[HISTORY: Adopted by the Mayor and Council
of the Borough of Rockaway 11-14-1991 by Ord. No. 31-91. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Rockaway, New Jersey.
The Borough Clerk of the Borough of Rockaway, New Jersey.
Includes any person who, while occupying any taxicab, drives,
conducts and directs the actual mechanical operation thereof, whereby
passengers are transported therein for hire.
Includes any motor vehicle (other than a bus, taxicab or
motor vehicle used in the conduct of a funeral) which is owned and
used for the purpose of transporting passengers for hire and which
is hired by a specific charter or for a particular contract or by
the day or other fixed period and for which there is a fare or price
agreed upon in advance between owner or operator and passenger.
Includes any person who owns, directs, conducts or is in
charge of the actual operations of any taxicab business or of any
taxicab, either as owner, manager, driver or otherwise.
Includes any person who holds legal title to any taxicab,
any conditional vendee or lessee or any other person having an interest
in said vehicle which shall entitle him to the immediate right of
possession thereof.
Includes any individual, partnership or corporation, singular
or plural, unless the contrary is clearly expressed.
Includes a section of a public street or other public place
set apart for the exclusive use of a designated number of taxicabs.
Such section shall be distinctly marked by appropriate metal signs
as required by motor vehicle and traffic regulations of the State
of New Jersey. A "taxicab stand" may be further identified by appropriate
markings and lettering upon the surface of the street or public place.
Includes any motor vehicle, other than a bus or livery, which
is operated or engaged in the business of transporting passengers
for hire.
Except as hereinafter set forth, no taxicab
or livery shall be driven or operated within the Borough or shall
be used or engaged in the business of transporting persons for hire
until the owner thereof shall have first obtained a license therefor
from the Borough. The provisions of this section shall not apply to
out-of-town operators who may deliver passengers in Rockaway or pass
through the Borough.
No person shall drive or operate or cause to
be driven or operated any taxicab or livery in the Borough until such
person shall have obtained a license therefor from the Borough as
hereinafter set forth.
The examination, licensing, regulation and inspection
of taxicabs and liveries, the examination and licensing of applicants
or owners' and drivers' licenses and the enforcement of all the provisions
of this chapter shall be under the control of the Council, and said
Council shall have the power to approve, deny, suspend or revoke any
taxicab, livery or driver's license for cause as hereinafter provided.
All applications for licenses under this chapter
shall be made, in writing, on forms to be provided by the Borough.
Any subsequent change of address of any owner
or any change in the name or address of any operator or driver shall
be reported by the owner, operator or driver to the Borough Clerk,
in writing, within three days after such change, and the Borough Clerk
shall immediately report such changes of address to the Council.
A.
No owner of any licensed taxicab or livery shall sell,
lease, rent, assign, hire, transfer or in any other manner dispose
of such taxicab or livery or any taxicab or livery business without
notification to the Council; and no owner of any licensed taxicab
or livery shall sell, lease, rent, assign, hire, transfer or in any
other manner dispose of any taxicab or livery license without first
obtaining proper transfer of the license.
B.
In the event that any licensed owner shall acquire
a vehicle during any license period which is intended to be used as
a substitute for one previously licensed, the owner thereof shall
immediately notify the Council of the Borough of Rockaway, in writing,
of such substitution and apply for a transfer of the license from
the previously licensed vehicle to the one to be substituted therefor.
Subject to the provisions of this chapter and the payment of the transfer
fee, the Council may, in its discretion, approve the transfer of such
license.
C.
During the period subsequent to such notification
and prior to the approval or disapproval by the Council of the transfer
of the license to permit the operation of such substituted vehicle,
the owner may operate such substituted vehicle or cause the same to
be operated, subject to the other provisions of this chapter.
D.
Nothing herein contained, however, shall be construed
as authorizing any person who is not presently licensed as an owner
to operate or permit the operation of any taxicab or livery owned
by him, as herein defined, prior to the granting to him of an owner's
license; nor does it authorize the operation by a licensed owner of
any additional vehicle for which no owner's license has been granted,
pending approval by the Council.
No owner of any taxicab or livery shall hire
out or rent the same to any other person for use as a taxicab or livery
within the Borough for a stipulated sum and for a definite period
of time without the consent of the Council of the Borough.
