)
Crimes and disorderly persons offense set forth in N.J.S.A. 2C:24-4,
N.J.S.A. 2C:24-5, N.J.S.A. 2C:24-7, N.J.S.A. 2C:24-8, N.J.S.A. 2C:24-9,
or N.J.S.A. 2C:33-4; or,
Each applicant for an initial taxicab operator's license
shall be examined by an Inspector of the Division of Taxi and Limousine
as to his or her knowledge of the provisions of this chapter, the
laws regarding motor vehicles within this state, traffic regulations,
and geography of the City. The examination shall require the applicant
to demonstrate his or her skills and ability to safely and efficiently
operate a taxicab. If the applicant cannot demonstrate his or her
abilities satisfactorily he or she shall be denied a taxicab operator's
license. Driver examinations shall be required for renewal applicants
at the discretion of the Director.
A.
If an applicant fails to meet the criteria of any section of Chapter 179A where such failure expressly requires summary denial, the Division Head must summarily deny the application.
B.
In all instances other than § 179A-11A, if the Division Head of the Division of Taxi and Limousine Licensing after examination of the completed application finds that the applicant is fit, willing and able to perform such public transportation in accordance with the provisions of this chapter, the Division of Taxi and Limousine Licensing shall issue a license stating the name and address of the applicant, the date of issuance and the year, type and model of the vehicle; otherwise, the application shall be denied. In making the above findings, the Division of Taxi and Limousine Licensing shall take into consideration the character, experience and responsibility of the applicant.
C.
If the Division Head of the Division of Taxi and Limousine Licensing
upon consideration of the application determines that the applicant
is unfit or unable to perform the duties of a taxicab driver, or if
the applicant demonstrates behavior that is abusive, hostile or otherwise
inconsistent with the manner in which a person with regular contact
with the public should act, the Division of Taxi and Limousine Licensing
may deny or reject the application.
D.
If the application is denied or rejected, the applicant may, within
10 days of the date of denial, request a personal appearance before
the Division of Taxi and Limousine Licensing to offer evidence in
support of a request to reconsider his/her application. Such personal
appearance shall occur within 30 days of the date of request by the
applicant.
A.
No taxicab operator's license shall be transferred, assigned
or sold to any other person in whole or in part, nor shall the license
be defaced, obliterated or mutilated.
B.
No taxicab operator's license shall be renewed unless all outstanding
tickets, summonses, judgments or tax liens of the holder are satisfied
in full.
A nonrefundable taxicab operator's license application
fee of $75 must be paid directly to the Division of Taxi and Limousine
Licensing before any application documents will be distributed or
considered by the Division of Taxi and Limousine Licensing.
A.
It shall be unlawful for a non-licensed taxicab to pick up or accept
a passenger within the City for a destination within the City limits.
B.
Taxicabs licensed in other jurisdictions may discharge passengers
at a destination within the City provided that any passenger has been
picked up by the taxicab outside the City limits.
C.
Taxicabs licensed in other jurisdictions shall not cruise within
the City limits to seek non-prearranged passengers. Taxicabs, livery
cars, and limousines may only pick up a passenger within the City
to be taken to a place or destination outside the City provided the
passenger had personally, or through an agent, previously arranged
by telephone or other means with the owner or driver of the noncertified
taxicab for such a trip to the destination outside the City. Taxicabs
not licensed by the City shall be specifically prohibited from picking
up fares unless they have been prearranged.
D.
Any person found to be guilty of violating any provisions of § 179A-14 shall be subject to a fine of not less than $1,000 and/or 180 days imprisonment to be determined by the Municipal Court and notice of the offense shall be sent to the owner of the taxicab license for the first offense; and not less than $1500 and/or 180 days imprisonment to be determined by the Municipal Court and notice of the offense shall be sent to the owner of the taxicab license for the second offense; and not more than $2000 and/or one-year imprisonment to be determined by the Municipal Court and notice of the offense shall be sent to the owner of the taxicab license for the third or subsequent offense(s).
A.
In addition to any summons(es) issued for a violation of this chapter,
a license issued under the provisions of this chapter may be revoked
or suspended for any of the following reasons:
B.
A holder of a license shall be entitled to notice and a hearing before
a hearing officer selected by the Corporation Counsel, if requested
in writing within five business days after receipt of notice of alleged
violations. The license holder shall be entitled to representation
by counsel and may present evidence in defense of the charges. The
Division of Taxi and Limousine Licensing shall present evidence in
support of the charges. At the conclusion of a hearing, the hearing
officer may either revoke or suspend the license, or dismiss the charges.
