[Editor's Note: Prior ordinances codified herein
include portions of Ord. Nos. 1424, 1609, 1727, 1972.]
[Ord. #2218, § 1]
The purpose of this chapter is to provide for the licensing
and regulation of taxicabs and taxicab drivers in the Township of
Lyndhurst to preserve and protect the public safety and welfare.
[Ord. #2218, § 2]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean a license issued by the township clerk, or her
designee, to a person to drive a taxicab within the Township of Lyndhurst.
Shall mean any individual, corporation, partnership, unincorporated
association or other legal entity.
Shall mean a license issued by the township clerk or her
designee, to a person to maintain and operate a vehicle or vehicles
to be used for taxicab/autocab business.
Shall mean any motor vehicle with a carrying capacity of
not more than nine passengers, not including the driver, commonly
called a "taxi" or "taxicab", used in the business of carrying passengers
for hire which is held out, announced or advertised to operate or
run or which is operated or run over any of the streets within the
Township of Lyndhurst and particularly accepts and discharges such
person or may offer themselves for transportation from point or places
within or outside the township.
[Ord. #2218, § 3]
a.
Taxicabs. No person shall pick up for hire any person in the Township
of Lyndhurst unless the taxicab and the driver thereof are licensed
pursuant to the terms of this chapter.
b.
No taxicab license may be transferred or assigned to another vehicle
unless there is consent given by the board of commissioners, upon
recommendation of the chief of police.
[Ord. #2218, § 3]
No person who owns a taxicab required to be licensed under this
chapter shall allow a person to operate such taxicab unless such person
is licensed to operate such vehicle in accordance with this chapter.
It shall be the obligation of the owners of a taxicab to determine
whether such operator is licensed hereunder. It shall be a violation
of this chapter for both the owner and the operator of a taxicab,
if the operator is not licensed properly.
[Ord. #2218, § 4; Ord. #2872-12, § 3]
a.
The annual taxicab license fee shall be $60 per year per vehicle
and shall be effective from January 1 to December 31 of each calendar
year or part thereof, and shall be apportioned as follows: Application/licensing
fee — $35 per vehicle Inspection fee — $25 per vehicle
(non-refundable)
At the time of submitting an application, the proposed licensee
shall pay $25 nonrefundable inspection fee, whereupon if the vehicle
passes inspection, the $35 application/license fee shall be paid within
five days of such time on notice of such vehicle passing such inspection,
whereupon a license will be issued immediately. The township shall
not inspect any vehicle wherein such application review discloses
that no such license can be issued hereunder. In the event that the
vehicle fails inspection the $25 fee shall not be refunded, and there
shall be an additional $25 inspection fee for any additional inspection.
Written notice of the results and determination of any inspection
or reinspection shall be forwarded within three business days of such
inspection.
For the purpose of this chapter and this section, "inspection",
"reinspection", and "spot inspection", as the case may be, shall mean
any physical inspection of the subject vehicle to determine compliance
with this chapter, including riding in the subject vehicle.
b.
The annual operator's license fee shall be $25 and shall be
effective from January 1 to December 31 of each calendar year or part
thereof.
d.
Such inspection shall be made within 20 days of the date of application
properly filed with the office of the township clerk. In the event
that a vehicle is not inspected within said twenty-day period, or
the applicant misses or cancels two appointments to inspect such vehicle,
such vehicle shall be deemed to have failed the inspection and the
inspection fee of $25 shall be forfeited.
e.
Taxicab and operator's licenses are renewable upon payment of
the annual fee and the filing of an annual renewal application by
December 31 of the preceding year, subject to compliance with all
other provisions of this chapter.
f.
Any licensed taxicab must be relicensed by January 10 of the following
year may be submitted after December 1st. It is expressly noted that
no vehicle, regardless of whether it has been in service before, may
operate in the Township of Lyndhurst without a new license after said
January 10th.
The township clerk shall make such rules and regulations to
effectuate the licensing procedure and the scheduling of inspections
or reinspection.
[Ord. #2218, § 5; Ord. #2872-12, § 3]
Every applicant for a taxicab license or operator's license
shall make application therefor on forms furnished by the township
clerk, and the same shall be complete and verified under oath and
filed with said township clerk.
a.