No owner of any taxicab or livery shall permit
the same to be driven as such by any person other than a person licensed
to drive the same by the Borough.
No taxicab or livery license shall be approved
or issued until said taxicab has been thoroughly inspected and is
found to be in a clean and sanitary condition and mechanically safe
for the transportation of passengers. Inspections shall be made in
May and shall be made by the Rockaway Borough Police Department. The
Borough Clerk shall keep a record of such inspections.
If, upon inspection, a taxicab or livery is
found to be unsafe for the transportation of passengers or unclean
and unsanitary, the license for the same shall be refused or, if already
issued, may be revoked or suspended by the Council.
[Amended 10-10-2019 by Ord. No. 19-19]
A.
No limousine operation shall be conducted on any street in the Borough
of Rockaway unless such limousine operation is being undertaken in
compliance with the insurance provisions of N.J.S.A. 48:16-14.
B.
The owner of the limousine operation shall file with the Borough
Clerk an insurance policy which shall be issued by an admitted insurance
company duly licensed to transact business under the insurance law
of this state or a company registered to do business in this state,
the policy providing for not less than $1,500,000 of motor vehicle
liability insurance coverage to satisfy all claims for damages by
reason of bodily injury to, or the death of, any person or persons
resulting from, or on account of any accident by reason of the ownership,
operation, maintenance, or use of such limousine upon any public street.
C.
The statutory insurance policy issued for the term of the license
shall be delivered to the Borough Clerk with every application for
or renewal of a limousine license. The Borough of Rockaway shall be
named as additional insured on the insurance policy and the policy
shall contain an endorsement requiring the insurance carrier to provide
written notice to the Borough of any changes made to the policy at
any time and with 30 days' advance notice of any proposed cancellation/termination
of the policy.
D.
No accord certificates will be accepted. The full policy, including
the declaration page setting forth each and every vehicle and every
driver which is insured by such policy, and all subsequent endorsements
issued by the insurance company are required to be submitted with
each application for a license and/or renewal thereof.
E.
The license shall be effective only so long as the statutory insurance
policy shall remain in full force to the full and collectible policy
limits as required by statute.
F.
In the event of the expiration, cancellation, or other termination
of the statutorily required insurance, any and all limousine licenses
or limousine drivers' licenses having been issued by the Borough
of Rockaway shall terminate immediately and automatically upon the
effective date of the expiration, cancellation or other termination
of such insurance or upon the Borough's notice thereof, whichever
comes first.
G.
If within two business days of the termination of any such license the holder provides the Borough Clerk with notice in writing from the insurance company of record with the Borough that the insurance coverage has been reinstated or with notice consistent with the provisions of § 227-12A, B, C and D that a new policy of insurance has been purchased, the Borough Clerk may, with the approval of the Borough Attorney, reinstate the terminated licenses for the remainder of the licensing period.
H.
This section shall not abrogate or relieve a license holder from
any duty or requirements of the insurance laws or the motor vehicle
financial responsibility laws of this state.
A.
For every taxicab and livery for which a license is issued by the Borough, the owner thereof shall pay to said Borough annually a fee as provided in Chapter A263, Fees.
B.
Every license shall expire at 12:00 midnight on May
31 of the year for which the same is issued.
C.
All fees shall be paid to and the licenses shall be issued by the Borough Clerk. In the event that any applicant for a taxicab or livery owner's license fails to qualify, the sum as provided in Chapter A263, Fees, will be returned to the applicant. The balance of said sum will be retained by the Borough as a reasonable charge for servicing and processing the application.
Whenever a taxicab license is granted, the Borough
Clerk shall also issue a card containing the name of the owner, the
license number of the vehicle, the year of issue and the rates of
fare as herein provided. Such card shall be inserted in a card rack
or frame to be provided by the owner and attached in the inside of
the taxicab visible to the passenger.
Upon issuance of a livery license, the Borough
Clerk shall issue to the licensee a card containing the name of the
owner, the license number of the vehicle and the year of issue. Said
card shall remain in the livery for which issued and shall be exhibited
by the driver or owner thereof upon request.
Any license issued for any taxicab or livery may be transferred in accordance with the provisions of this chapter after approval of the Council and upon the payment to the Borough of a transfer fee as provided in Chapter A263, Fees, for each vehicle for which the license is to be transferred.