Any appeal of the decision of the hearing officer shall be made to
a court of competent jurisdiction.
C.
Any notice from the Division of Taxi and Limousine Licensing shall
be deemed sufficient if sent via certified and regular mail to the
mailing address furnished by the license holder to the Division of
Taxi and Limousine Licensing pursuant to this chapter. In the event
a licensee changes its mailing address, it is the licensee's
responsibility to notify the Division of Taxi and Limousine Licensing.
D.
Unless otherwise provided for within this chapter, a violation of
a provision of this chapter shall be punishable as follows:
(1)
For a first offense, a minimum fine of $250 upon the driver,
with a maximum fine of $500, and notice of the offense shall be sent
to the owner of the taxicab license;
(2)
For a second offense, a minimum fine of $500, with a maximum
fine of $750, upon the driver and/or suspension of the driver's
taxicab operator's license; and a minimum fine of $250, with
a maximum fine of $500, upon the owner of the taxicab license;
(3)
For a third offense, a minimum fine of $750, with a maximum
fine of $1,000, upon the driver and a mandatory suspension of the
taxicab operator's license for 30 days, with the option to revoke
the driver's taxicab operator's license; and a minimum fine
of $500, with a maximum fine of $750, upon the owner of the taxicab
license and/or suspension of the taxicab license;
(4)
For a fourth offense, a minimum fine of $1,000, with a maximum
fine of $2,000, and mandatory revocation of the driver's taxicab
operator's license for a period of not less than five years;
and a minimum fine of $750, with a maximum fine of $1,000, upon the
owner of the taxicab license and mandatory permanent revocation of
the taxicab license.
Every taxicab driver licensed under this chapter shall post
his or her taxicab operator's license and a rate book in a glass
or plastic enclosed bracket within eye level of seated rear passengers
and in a manner as to be readily identifiable and legible. A passenger
and/or potential passenger has a right to view the driver's rate
book at any time upon verbal request.
Every taxicab driver licensed under provisions of this chapter
shall comply with all federal and state laws and regulations and all
City ordinances relating to the use, operation and occupancy of motor
vehicles and taxicabs. The failure to do so will be cause for suspension,
revocation, or other penalty as the Director determines.
A.
These rules and regulations shall be promulgated to ensure the provision
of safe transportation and shall specify such safety equipment and
regulatory devices as the Director deems necessary.
[Amended 8-7-2013 by Ord. No. Z-246]
B.
When a vehicle has met the standards established by the Division
of Taxi and Limousine Licensing, the Division of Taxi and Limousine
Licensing shall issue an inspection license to that effect. The inspection
license shall be conspicuously displayed in each taxicab as to be
readily seen by the passenger.
C.
Every vehicle operating under this chapter shall be kept in a clean
and sanitary condition according to the rules and regulations promulgated
by the Division of Taxi and Limousine Licensing, including but not
limited to:
(1)
The exterior of every vehicle operating under this chapter shall
be kept in safe and clean conditions.
(2)
Every vehicle operating under this chapter shall be free from
dents, missing parts and other exterior damage or wear which creates
an unsightly appearance.
(3)
Every vehicle operating under this chapter shall have interior
and upholstery which is kept safe and clean and free from broken,
missing or worn parts.
(4)
Every taxicab shall be equipped with interior light of sufficient
candlepower to illuminate its interior after sundown. In no case shall
the bulb be less than six candlepower.
(5)
Taxicabs shall be equipped with roof lights which shall be in
operation whenever the taxicabs are in operation. The roof lights
shall be lighted when the taxicabs are vacant and extinguished when
occupied. Roof lights shall have a dark background so as to be distinguished
in the daylight hours.
(6)
Vehicles used as taxicabs need not be new, but they shall be
required to pass inspection by the New Jersey State Motor Vehicle
Commission and shall also be required to pass an annual inspection
by the Division of Taxi and Limousine Licensing.
(7)
Replacement vehicles used as taxicabs shall be of a four-door
model.
(8)
Taxicab vehicle age requirements.
