[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 3-18-1987 by Ord. No. 1767. Amendments noted where
applicable.]
The following words and phrases when used in
this chapter have the meanings as set out herein:
A public hearing at which the licensee shall be given an
opportunity to appear personally and be represented, by his chosen
counsel, and be heard and to present evidence on his behalf or otherwise
answer the charges against him.
A person to whom a limousine or livery license has been issued.
The Inspector of Licenses in the Department of Public Affairs.
Any person holding a valid, current New Jersey special driver's
license to operate a motor vehicle carrying six or more passengers.
A vehicle which has been issued livery license plates by
the State of New Jersey, is used exclusively to carry passengers for
hire, does not have an established route and which is constructed
and designed as to comfortably seat not more than nine passengers
excluding the operator of the vehicle.
Any individual, a corporation or other legal entity, a partnership
or any incorporated association, but does not include a child of less
than six years of age.
To sell, transfer or in any other manner dispose of a limousine
or livery license. Where the license is in the name of a corporation
or other legal entity, any change in control of the holder shall constitute
a transfer of the license held in the name of said corporation or
other legal entity. The Director of the Department of Public Safety
shall determine what constitutes a change in control.
A.
In order to ensure the safety of the public, it shall
be unlawful for the holder to operate or cause to permit a limousine
or livery vehicle to be operated, nor shall any license be issued
hereunder, until and unless the applicant shall have complied with
the provisions of N.J.S.A. 48:16-13 to 48:16-27 and the acts amendatory
thereof or supplemental thereto, which require an insurance policy
of a company duly licensed to transact business under the insurance
laws of the state conditional for the payment of a sum of a minimum
of $50,000 or such additional minimum amount as may be specified in
New Jersey statutes to satisfy all claims and damages by reason of
bodily injury to or the death of any one person resulting from an
accident by reason of the ownership, operation, maintenance or use
of such limousine or livery upon any public street. The owner shall
furnish the License Inspector with evidence that the aforesaid provision
has been complied with and that the premium for the full period of
the licensing year has been paid. Each policy shall contain an endorsement
providing for 30 days' written notice from the insurance company to
the Town of West New York in the event of any change in the policy
or cancellation of the policy. Each limousine or livery license shall
become effective and operation thereunder shall be permitted only
so long as the insurance policy shall remain in force to the full
and collectible amounts as aforesaid.
B.
Each insurance policy shall provide for payment of
any final judgment recovered by any person on account of the ownership,
maintenance or use of the limousine or livery vehicle or any fault
in respect thereto and shall be for the benefit of every person suffering
loss, damage or injury as aforesaid.
C.
If an owner operates more than one limousine or livery
vehicle, he may file with the Licensing Officer a blanket insurance
policy of a company licensed to transact business under the laws of
New Jersey in the minimum sum of $50,000, which shall be blanket insurance
covering all limousine or livery vehicles operated by such owner and
which shall provide for the payment of any financial judgment recovered
by any person on account of the ownership, maintenance and use of
any such limousine or livery vehicles or any fault in respect thereto
and shall be for the benefit of every person suffering loss, damage
or injury as aforesaid.
In addition to the insurance requirements as aforesaid, the owner of every limousine or livery vehicle shall execute and deliver to the Licensing Officer, concurrent with the filing of the insurance policy referred to in § 237-2, a power of attorney wherein the owner shall appoint the Town Clerk of the Town of West New York as his true and lawful attorney for the purpose of acknowledging service of process from a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed.
A.
No person shall operate or permit a limousine or livery
vehicle owned or controlled by him to be operated as a vehicle for
hire upon the streets of the Town of West New York without having
first obtained a limousine or livery license from the State of New
Jersey and a limousine or livery license from the License Inspector
of the Town of West New York.
B.
No license shall be issued or renewed unless the holder
thereof has paid an annual license fee of $350 for each limousine
or livery vehicle to be operated under that license. Said license
shall be for the year ending on December 31 and shall be in addition
to any other fee or charges established by proper authorities and
applicable to said holder for the vehicle or vehicles under his operation
and control.
[Amended 6-15-1994 by Ord. No. 47/94; 6-16-2010 by Ord. No. 13/10]
A.
Each person issued a limousine or livery operator's
license by the Town of West New York shall, as a condition to continued
maintenance of such license, submit each of his limousine or livery
vehicles for a full mechanical and vehicle inspection once each three
months during the one-year period of his license pursuant to a schedule
established by the Town of West New York. Such inspection shall be
conducted at the town garage by town mechanics.
B.