A fee as provided in Chapter A263, Fees, shall be paid for each driver's license and for each and every renewal thereof. Every driver's license shall expire at 12:00 midnight on May 31 of the year for which it is issued. Such fee as provided in Chapter A263, Fees, shall be paid to the Borough Clerk at the time the application for the license is made. In the event that any applicant for a driver's license fails to qualify, the sum as provided in Chapter A263, Fees, will be returned to the applicant. The balance of said sum will be retained by the Borough as a reasonable charge for servicing and processing the application.
Every applicant for a driver's license hereunder
shall be:
A.
A resident of the State of New Jersey at the time
of making application.
B.
The holder of a New Jersey auto driver's license.
C.
Able to understand, read and write the English language.
D.
In possession of a satisfactory knowledge of traffic
regulations and geography of the Borough and its surroundings.
E.
In good physical and mental condition, as well as
of good character.
F.
At least 21 years of age.
No person will be granted a driver's license
hereunder who shall:
A.
Be physically impaired in a manner to affect his ability
to drive.
B.
Be addicted to the use of drugs or intoxicating liquors.
C.
Have a record as a habitual violator of the provisions
of the New Jersey motor vehicle and traffic regulations.
D.
Have a record of having been involved in accidents
occasioned by his negligence or carelessness.
E.
Have been convicted of operating a motor vehicle while
under the influence of drugs or intoxicating liquor or of reckless
driving, unless a determination is made that such offense(s) should
not be used as grounds for disqualification based upon consideration
of the nature, circumstances and seriousness of such offense(s), age
at the time of the offense(s), evidence of rehabilitation and other
pertinent factors.
F.
Have been convicted of a crime which relates adversely
to the business for which a license is sought, which shall be determined
in accordance with N.J.S.A. 2A:168A-2, based upon consideration of
the following factors or any other factors:
(1)
The nature and duties of the business for which a
license is sought.
(2)
The nature and seriousness of the crime.
(3)
The circumstances under which the crime occurred.
(4)
The date of the crime.
(5)
The age of the person when the crime was committed.
(6)
Whether the crime was an isolated or repeated incident.
(7)
Social conditions which may have contributed to the
crime.
(8)
Any evidence of rehabilitation, including good conduct
in prison or in the community, counseling or psychiatric treatment
received, acquisition of additional academic or vocational schooling,
successful participation in correctional work-release programs or
the recommendation of persons who have or have had the applicant under
their supervision.
A.
Every applicant for a taxicab driver's license shall
furnish with his application three copies of a photograph of himself,
of a size two inches by two inches, taken within six months of the
date of such application.
B.
Every applicant for a taxicab driver's license shall
also furnish with his application a certificate of a reputable physician
certifying that said physician has examined the applicant within the
thirty-day period preceding the date of said application and that
said applicant is of sound physique, has good eyesight and is not
subject to epilepsy, vertigo, heart ailment or any other infirmity
of the body.
C.
Said applicant shall further present proof that, within
the thirty-day period preceding the date of said application, he has
undergone and satisfactorily passed a test indicating that his faculties
of perception are unimpaired and of a degree sufficient to permit
him to properly operate a taxicab without endangering persons or property
by reason of lack of perceptive ability or impairment thereof.
D.
Every licensed taxicab driver who has complied with
the provisions of this section and who renews his taxicab driver's
license annually thereafter shall not be required to again furnish
a certificate of fitness until he presents his third successive annual
application for renewal of such license, when he shall again present
with his application a certificate indicating his fitness to operate
a taxicab as hereinabove required; provided, however, that every person
of the age of 65 years or older shall, when applying for a taxicab
driver's license or renewal of any such license, annually present
proof of his fitness, as hereinabove set forth, with his application
for such license or renewal.
Every application for a driver's license, together
with the other materials and information required to be furnished
in connection therewith under the provisions of this chapter, shall
be presented by the Borough Clerk to the Council of the Borough of
Rockaway. The Council shall then consider said application, together
with the information submitted therewith, and shall approve or disapprove
the granting of the license. The Council shall notify the Borough
Clerk of its action, and the same shall be entered in the minutes
of the Borough Council.
A.
