[HISTORY: Adopted by the Township Council
of the Township of Parsippany-Troy Hills 10-28-1986 by Ord. No. 86:72 as Ch. VIII of the 1986 Code. Amendments noted where applicable.]
[1]
Editor's Note: The general power to license
and prescribe license fees is contained in N.J.S.A. 40:52-1 et seq.
Licensing is also a part of the general police power granted by N.J.S.A.
40:69A-29 and N.J.S.A. 40:69A-30. Taxicabs must also comply with the
requirements of N.J.S.A. 48:16-1 et seq.
[Amended by Ord. No. 2000:41]
As used in this chapter, the following terms
shall have the meanings indicated:
Any automobile or motor car used in the business of carrying
passengers for hire to provide prearranged passenger transportation
at a premium fare on a dedicated, nonscheduled, charter basis that
is not conducted on a regular route and with a seating capacity of
no more than 14 passengers, not including the driver, provided that
such a vehicle is certified by the manufacturer of the original vehicle
and the second-stage manufacturer, if applicable, to conform to all
applicable Federal Motor Vehicle Safety Standards promulgated by the
United States Department of Transportation pursuant to 49 CFR Part
571 (49 CFR 571.1 et seq.) and 49 CFR Part 567 (49 CFR 567.1 et seq.),
as defined in N.J.S.A. 48:16-13.
[Amended 8-17-2010 by Ord. No. 2010:19]
Any automobile, taxicab or other vehicle propelled by motor
power engaged in the business of transportation of passengers for
hire or pay within the Township whether operated from stands in the
street or only on telephone calls to garages or in any other manner.
It is the intention of this chapter to include in the definition of
"taxicabs" any motor-driven vehicle, other than stages, omnibuses,
and vehicles commonly called "jitneys," which carries passengers for
hire or pay for which public patronage is solicited and the owner
of which holds himself out as a carrier of passengers.
[Amended by Ord. No. 98:37; 2000:41; 9-17-2013 by Ord. No. 2013:27]
The following types of licenses are hereby established
for the purposes of this chapter.
A.
Taxicab
owner's license; filing of certificate.
(1)
Each
person engaged in the taxicab business and utilizing the Township
as a principal place of business shall obtain an individual license
for each taxicab.
(2)
Pursuant
to N.J.S.A. 48:16-7, any person engaged in the taxicab business within
the Township whose principal place of business is in another municipality
shall file with the Township Clerk a certificate from the Clerk of
that municipality certifying that the owner has complied with the
insurance requirements of N.J.S.A. 48:16-3.
B.
Limousine
business license and limousine vehicle license.
(1)
Each
person engaged in the limousine business utilizing the Township as
a principal place of business shall obtain a limousine business license.
(2)
Pursuant
to N.J.S.A. 48:16-17, limousine business whose principal place of
business is within the Township shall obtain a limousine vehicle license
for each limousine operated.
A.
Required. It shall be unlawful for any person to engage
in the taxicab business utilizing the Township as a principal place
of business without first having obtained a license therefor as hereinafter
provided.
[Amended by Ord. No. 98:37]
B.
Application for license.
[Amended by Ord. No. 90:92; Ord. No. 98:37]
(1)
No taxicab owner's license shall be issued for any
vehicle required to be licensed until the owner files an application
for a taxicab owner's license setting forth the character of the vehicle
proposed to be licensed, the correct name of the owner thereof, the
residence or address of the principal office of such owner, a complete
schedule of the fares proposed to be charged and such other facts
as the Township Council may require. The application for a taxicab
owner's license shall also set forth the name, address and age of
each driver who will be employed by the owner to drive taxis within
the Township, as well as a certification by the applicant as to each
such driver that the driver is at least 20 years of age, has had at
least one year of driving experience, is of good moral character,
has no criminal record and is physically able to operate a taxicab.
The applicant shall have an ongoing responsibility to update the list
of drivers with additions and deletions as they occur.
(2)
The applicant shall further certify that any driver
who is convicted of a crime or of being a disorderly person in this
or any other jurisdiction or who is convicted of a violation of Title
39 of the Revised Statutes of New Jersey shall immediately be prevented
from operating any of the applicant's taxicabs within the Township.