In the event that town inspectors report that any
vehicle is in need of repair, the licensee shall repair the same within
30 days of the inspection and shall resubmit the vehicle for inspection,
plus submit a written report or invoice specifying the services performed
and parts furnished to correct the condition noted in the prior inspection
report. The term "in need of repair" shall include but is not limited
to the following:
(1)
That the glass (windows and/or windshield) is cracked,
chipped or scratched or that the glass in the mirrors is cracked.
(2)
That the horn does not function properly so as to
produce a sound audible for 200 feet.
(3)
That the emergency brake does not hold the vehicle
when parked on a grade.
(4)
That the foot brake does not hold the vehicle when
parked on a grade and that it does not have sufficient reserve pedal.
(5)
That the headlights, taillights, stoplights and directional
lights do not turn on and off when operated by the controls in the
vehicle or are otherwise broken or defective.
(6)
That the windshield wipers do not rotate back and
forth with sufficient pressure when turned on and do not stop when
turned off by the controls in the vehicle.
(7)
That the tires have damage, ply separation, breaks
or cuts and do not have at least 2/32 inch of tire tread.
(8)
That a defroster does not function properly so as
to produce a temperature in excess of 50° F.
(9)
That any door for entering into or out of the vehicle
is damaged to the extent that it does not fully swing for convenient
passenger ingress or egress.
A.
Applications for a license shall be filed with the
License Inspector upon forms provided by the Town of West New York,
and said application shall be verified under oath and shall furnish
the following information:
(1)
The name and address of the applicant, where the applicant
is not a natural person, the name and address of all owners or participants
in the ownership of the legal entity and all officers, directors or
others of like position, whatever be their title.
(2)
The year, type and model of the vehicle for which
the license is desired.
(3)
The number of persons the vehicle is capable of carrying.
(4)
Such further information as the License Inspector
of the Town of West New York may require.
B.
The annual application for renewal of limousine or
livery licenses shall be filed not later than 30 days prior to the
expiration date.
If the Director of the Department of Public
Safety finds that the applicant is fit, willing and able to perform
such public transportation and in accordance with the provisions of
this chapter and the rules promulgated by the Director of the Department
of Public Safety, then the Director of the Department of Public Safety
shall order the Clerk of the municipality to 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 Director of the Department
of Public Safety shall take into consideration the character, experience
and responsibility of the applicant.
[Amended 6-15-1994 by Ord. No. 47/94]
No limousine or livery license may be sold,
assigned or otherwise transferred without the consent of the Director
of the Department of Public Safety and payment of a fifteen-dollar
transfer fee. No limousine or livery license shall be assigned, mortgaged,
pledged or otherwise transferred to secure a debt, loan, advance or
other financing transaction.
A.
Licenses issued under the provisions of this chapter
may be suspended or, after hearing, revoked by the Director of the
Department of Public Safety if the holder hereof had:
B.
Prior to revocation, the holder shall be given written
notice of the proposed action to be taken and the charges against
him and shall be given a hearing. Notwithstanding the use of the words
"suspend or, after hearing, revoke" in this chapter, the Director
of the Department of Public Safety may suspend and, after hearing,
revoke such licenses.
A.
No person shall operate a limousine or livery for
hire upon the streets of the Town of West New York and no person who
owns or controls a limousine or livery shall permit it to be so driven
and no limousine or livery licensed by the Town of West New York shall
be so driven at any time for hire, unless the driver of said limousine
or livery shall have first obtained and shall have then in force the
limousine or livery operator's license under the provisions of this
chapter and provided, further, that said driver shall be a holder
or servant, employee or agent of such holder.
B.
Every person applying for a license to drive a limousine
or livery vehicle must furnish satisfactory evidence that he has received
a limousine or livery license under the New Jersey State Motor Vehicle
Law.
C.
Each applicant for a limousine or livery license under
the terms of this chapter must conform to the following regulations:
A.
An application for a driver's license shall be filed
with the License Inspector on forms provided by the Town of West New
York. The application shall contain the following:
(1)
The full name and address of the applicant.
(2)
Places of residence for the preceding five years.
(3)
Age, height and color of eyes and hair.
(4)
Place of birth and whether married or single.
(5)
Previous employment and whether he has ever been convicted
of a high misdemeanor, misdemeanor, violation of the Disorderly Persons
Act or a violation of this chapter.
(6)
Whether a driver's license, issued by any state or
political subdivision thereof, ever held by him has been suspended
or revoked and for what cause.
B.
The applicant shall furnish four passport-type photographs
of himself taken within 30 days of the application, front view, two
inches by two inches in size.