Upon satisfactory fulfillment of the requirements
herein set forth and approval by the Council, the Borough Clerk shall
issue a driver's license to the applicant.
C.
While engaged as a taxicab driver, such licensee shall
insert said identification card in a card rack or frame, to be provided
by the owner of the taxicab which is being driven and attached on
the inside of the vehicle in a place readily visible to the passengers.
Said rack or frame shall be of a type which will not conceal any of
the information set forth on the driver's identification card. The
driver shall be responsible for transferring his identification card
to the taxicab being operated by him at the time.
D.
While engaged as a livery driver, such licensee shall
have his identification card in his possession and shall exhibit the
same upon request.
The Council may suspend or revoke said driver's
license as determined under the circumstances to be appropriate in
the interest of the public safety and welfare if at any time after
the issuance of any driver's license hereunder the holder thereof
is convicted of:
A.
A crime or offense which relates adversely to the business for which the license is held, as determined, in writing, according to consideration of the factors specified in § 227-19F.
B.
Operating any motor vehicle while under the influence
of any drug or intoxicant.
C.
Reckless driving.
D.
Habitual violations of the provisions of the New Jersey
motor vehicle and traffic laws or the parking and traffic regulations
of the Borough of Rockaway.
E.
Violating any of the provisions of this chapter.
F.
Using or permitting the use of any taxicab driven
by him or her for any illegal or immoral purpose.
If the Chief of Police shall approve a driver's
license and all other requirements of this chapter relating to the
application for a driver's license have been complied with, including
the payment of the license fee, the Borough Clerk may issue to an
applicant a temporary permit to enable said applicant to drive a taxicab
until the Council shall have considered said application and either
granted or rejected the same. Such temporary permit shall immediately
expire after consideration of said application by the Council and
the approval or rejection of the same.
The license of any owner of a taxicab may also
be suspended or revoked if said owner permits the use of the same
for any illegal or immoral purpose or for violation of any provisions
of this chapter.
The Council is hereby authorized to designate
by ordinance, as provided in the motor vehicle and traffic regulations
of the State of New Jersey, public taxicab stands at such places as,
in its judgment, public convenience may from time to time require;
and such public taxicab stands shall be designated in the manner required
by law. A metal sign or signs shall also be attached to a stanchion
or stanchions at the curb or displayed at some other conspicuous place
adjacent to every such taxicab stand, setting forth the number of
taxicabs which are permitted to occupy such stand. Not more than the
number of taxicabs set forth on the metal sign may remain at the stand
while awaiting employment. Taxicab stands may further be designated
by appropriate markings on the street pavement.
No taxicab driver shall be permitted to solicit
patronage on any of the streets or public places in the Borough, except
at the designated stands or locations created by ordinance.
No taxicab, while waiting for employment by
passengers, shall stand on any public street or space other than at
or upon a taxicab stand designated or established in accordance with
this chapter; nor shall any driver of such taxicab seek employment
by repeatedly or persistently driving a taxicab to and fro in a short
space before or by otherwise interfering with the proper and orderly
access to and egress from any public building or other place of public
gathering.
No owner or driver of any taxicab or livery
shall use indecent or profane language, indulge in any loud, offensive
or boisterous talk or shouting, engage in any disorderly conduct or
vex or annoy passengers or citizens. In addition to any other penalty
herein set forth, the Council may suspend or revoke the license of
any driver or owner who shall, in its opinion, be guilty of such conduct.
No owner or driver of any taxicab or livery
licensed hereunder shall induce any person to employ him or his vehicle
by knowingly misinforming or misleading any person, nor shall any
driver convey any passenger to any place or by any route other than
the most direct route unless otherwise directed by said passenger.
The driver of any taxicab or livery shall, immediately
after the termination of any hiring or employment, carefully search
his taxicab for any property lost or abandoned therein. Such property,
unless sooner claimed by or delivered to the owner, must be delivered
to the Chief of Police for safekeeping within 24 hours after the finding
thereof.
A schedule of taxicab fares must be filed with
the Borough and posted in the section of the vehicle used for passengers
and in such a position as to be easily read. Letters and numerals
at least 3/8 inch high shall be used in posting this schedule.
No change shall be made in excess of that filed with the Borough and
posted in the vehicle.