(3)
The application for license shall be made to the Township
Clerk on forms provided by him. Upon receipt of the license application
properly completed the Township Clerk shall forward the application
and other necessary documents to the Township Council which shall
review the application for the purpose of determining whether or not
the applicant has complied with all of the requirements and conditions
of this chapter. Should the Township Council find that there has been
compliance with the terms of this chapter it shall be in the form
of a resolution ordering the issuance of a license by the Township
Clerk.
(4)
All applications for licenses shall be accompanied
by the required fee and shall be made to or through the Township Clerk
upon forms provided by him. All application fees shall be nonrefundable,
except that when the Township Clerk shall deny applicant a license
or permit the applicant shall be refunded 50% of his application fee.
The nonrefundability of all application fees shall be stated on all
application forms. Applications may contain information deemed necessary
or specifically called for by ordinance.
C.
Approval of application. The Township Clerk shall
not issue any taxicab owner's license until the application therefor
is approved by the Township Council and the conditions precedent to
the issuance of the license as set out in this chapter are complied
with. Where a taxicab owner's license has previously been issued,
the approval of the Township Council shall not be required as a condition
for issuance of additional vehicle licenses.
D.
License fee. The annual fee for a taxicab owner's
license shall be $75 for the first vehicle and $35 for each additional
vehicle.
[Amended by Ord. No. 90:92]
E.
License term. All taxicab owner's licenses shall expire
on December 31 following the date of issue and shall be renewed annually
on or before January 1.
F.
Posting of license and photo identification of driver.
Each taxicab owner's license issued shall bear a number and shall
state the name of the person to whom it is issued. It shall briefly
describe the vehicle licensed and indicate the motor vehicle license
number. Each license shall be signed by the Township Clerk and shall
have the Township Seal affixed thereto. The license shall be placed
in a conspicuous location in the taxicab along with a photo identification
of the driver, which clearly indicates the driver's name, address
and driver's license number.
[Amended by Ord. No. 98:37]
G.
Transfer of owner's license. Taxicab owner's licenses
may be transferred from one vehicle to another belonging to the same
owner, only after an application in writing has been submitted and
approval has been granted by the Township Clerk and payment has been
made to the Township Clerk of a transfer fee of $20. All applications
for transfer shall be made on forms to be furnished by the Township
and shall be accompanied by the transfer fee.
[Amended by Ord. No. 89:7; Ord. No. 90:92]
H.
Inspections of vehicles. No taxicab owner's license
shall be issued for any vehicle which is not currently registered
and inspected by the State of New Jersey.
I.
Liability insurance and power of attorney.
[Amended by Ord. No. 90:26; Ord. No. 98:37; Ord. No. 2000:41]
(1)
No taxicab owner's license shall be issued for any
vehicle required to be licensed until there is submitted to the Township
Attorney, and approved by him as to both form and sufficiency, and
filed with the Township Clerk at the time application for a license
is made an insurance policy with the premium prepaid thereon issued
by an insurance company duly licensed to transact business under the
Laws of the State of New Jersey with a policy limit of not less than
$1,500,000 against loss imposed by law, including but not limited
to judgment or settlement, upon such owner for damages on account
of bodily injury, including death, or property damage suffered by
one or more persons arising from or caused by any one accident, including
an act or omission, occurring by reason of the ownership, maintenance
or use of the vehicle so licensed within the Township. A "combined
single limit" policy in the amount required by this Code section shall
satisfy this Code section. The operator of each taxicab shall be covered
by the insurance requirements herein referred to.
(2)
All taxicab owner's licenses shall be effective and
operative only as long as such insurance policy or policies remain
in force and effect.
(3)
Concurrently with the filing of the insurance policy
referred to herein, the applicant shall submit a power of attorney
whereby the owner shall appoint the Township's Chief Financial Officer
his true and lawful attorney for the purpose of acknowledging service
of any process out of a court of competent jurisdiction to be served
upon the insured by virtue of the indemnity granted under the insurance
policy, as provided by N.J.S.A. 48:16-5.
J.
Maintenance of records. The owner-licensee shall keep
and maintain records of all trips for a period of at least six months,
which records shall at all times be subject to inspection and audit
by the Township Council.
K.