Applicants for a taxicab license shall furnish the following information
and any such information that from time to time is deemed necessary
on forms supplied by the township clerk:
1.
The corporate or trade name of the applicant and the address of the
applicant from which the taxicab business shall be conducted.
2.
The names and addresses of all stockholders of said business.
3.
The year, type and model, vehicle identification number and registration
of the vehicle for which the license is desired.
4.
Evidence of insurance as required by law.
5.
The number of persons the vehicle is designed to carry.
6.
The minimum intended hours per day of operation of the vehicle.
b.
Applicants for an operator's license shall furnish the following
information on forms provided by the township clerk:
1.
The name and address of the applicant.
2.
The age, height and color of eyes and hair.
3.
A copy of the applicant's New Jersey driver's license.
4.
Whether the applicant has ever been convicted of any crime of the
first, second, third or fourth degree.
5.
A passport-type photograph (front view) taken within 30 days of the
application.
[Ord. #2218, § 6; Ord. #2872-12, § 3]
[Ord. #2218, § 7]
a.
The board of commissioners do hereby designate the township clerk
or such designee as he/she chooses, to issue taxicab licenses. Such
taxicab licenses shall be issued to all applicants who are fit, willing
and able to perform such public transportation as required herein,
and conform to the provisions of this chapter, including payments
of proper fees and inspection of the licensed vehicle.
b.
The approval of an application by the board of commissioners shall
constitute municipal consent pursuant to N.J.S.A. 48:16-2.
c.
No vehicle license shall be issued hereunder except upon certification
and proof that the owner of the vehicle to be licensed has at least
one driver/operator licensed hereunder.
d.
No taxicab license shall be issued to any person who conducts such
taxicab business at a location within the Township of Lyndhurst, except
upon proof that such location is zoned to permit such business to
be conducted from such location.
[Ord. #2218, § 8]
a.
Vehicle listed on the license may be substituted or replaced by other
vehicles only after written authorization is granted by the township
clerk or his/her designee and payment of a transfer fee of $10.
b.
No license may be sold, assigned or otherwise transferred without
consent of the governing body.
[Ord. #2218, § 9]
a.
The chief of police or his designee, upon consideration of an application
for an operator's license and the report made thereon, shall
approve or reject the application. In the event that an application
is approved, the chief of police or his designee shall advise the
township clerk to issue an operator's license. In the event that
an application is rejected, the chief of police or his designee shall
advise the applicant. No licenses shall be issued in the case of any
applicant:
1.
Whose New Jersey driver's license to operate a motor vehicle
is suspended or revoked.
2.
Who has been convicted of any crime involving dishonesty or moral
turpitude within three years of the date of application.
3.
Who shall have previously been convicted of driving an automobile
resulting in death to any person.
4.
Who shall have been convicted of driving a motor vehicle while impaired
or under the influence of intoxication, liquor or drugs within five
years of the date of the application.
b.
Upon the approval of an application for an operator's license
by the chief of police or his designee, the township clerk shall issue
a license upon which shall appear the name, age, height, color of
eyes and hair of the holder thereof, employer and a photo of the applicant.
[Ord. #2218, § 10]
a.
Each holder of a taxicab license shall post said license in a conspicuous
position on the taxicab which shall be in plain view of all passengers,
and a copy of said license shall be affixed on the passenger's
side front windshield which is visible to all passengers.
b.
Each holder of an operator's license shall post said license
in a conspicuous position in the taxicab which shall be in plain view
of all passengers.
c.
In addition to the above requirements, each taxicab license under
this chapter shall affix to the driver's side, lower portion
rear windshield, a sticker provided by the township and containing
such language as the township deems appropriate, which shall certify
that such taxicab is licensed under this chapter.
d.
All such licenses and sticker are the property of the Township of
Lyndhurst and shall be surrendered upon demand of the town.
e.
Any person displaying any license or sticker which the township has
demanded be surrendered or returned to the township, shall be in violation
of this chapter.
[Ord. #2218, § 11]
a.
The chief of police, or his designees, may from time to time conduct
investigations to determine that all licenses comply with the provisions
of this chapter. A taxicab license issued hereunder may be suspended
or revoked by the chief of police, or his designees, if the holder
has:
1.
Failed to operate the licensed vehicle for more than 10 days, unless
for good cause shown.
2.