[Amended 2-16-2011 by Ord. No. Z-86; 8-7-2013 by Ord. No. Z-246]
(a)
Any taxicab vehicles licensed by the City of Hoboken at the
time of adoption of this amendment, and any vehicle which is handicapped-accessible
regardless of when first licensed by the City of Hoboken, shall be
no greater than 15 model years old.
[Amended 4-6-2016 by Ord.
No. Z-409; 4-23-2019 by Ord. No. B-128]
(b)
Any taxicab vehicle not licensed by the City of Hoboken at the time of adoption of this amendment, except handicapped vehicles which are subject to Subsection C(8)(a) regardless of when first licensed by the City of Hoboken, may be up to nine model years old if hybrid/green. The City shall not license any nonhybrid/nongreen taxicab vehicles never before licensed by the City.
[Amended 4-6-2016 by Ord.
No. Z-409]
(c)
Any taxicab vehicle operated in the City of Hoboken which is
six model years old or greater shall be inspected annually at the
time of license renewal and may be inspected by order of the Director
upon any written complaint regarding the maintenance of the vehicle,
both of which inspections shall be conducted by and at the cost of
the City of Hoboken.
[1]
In any event when a taxicab vehicle fails the initial inspection,
the license owner shall be entitled to a thirty-day opportunity to
cure, during which period the vehicle may continue to be operated
under the City of Hoboken license; except that, in cases where the
inspector determines in writing that the reason(s) for failure create(s)
a substantial risk to the public health and safety, the vehicle may
not be operated under the City of Hoboken license until/unless the
health and safety issue is cured.
[2]
At the expiration of the cure period, or at any time during
the cure period upon written request of the license owner, the vehicle
shall be reinspected by the City of Hoboken at the sole cost and expense
of the license owner.
[a]
If the license owner fails to provide the vehicle
for reinspection at the expiration of the cure period, or by the close
of City business the next business day following the expiration of
the cure period when such day falls on a weekend or holiday, the license
shall be automatically revoked and the vehicle shall be listed as
a vehicle not approved for use under any City of Hoboken license in
the future. Under such circumstances, all City of Hoboken insignia
shall be returned to the City of Hoboken within 48 hours of the expiration
of the cure period, or the license owner shall be charged a penalty
of $100 per violation, with each day constituting a new and separate
violation.
[b]
If the vehicle is reinspected within the cure period
and the vehicle fails reinspection, the license shall be revoked,
subject to a hearing as provided for in this chapter, and the vehicle
shall be listed as a vehicle not approved for use under any City of
Hoboken license in the future. Under such circumstances, all City
of Hoboken insignia shall be returned to the City of Hoboken within
48 hours of the expiration of the cure period, or the license owner
shall be charged a penalty of $100 per violation, with each day constituting
a new and separate violation.
[c]
If the vehicle is reinspected within the cure period
and the vehicle passes reinspection, the license shall remain in good
standing, subject to compliance with all other rules and regulations,
and the vehicle shall remain in good standing to be used under any
City of Hoboken license, subject to compliance with all other rules
and regulations.
A.
The color scheme of taxicabs shall be at the sound discretion of
the Division of Taxi and Limousine Licensing. The Division of Taxi
and Limousine Licensing may adopt a uniform color scheme for all taxis
licensed by the City.
B.
For identification purposes, the insignia or monogram of a taxicab
shall be assigned by the Division of Taxi and Limousine Licensing
to ensure adequate differentiation among separate taxicab operators.
Each taxicab shall bear upon its doors:
(1)
The City of Hoboken taxicab logo with assigned number prominently
displayed in the middle of both the driver's front door and passenger's
front door;
(2)
The rates of fare, as set forth on the rate card, in letters
not less than one inch nor more than two inches in height, in contrasting
color, on both sides of the rear doors;
(3)
The City of Hoboken taxicab logo with assigned number cannot
be duplicated without the Director's consent. Any person found
to be guilty of violating any provisions of this section shall be
punishable to a minimum fine of $1,000 and/or 90 day's imprisonment,
to be determined by the Municipal Court.
C.
No vehicle covered by this chapter shall be licensed whose identifying
design, monogram, or insignia shall, in the opinion of the Division
of Taxi and Limousine Licensing, conflict with or imitate any other
vehicle or vehicles already licensed and operating under the provisions
of this chapter in such a manner as to be misleading or tend to deceive
or defraud the public.
D.
The company's business name with the company's telephone
number shall appear in a conspicuous area of the taxi vehicle in lettering
not less than six inches in height and in a contrasting color.