Additional rules and regulations. The Township Council
may, by resolution, make such rules and regulations in relation to
the operation of taxicabs and the conduct of the operators thereof
as it may determine to be necessary and proper in the best interests
of the Township. A certified copy of any such resolution shall be
forwarded to all licensees within 10 days following adoption.[1]
[1]
Editor's Note: Former Section 8-4, Taxicab
driver's license, amended by Ord. No. 91:12 and Ord. No. 95:8, which
immediately followed this section, was repealed by Ord. No. 98:37.
[Amended 9-17-2013 by Ord. No. 2013:27]
A.
Any license issued in accordance with the terms of this chapter may
be refused or any license issued may be revoked or a renewal thereof
refused by the Township Council after notice and hearing for any of
the following causes:
(1)
If the license holder, applicant, or any employee of the license
holder or applicant who operates licensed taxicabs or limousines has
been convicted of:
(2)
If the license holder or applicant has any judgment unsatisfied or
record against him arising out of an automobile accident.
(3)
If the license holder or applicant has failed or fails to render
reasonably prompt, safe and adequate taxicab service, or safe and
adequate limousine service.
(4)
If the license holder or applicant has failed to comply with all
laws of the State of New Jersey or ordinances of the Township or rules
and regulations regarding the ownership and operation of taxicabs
or limousines.
(5)
If the license holder or applicant has operated or operates without
a license issued pursuant to this chapter any taxicab or limousine
business with its principal place of business located within the Township.
(6)
If the license holder or applicant operates any taxicab or limousine
business licensed by the Township from a principal place of business
located outside of the Township.
(7)
If any business license, permit, or authorization of the license
holder or applicant has been denied, suspended, or revoked for any
reason.
(8)
If any insurance policy required under this chapter providing coverage
to the license holder or applicant is denied, suspended, or revoked
for any reason.
B.
Any contemplated hearing shall be held within 15 days following an
order of suspension upon notice, which notice shall set forth the
reasons for the proposed revocation or suspension.
Taxicab stands shall be established in accordance with Chapter 405, Vehicles and Traffic.
No driver of any licensed taxicab shall refuse
or neglect to carry in his taxicab any orderly person upon request
unless the driver is previously engaged.
The requirements of this chapter shall not apply
to a taxicab owner or taxicab operator duly licensed by another municipality
while such taxicab is being operated in the Township solely for the
purpose of delivering to a destination or destinations within the
Township a passenger or passengers picked up by the taxicab at a point
or points outside of the Township.
[Amended by Ord. No. 89:7; Ord. No. 90:26; Ord. No. 90:56; Ord. No. 90:92; Ord. No. 91:4; Ord. No. 98:37; Ord. No. 2000:41; 8-17-2010 by Ord. No. 2010:19; 9-17-2013 by Ord. No. 2013:27]
A.
Licenses required. It shall be unlawful for any person to engage
in the limousine business utilizing the Township as a principal place
of business without first having obtained a limousine business license
and a limousine vehicle license for each limousine vehicle operated
as hereinafter provided.
B.
Physical office required. Each limousine business licensed by the
Township shall maintain a physical office within the Township as its
primary place of business. Virtual offices shall not be licensed.
For purposes of this chapter, a virtual office is defined as an office
established by computer, internet, telecommunication, or other electronic
means, without any physical office space located within the Township
at which the limousine business receives customers, schedules fares,
or otherwise conducts its routine and ordinary business.
C.
Application for initial limousine business license.
(1)
Application requirements. No limousine business license shall be
issued for any limousine business until the owner files an application
setting forth the following:
(a)
The legal name of the limousine business, including any and
all trade names, and the physical address of its principal place of
business in the Township. Virtual offices shall not be licensed.
(b)
A copy of the limousine business's articles of incorporation,
certificate of formation, or other corporate formation document registered
with the State of New Jersey.
(c)
The location at which limousine vehicles will be parked or otherwise
stored. For each such location, the applicant shall submit a copy
of the deed or business lease showing the limousine business as the
owner or tenant. If the location is not within the Township, the applicant
shall also submit a certification of the zoning official in the municipality
where the vehicle is to be parked or otherwise stored that the parking
or storage of limousines at that location is permitted by that municipality's
Zoning Ordinance. If a lease is submitted, it must include a provision
which permits the parking of limousine vehicles on the business premises.
If the lease does not include a provision permitting the parking of
limousine vehicles on the business premises, the applicant must submit
a letter from the landlord granting permission to park limousine vehicles
on the business premises.