Violated any township ordinance or state or federal law, the violation
of which reflects unfavorably on the fitness of the licensee to hold
a taxicab license.
3.
Failed to keep in force the insurance policy and power of attorney
as required by state statute.
4.
Sold, assigned or otherwise transferred the license without prior
permission of the chief of police or his designee.
5.
Failed to keep a taxicab vehicle in a safe and sanitary condition.
7.
Charged in excess of the fee/rate schedule that is on file.
8.
Failed to have the licensed vehicle inspected at a "spot inspection",
when requested.
9.
Operates a taxicab business from a Lyndhurst location in violation
of the applicable zoning laws.
10.
Allows a person to operate a taxicab or limousine without an operator's
license.
b.
Whenever the holder of more than one taxicab license shall be suspended
for a violation of a section of this chapter, the chief of police
or his designees shall have the right to also suspend all other licenses
held by the same person.
c.
Prior to suspension or revocation, the licensee shall be given written
notice of the proposed action to be taken and the reasons therefor,
and he shall have an opportunity to be heard before the chief of police
or his designees.
d.
Before any revocation of a license or suspension shall become effective,
the holder thereof may appeal the decision to the board of commissioners
within 15 days of the receipt of notice of the intended action.
e.
Any vehicle license that is suspended and/or revoked, wherein the
suspension and/or revocation is based upon the condition of the taxicab
which is in violation of this chapter, shall only be relicensed or
reinstated upon such vehicle being reinspected and payment of the
application fees, including a reinspection fee of $25 and the application
fee of $35, if applicable.
f.
Any licensed vehicle which is called in for a "spot inspection" to
determine compliance with this chapter shall not be subject to an
inspection fee for such inspection. For the purpose of this subparagraph
a "spot inspection" shall mean an inspection conducted/performed to
a vehicle already licensed in order to insure that the vehicle is
in conformity with this chapter.
[Ord. #2218, § 12]
a.
An operator's license issued hereunder may be suspended or revoked
by the chief of police, or his designees, for failure to meet or continue
to meet any of the provisions of this chapter, including being unable
to presently qualify to hold such a license for any reason articulated
in this chapter.
b.
Except as provided in paragraph c below, before any revocation of
a license or suspension shall become effective, the holder thereof
may appeal the decision to the board of commissioners within 15 days
of the receipt of notice of the intended action.
c.
Whenever the chief of police or his designees, determine that the
acts or condition of a taxicab operator constitute an imminent danger
to or jeopardize the public safety, he may suspend immediately the
license of said individual; provided, however, that a hearing shall
be held if requested by the licensee before the board of commissioners
on such action within five days of the suspension.
d.
The discharge of a driver by his employer shall automatically suspend
the operator's license. No fee will be charged for an operator's
license if the same individual is rehired by another licensed taxicab
operator licensed in the Township of Lyndhurst during the same calendar
year.
[Ord. #2218, § 13]
a.
No taxicab shall be issued unless the vehicles meet all the requirements
and standards of the New Jersey Division of Motor Vehicles and carry
a current inspection sticker issued by said division. If the New Jersey
Division of Motor Vehicles or any authorized inspection agency of
the state, upon inspection of any vehicle regulated by this chapter,
does not "pass" inspection, such vehicles shall not be permitted to
operate within the township until they have successfully passed inspection.
b.
All taxicabs shall meet the requirements set forth below and shall
continue to meet the requirements set forth below for the entire licensing
period.
1.
A minimum of four operable side doors, two leading into the driver's
compartment and two leading into the passenger's compartment.
Each door shall have an approved operable safety lock and shall be
so constructed that it may be opened from the inside and outside when
engaged.
2.
A passenger compartment light adequate to illuminate the interior
of the passenger's compartment.
3.
Each taxicab shall bear on the outside of each rear or front door,
in painted letters not less than three inches in height, in contrasting
colors, the name of the owner of the taxicab, the public telephone
number of the company or owner and the number of the taxicab if the
company operates more than one vehicle. Each taxicab licensed under
this chapter shall be uniform in color, except for two-tone vehicles
or the like, and body panels shall not be mismatched.
c.
1.
The interior of each vehicle operating under this chapter shall be
kept in a safe and sanitary condition, and shall be free from dents,
missing parts, or other unsightly conditions.