E.
If a taxicab operator accepts credit card payments, such shall be
indicated on both sides of the rear doors by way of logos for each
type of credit card which is accepted.
F.
If, after a license has been issued for a taxicab, any of the provisions
of this section are violated, the Division of Taxi and Limousine Licensing
shall suspend and/or revoke the license of such taxi or taxicabs in
accordance with the provisions of this chapter.
G.
Handicapped accessible taxicabs licensed by the City with a handicapped
accessible taxicab license shall include insignia, as provided by
the Division of Taxi and Limousine, which indicates that said taxicab
is licensed by the City of Hoboken as a handicapped accessible taxicab.
No other taxicabs licensed by the City, which do not hold a handicapped
accessible taxicab license, may provide for any insignia or signage
on the taxicab which indicates handicapped accessibility.
[Added 4-2-2014 by Ord.
No. Z-289]
[Amended 8-7-2013 by Ord. No. Z-246; 12-4-2013 by Ord. No. Z-259]
The maximum rates of fare allowable for taxicabs licensed by
the City of Hoboken shall be as follows:
A.
Maximum allowable intra-City fares. The maximum allowable fare for
intra-City taxi service shall be $8, except for taxi service initiating
from the taxi stand at the New Jersey Transit/PATH station, which
shall have a maximum intra-City fare of $7.
[Amended 4-23-2019 by Ord. No. B-128]
B.
Additional allowable fees.
[Amended 4-23-2019 by Ord. No. B-128]
(1)
If cab rides are shared with the consent of the first rider(s),
the fee may be increased by $7 so long as the second rider(s) is not
going to the same exact destination. There shall be no more than two
paying passengers per shared ride. The right of the taxicab operator
to transport shared rides applies only at taxi stands designated by
the City of Hoboken if there are more passengers than available taxis.
The first rider must be taken to his or her destination first.
(2)
If a taxi picks up a party of more than one person at the taxi
stand at the New Jersey Transit/PATH station for intra-City travel,
the taxi driver may charge an additional fee of $1 for each additional
person, which fee shall be in addition to the allowable fare of $7,
except that there shall be no additional charge for children under
the age of 13 years old.
C.
Allowable baggage fees. In addition to the aforesaid rates, there
shall be a charge of $0.50 for each bag exceeding two, with which
a driver assists a passenger, except that senior citizens shall not
be subject to this fee.
D.
Maximum allowable non-intra-City fares. Every driver must have a
City-approved rate book in the vehicle at all times and must use the
rates included in the book.
The driver of a taxicab shall, upon request by the passenger,
provide him or her a receipt for the amount charged, either by a mechanically
printed receipt or by a specially prepared receipt on which shall
be the name of the owner, driver's name, license number of the
taxicab, date and the amount paid for fare. Only one receipt per fare
shall be provided.
No person shall refuse to pay the legal fare of any taxicab
or vehicle mentioned in this chapter after having hired same. No person
shall hire any such taxicab or vehicle with intent to defraud the
person from whom it was hired of the value of such service.
A.
No driver shall solicit passengers for a taxicab except when sitting
in the driver's seat of such taxicab or while standing immediately
adjacent to the curbside thereof. The driver of any such taxicab shall
remain in the driver's compartment or immediately adjacent to
his vehicle at all times when such vehicle is upon the public street.
B.
No driver shall solicit patronage in a loud or annoying tone of voice,
by sign, voice amplification device or in any manner so as to annoy
any person, obstruct the movement of any person, or follow any person
for the purpose of soliciting patronage. No driver, starter, assistant,
or associate, shall induce any prospective passenger to employ him
by misinforming or misleading any such prospective passenger as to
the location of any hotel, public place or private residence within
the City or as to the distance between any two points, nor shall any
driver, starter, assistant, or associate deceive any prospective passenger
or make any false or misleading representations to him or her or convey
any passenger to any place or over any route other than that which
such passenger has instructed the driver to go.
C.
Drivers of taxicabs shall not receive or discharge passengers in
the roadways, but shall pull up to the right hand sidewalk as nearly
as possible. In the absence of a sidewalk, the driver should pull
over to the extreme right hand side of the road and there receive
and discharge passengers, except upon one way streets, where passengers
may be discharged on either the right or left hand sidewalk or side
of the road in the absence of a sidewalk.
D.