(d)
A copy of a valid zoning permit issued by a Township Zoning
Officer permitting the limousine business to operate at the designated
principal place of business.
(e)
A complete list of each and every owner, officer, member, parent
entity, and subsidiary entity of the limousine business, including
the name, title, home or principal business address, date of birth,
driver's license number or corporate code, and percentage ownership
interest of each owner, officer, member, parent entity, and subsidiary
entity.
(g)
A complete list of each and every employee of the limousine
business, including the name, home address, telephone number, and
date of birth. Every driver employed by the limousine business shall
also include his New Jersey driver's license number and expiration
date.
(h)
A copy of a valid certificate of authority to collect New Jersey
sales tax authorizing the limousine business to collect sales tax
from its customers.
(2)
Approval of application. The Township Council shall not issue any
limousine business license until the applicant has demonstrated satisfactory
compliance with the provisions of N.J.S.A. 48:16-13 to N.J.S.A. 48:16-22.7,
and with the conditions precedent to issuance of the license set forth
in this chapter.
D.
Application for initial limousine vehicle license
(1)
Limousine business license required. No limousine vehicle shall be
licensed by the Township unless the owner of that limousine vehicle
first obtains a limousine business license as set forth in this chapter.
An applicant for a limousine business license may simultaneously apply
for limousine vehicle licenses.
(2)
Application requirements. No limousine vehicle license shall be issued
for any limousine until the owner files an application for a limousine
vehicle license setting forth the following:
(a)
The name, business address, and license number of the Township
licensed limousine business seeking to license the limousine vehicle.
(b)
A description of the limousine vehicle, including VIN and license
plate number.
(c)
Proof that the limousine vehicle is owned, leased, or financed
by the designated limousine business.
(d)
The New Jersey registration number or license plate number,
and a copy of the registration.
(e)
The expiration date of the limousine vehicle's New Jersey
inspection.
(f)
Proof of insurance for the limousine vehicle.
(g)
The identity, including name, home address, telephone number,
and New Jersey driver's license number, of each individual who
will operate the limousine vehicle.
(3)
Authorization to inspect. By signing an application for a limousine
vehicle license, the applicant shall consent to have each limousine
vehicle listed on the application inspected by the Township Police
Department to verify that the limousine vehicle is in operational
condition and complies with the requirements of the New Jersey Motor
Vehicle Law.
(4)
Posting of license. Pursuant to N.J.S.A. 48:16-17, each limousine
vehicle license shall recite the name of the insurance company, the
number and date of expiration of the insurance policy, a description
of the limousine insured thereunder and the registration number of
the limousine insured thereunder. The original license or a copy thereof
shall be retained within the limousine and shall be available for
inspection.
E.
Renewal of limousine business licenses and limousine vehicle licenses.
(1)
Renewal requirements for limousine business licenses. A holder of
a current, unexpired limousine business license may apply to the Township
Clerk no later than November 1 to renew the license. A holder of an
expired limousine business license shall be required to file an initial
application and all required supporting documentation in order to
renew the license.
(2)
Renewal requirements for limousine vehicle licenses. Limousine vehicle
licenses may be renewed simultaneously with the limousine business
licenses, provided that all required supporting documentation for
each limousine vehicle, including but not limited to registration
documents, proof of insurance, and identity of the persons operating
each limousine vehicle, is submitted for each limousine vehicle license
renewed.
(3)
Applicant to disclose changes. When applying to renew a limousine
business license or a limousine vehicle license, the applicant shall
indicate any and all changes since the initial application or most
recent renewal, including but not limited to changes in corporate
structure, business address, insurance, employees, and vehicles, and
shall provide copies of all relevant documents supporting any changes.
(4)
Current documentation required. Applications for limousine business
license renewals shall include current copies of all documents which
expired, or are due to expire, during the term of the license being
renewed, including but not limited to, drivers licenses, registration
documents, insurance documents, sales tax certificates, and business
registration certificates.
(5)
Final approval. Final approval of limousine business license renewals
shall be by Resolution of the Township Council. Renewal of corresponding
limousine vehicle licenses shall not require Township Council approval
so long as the renewal application complies with the provisions of
this chapter.
F.