2.
The interior and upholstery of each vehicle operating under this
chapter shall be kept in a safe and sanitary condition and free from
broken parts.
[Ord. #2218, § 14]
b.
No taxicab driver shall charge fees in excess of the fee/rate schedule
that is on file with the chief of police, and the township clerk.
c.
All drivers shall comply with all township, state and federal laws.
d.
All drivers shall comply with all reasonable and lawful requests
of passengers as to the route of the vehicle.
e.
Any motor vehicle accident involving a taxicab licensed by Lyndhurst
and causing injury to a person or to property of another in excess
of $100 shall be reported immediately by the driver to the chief of
police or his designees regardless of where the accident occurred.
f.
The owner and operator of each taxicab shall keep a daily record
recording all trips made by each taxicab showing the time and place
of origin and destination of each trip and amount of fare. All such
records shall be retained by the owner for one year, who shall be
responsible for the maintenance of daily records of all cabs owned
by him. Said daily records may be reviewed at any time by the chief
of police, or his designees, the purpose of assuring that there is
compliance with this chapter.
[Ord. #2218, § 15]
Any person applying for any license hereunder who shall have
such application denied, or any person issued any license hereunder
who shall have such license revoked or suspended, or who is any way
aggrieved by any decision of the chief of police, or his respective
designees, shall have the right to appeal such decision or determination
to the board of commissioners of the Township of Lyndhurst within
15 days of notice of such decisions or determination. Such person
shall file such appeal by giving notice thereof to the township clerk,
which notice shall include a written statement setting forth the basis
of such appeal. The board of commissioners shall conduct a public
hearing within ten business days of such notice, and render a decision
within five business days of such hearing. The board of commissioners
may affirm or reverse such decision or determination or remand the
matter back to the chief of police or his designee in conformity with
any determination made by the board of commissioners at such hearing.
Nothing herein shall affect or limit the chief of police, or his respective
designees from having any violation of this chapter brought to the
attention of the municipal court. The board of commissioners shall
have no jurisdiction to hear any matter which was or is the subject
of a matter that was heard or is pending in the Lyndhurst municipal
court.
[Ord. #2218, § 16]
a.
Upon the effectiveness of this chapter, no person or taxicab company
shall operate a taxicab service before such taxicab company files
the fare schedule (rate schedule), which schedule shall include all
costs, surcharges, etc., for taxi services, with the township clerk,
the chief of police and/or his designees. The taxicab company has
the option of either establishing fares based on mileage and waiting
times or based on a flat fee schedule or some other equitable formula.
Said rate schedule may set a maximum and minimum fare in or between
zones. Whenever such person or taxicab company shall submit an amended
fare schedule to the township clerk, and the chief of police, such
new rates shall not be effective until approved by the board of commissioners.
Notice of said new rates shall also be posted in all taxicabs 30 days
prior to its effectiveness. Notwithstanding the foregoing, the chief
of police or his designees, shall from time to time, require all licensees
to complete rate sheets by inserting the fares to be charged between
various points of passage. Such rate sheets shall be the maximum fare.
b.
Prior to the transportation for hire of any person, the customer
shall be told the rate of fare for a trip or, if such trip is based
upon the mileage factor, the rate of fare for each mile or fraction
thereof.
c.
All taxicabs shall have posted within the taxicab, in view of the
passenger, a card which shall read as follows: "Passengers shall be
advised of the rate of fare prior to the commencement of the trip."
d.
All taxicabs shall have posted within the taxicab, in view of the
passenger, a fare schedule of all rates imposed.
[Ord. #2218, § 17]
It shall be unlawful for any person to refuse to pay the legal
fare after having hired the taxicab.
[Ord. #2218, § 18]
Any person who shall violate any of the provisions of this chapter,
upon conviction thereof, shall be punished by a fine not less than
$100 and not exceeding $1,000, or by imprisonment in the county jail
for period not to exceed 90 days, or shall be required to perform
community service for a period not to exceed 90 days, or both.
Any person who is convicted of violating any section of this
chapter within one year of the date of a previous conviction of the
same section, and who was fined for the previous violation, shall
be sentenced by the court to an additional fine as a repeat offender.
The additional fine imposed by the court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of this chapter, but shall be calculated separately
from the fine imposed for the violation of the chapter.