No person, other than the licensed driver or a person with a disability, shall ride or sit in the front seat unless the rear seat is fully occupied by passengers or passenger luggage. No driver shall permit any other person to occupy or ride in the taxicab, other than the person or persons employing the taxicab. The practice of sharing of taxicabs, whereby the driver is paid more than one fare for the same travel or portion thereof shall be permitted only with the first passenger's consent and charged pursuant to § 179A-20A. Any violation of this subsection shall subject the driver to an immediate five day suspension as well as those penalties provided for by § 179A-15D of this Code.
E.
No driver shall permit more than four persons to be carried in his
or her taxicab as passengers. Upon written application to the Division
of Taxi and Limousine Licensing requesting an inspection of a particular
vehicle, the Division of Taxi and Limousine Licensing may rate particular
vehicles, or classes of vehicles, at a higher occupancy level. Children
under seven years of age seated in the lap of an adult passenger in
the rear of the vehicle shall not be counted as a passenger.
F.
No driver shall refuse or neglect to convey any orderly person or persons upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so. Any such refusal or neglect shall be punishable by a license suspension for a period not to exceed five days, as well as those penalties provided for by § 179A-15D of this Code.
G.
Drivers shall not: (i) allow the consumption of any alcoholic beverages
in their vehicle; (ii) engage in the selling of intoxicating liquors
or drugs; (iii) solicit patronage for any house of ill repute; or
(iv) use vehicles for any other purpose other than the transportation
of passengers.
H.
Taxicabs, upon discharging their passengers, shall either return
to the taxi stand assigned to that particular taxicab or shall be
permitted to cruise in search of passengers. No taxicab shall remain
parked at any place within the City except at a taxi stand assigned
to it or unless it is waiting for a passenger. No taxicab shall be
parked at any place other than its taxi stand awaiting a call from
its dispatcher or other person for a new assignment.
I.
Cruising shall be allowed so long as it is conducted within the following
criteria:
(1)
The pick up or discharge of passengers may not cause a dangerous
traffic situation nor may it cause a disruption or stoppage in traffic
flow.
(2)
Cruising shall not be allowed within 500 feet of a taxi stand.
Cruising is prohibited within 50 feet of a bus stop, unless hailed
by a prospective passenger.
(3)
Cruising shall at all times remain at the discretion of the
Director, who may regulate, modify, or abolish the practice.
(4)
This subsection shall not be construed as to allow any practice
otherwise prohibited by this chapter or any law or regulation of this
State or of the United States.
A.
In accordance with N.J.S.A. 39:4-197(3)(a), the Division of Taxi
and Limousine Licensing is authorized to regulate the use of taxi
stands, and to establish and regulate temporary taxi stands, within
the City of Hoboken, as provided by law.
B.
There are hereby established, taxi stands at the following locations;
C.
It shall be unlawful for any taxicab driver not to abide by the direction
of the taxicab "starter."
D.
The Director may establish temporary taxi stands as necessary.
E.
Private or off-duty taxis and unauthorized vehicles shall not at
any time occupy the space upon the streets which have been provided
and established as either a taxi stand or temporary taxi stand or
within 250 feet in any direction from the location of the taxi stand.
Any such vehicles shall be removed at the owner's expense. No
private or off-duty taxi shall be parked at a taxi stand unless authorized
by the Division of Taxi and Limousine Licensing or on any City street.
[Amended 4-23-2019 by Ord. No. B-128]
All persons engaged in the taxicab business in the City operating
under provisions of this chapter shall render an overall acceptable
service to the public desiring to use taxicabs. They shall answer
all calls received by them for service inside the City as soon as
practical and, if the service cannot be rendered within a reasonable
time, they shall notify the prospective passenger how long it will
be before the call can be answered and give the reason thereof. Any
holder who shall refuse to accept a call anywhere in the City at any
time when such holder has available taxicabs on duty, or who shall
fail or refuse to give overall acceptable service, shall be deemed
a violator of this chapter. The license granted to such holder shall
be revoked at the discretion of the Division of Taxi and Limousine
Licensing after notice of charges and hearing.
Every taxicab driver shall maintain a daily trip sheet upon
which is recorded all trips made each day, showing time and place
of origin, destination of each trip, amount of fare, name of driver,
and the times he or she reported on and off duty. All such completed
trip sheets shall be returned to the owner of the taxicab by the driver
at the conclusion of his tour of duty. The form of each trip sheet
shall be furnished to the driver by the owner and shall be of a character
approved by the Division of Taxi and Limousine Licensing. Copies of
all daily trip sheets for each vehicle shall be maintained in an accessible
format by the owner for a period of at least one license year.