Fees required and nonrefundable. Applications for limousine business
licenses and limousine vehicle licenses shall be made to the Township
Clerk on forms provided. All applications shall be accompanied by
the required fee. All application fees shall be nonrefundable and
the nonrefundability of application fees shall be stated on all application
forms. Applications shall contain information deemed necessary or
specifically called for by ordinance. Final approval of all applications
shall be by Resolution of the Township Council.
G.
Limousine vehicle licenses under a previously issued limousine business
license. Provided that all other requirements of this chapter are
met, where a limousine business license has previously been issued,
the approval of the Township Council shall not be required as a condition
for issuance of limousine vehicle licenses under that limousine business
license.
H.
License fee. The annual fee for a limousine owner's license
shall be $50 for the limousine business license plus $10 for each
vehicle licensed thereunder.
I.
Administrative fee. Each applicant shall pay an administrative fee
of $800 for an initial limousine owner’s license application
or an application to renew an expired limousine owner’s license.
The administrative fee for each renewal of an unexpired limousine
owner’s license shall be $400.
J.
License term. All limousine business licenses and vehicle licenses
shall expire on December 31 following the date of issue and shall
be renewed annually on or before January 1.
K.
Liability insurance and power of attorney.
(1)
No limousine business license or limousine vehicle license shall
be issued until there is submitted to the Township Attorney, and approved
by him as to both form and sufficiency, and filed with the Township
Clerk at the time application for a license is made an insurance policy
with the premium prepaid thereon issued by an insurance company duly
licensed to transact business under the laws of the State of New Jersey
with a policy limit of not less than $1,500,000 against loss imposed
by law, including but not limited to judgment or settlement, upon
such owner for damages on account of bodily injury, including death,
or property damage suffered by one or more persons arising from or
caused by any one accident, including an act or omission, occurring
by reason of the ownership, maintenance or use of the vehicle so licensed
within the Township. A "combined single limit" policy in the amount
required by this Code section shall satisfy this Code section. The
operator of each limousine shall be covered by the insurance requirements
herein referred to.
(2)
All limousine business licenses and limousine vehicle licenses shall
be effective and operative only as long as such insurance policy or
policies remain in force and effect.
L.
Transfer of limousine vehicle license. Limousine vehicle licenses
may be transferred from one vehicle to another belonging to the same
limousine business license holder only after an application in writing
has been submitted to the Township Clerk, on forms provided, along
with a transfer fee of $10. Limousine vehicle license transfer applications
must be accompanied by proof that the license plates of the prior
limousine were surrendered to the appropriate motor vehicle agency,
and shall be accompanied by proof of insurance for the limousine vehicles
to which limousine vehicle licenses are transferred. All limousine
vehicles to which limousine vehicle licenses are transferred shall
be inspected by the Township Police Department to verify that the
limousine vehicle is in operational condition and complies with the
requirements of the New Jersey Motor Vehicle Law. Approval of the
Township Council shall not be required as a condition for the transfer
of limousine vehicle licenses under this section.
M.
Additional rules and regulations. In addition to the rules and regulations
set forth herein, the State of New Jersey and the Motor Vehicle Commission
have further statutes, rules and regulations with regard to the operation
of limousines and the conduct and licensing of operators thereof.
The Township Council may, by resolution, make such rules and regulations
in relation to the operation of limousines and the conduct of operators
thereof as they may determine to be necessary and proper in the best
interests of the Township. A certified copy of any such resolution
shall be forwarded to all licensees within 10 days following adoption.[2]
[2]
Editor's Note: Original Section 8-10, Limousine
driver's license, amended by Ord. No. 87:17 and Ord. No. 91:12, which
immediately followed this section, was repealed by Ord. No. 98:37.
[Added 9-17-2013 by Ord. No. 2013:27]
A.
It shall be a violation of this chapter for any person, firm, or
corporation to:
(1)
Operate a limousine without a license issued by the Township;
(2)
Knowingly permit a driver to operate a limousine without a validly
issued driver's license or a validly issued commercial driver
license if required pursuant to N.J.A.C. 13:21-23.1;
(3)
Fail to have filed an insurance policy in the amount of $1,500,000
which is currently in force as provided in N.J.S.A. 48:16-14 or in
the amounts required pursuant to section N.J.S.A. 48:16-22.4; or
(4)
Operate a limousine in which the number of passengers exceeds the
maximum seating capacity as provided in N.J.S.A. 48:16-13 or Section
2 of N.J.S.A. 48:16-13.1.