A.
Every license holder shall keep accurate records of receipts from
operation, operating and other expenses, capital expenditures and
other such operating information as may be required by the Division
of Taxi and Limousine Licensing. Every holder shall maintain the records
containing such information accessible for examination by the Division
of Taxi and Limousine Licensing.
B.
All accidents arising from or in connection with the operation of
taxicabs which result in death or injury to any person or in damage
to any vehicle, or to any property in an amount exceeding $500 shall
be reported to the Division of Taxi and Limousine Licensing within
48 hours from the time of occurrence in a form to be furnished by
the Division of Taxi and Limousine Licensing. Copies of any police
report filed or prepared as a result of the accident must also be
provided to the Division of Taxi and Limousine Licensing within 48
hours. Such reports are to be used by the Department in developing
useful information in the prevention of transportation accidents.
C.
All license holders shall file with the Division of Taxi and Limousine
Licensing copies of all contracts, agreements, arrangements, memorandums
or other writing, relating to the furnishing of taxicab service to
any hotel, theater, hall, public resort, railway station or other
place of public gathering, indicating whether such agreement is made
with any corporation, firm or association with which the holder may
be interested or connected. Failure to file such copies within seven
days shall be sufficient cause for the revocation of a license of
any offending holder or the cancellation of any taxi stand privilege.
D.
Whenever a taxicab registered to a City of Hoboken taxicab license
is out of service for five or more days, the taxicab license holder
shall report the same in writing to the Division of Taxi and Limousine
Licensing with the reason therefor, the date of decommission, and
the expected date of return. Prior to returning the taxicab to service,
the taxicab license holder shall provide the Division with a written
letter from a mechanic, on the mechanics official letterhead, stating
the vehicle is safe for operation as a taxicab, and the date the vehicle
may return to operation.
E.
Whenever the registration and/or license plates for a taxicab licensed
by the City of Hoboken shall change the taxicab license holder shall
provide the City of Hoboken with written verification, from the State
of New Jersey Department Motor Vehicle Commission, indicating the
change of license plate and/or change of registration for the vehicle
prior to use of the vehicle under the City of Hoboken taxicab license.
A.
Subject to the provision of this chapter and the rules and regulations
of the Division of Taxi and Limousine Licensing, taxicabs may display
advertising on or above the rear bumper of the cab provided that such
advertising is properly framed and does not obstruct rear vision.
B.
Taxicab companies not properly licensed to provide taxi service within
the City shall not cause to be displayed any type of placard, poster,
sign, sticker or card advertising its transportation services in public
telephone booths, taverns, restaurants or other public places in this
City.
A.
The Division of Taxi and Limousine Licensing is hereby given the
authority and is instructed to watch and observe the conduct of holders
and drivers operating under this chapter. Upon discovering a violation
of this chapter, the Division of Taxi and Limousine Licensing shall
file a complaint with the Municipal Court and take any other action
consistent with this chapter.
B.
A vehicle owner who has been issued a taxi license shall be responsible
for having said vehicle inspected at a State of New Jersey inspection
station pursuant to the laws of this state. Authorized personnel of
the City of Hoboken under the Division of Taxi and Limousine Licensing
may conduct on street inspections of such vehicles. The inspector
may order the vehicle owner to repair or take the vehicle out of service
until such vehicle is repaired.
Subject to required licensing and approval by appropriate authorities,
including the Director and the Division of Taxi and Limousine Licensing,
owners may use radios to dispatch taxicabs.
Unless otherwise specified herein, any person violating any
provision of this chapter shall, upon conviction thereof before the
Municipal Court, be subject to a fine not exceeding $1,000 or to imprisonment
for a period not exceeding one year, or both, the amount of such fine
and imprisonment subject to the above limitation, to be determined
by the sound discretion of the Municipal Judge. In addition to the
aforementioned penalties, and as provided for herein, violations of
this chapter may subject the license to suspension or revocation as
provided for herein.
Any ordinances adopted concerning taxicabs and taxicab drivers
previously adopted by the City of Hoboken are hereby specifically
repealed.
Should any part of this chapter be declared invalid all other
parts shall remain in full force and effect.