C.
Each application must be accompanied by a certificate
from a licensed and practicing physician of the State of New Jersey,
certifying that the applicant has been examined on a certain date
and that, in his opinion, the applicant is of sound physique, with
good eyesight and not subject to epilepsy, vertigo, heart trouble
or any other infirmity of body or mind which might make him unfit
for the same operation of a limousine or livery vehicle. The examination
shall be within 30 days prior to the filing of the application. At
the time the application is filed, the applicant shall pay to the
License Inspector the sum of $30.
[Amended 6-15-1994 by Ord. No. 47/94; 6-16-2010 by Ord. No. 13/10]
The Police Department shall conduct an investigation
of each applicant for a driver's license, and a report of such investigation
and a copy of the traffic and police record of the applicant, if any,
shall be attached to the application for the consideration of the
Director of the Department of Public Safety.
The Director of the Department of Public Safety,
upon consideration of the application and the reports and certificate
required to be attached thereto, shall approve or reject the application.
If the application is rejected, the applicant may request a hearing
to offer evidence why his application should be reconsidered.
A.
Upon approval of the application for the driver's
license by the Director of the Department of Public Safety, the License
Inspector shall issue a license to the applicant, which shall bear
the name, signature and photograph of the applicant.
B.
Such license shall be in effect for the remainder
of the fiscal year ending December 31. The fee for such license shall
be $15, and the license for every year thereafter shall be issued
upon the payment of $5.
[Amended 6-15-1994 by Ord. No. 47/94]
C.
The license shall also contain the town license number
and a notice that, in case of any complaint, the Department shall
be notified of the license number of the driver. The license shall
bear the signature of the License Inspector.
The Director of the Department of Public Safety
is hereby given the authority to suspend any driver's license issued
under this chapter upon justified complaint of any person, including
a holder, for a driver failing or refusing to comply with the provisions
of this chapter; provided, however, that such suspension shall not
exceed 20 days. The Director of the Department of Public Safety is
also given the authority to revoke any driver's license for failure
to comply with the provisions of this chapter; provided, however,
that a license may not be revoked unless the driver has received notice
and a copy of the charges against him and has been given a hearing.
Notwithstanding the use of the words "suspend or, after hearing, revoke"
in this chapter, the Director of the Department of Public Safety may
suspend and, after hearing, revoke any such license.
Every driver licensed under this chapter shall
comply with all town, state and federal laws, the violation of which
reflects unfavorably on the fitness of such driver to engage in public
transportation; failure to do so will justify the Director of the
Department of Public Safety in suspending or, after hearing, revoking
the license. If, at any time within the licensed year, a driver has
been found guilty of a high misdemeanor, misdemeanor or has permitted
his vehicle to be used for any illegal or immoral purpose, the Director
of the Department of Public Safety may immediately suspend or, after
hearing, revoke the driver's license.
A.
No license shall be issued until said limousine or
livery vehicle has been thoroughly inspected and found to be in a
safe condition for the transportation of passengers and of good appearance.
B.
Every vehicle operating under this chapter shall be
periodically inspected, at such intervals as the License Inspector
may direct, to ensure the continued maintenance of safe operating
conditions.
C.
Every vehicle operating under this chapter shall be
kept in a clean and sanitary condition in accordance with the rules
and regulations promulgated by the License Inspector.
D.
Any vehicle on the streets of the Town of West New
York in violation of this section may be removed from the streets
by the Police Department. If the vehicle is not returned to service
in accordance with the provisions of this section within 90 days,
the Director of the Department of Public Safety may suspend or, after
hearing, revoke the limousine or livery license.
No holder or driver shall knowingly permit his
vehicle to be used for any illegal or immoral purposes, under penalty
of suspension or, after hearing, revocation of holder's or driver's
license, or both, and such other penalty as may be provided.
A.
Prohibited solicitation. No driver shall solicit patronage
in a loud tone of voice or in any manner which would annoy any person
or obstruct the movement of any person or follow any person for the
purpose of soliciting patronage.
B.
Receipt and discharge of passengers on a sidewalk.
Drivers shall not receive or discharge passengers in the roadway but
shall pull up to the right-hand side as nearly as possible or, in
the absence of a sidewalk, to the extreme right-hand side of the road
and there receive or discharge passengers, except upon one-way streets,
where passengers may be discharged at either the right- or left-hand
sidewalk or side of the roadway in the absence of a sidewalk.
Restrictions on the number of passengers. No
driver can permit more than nine persons to be carried in a limousine
or livery as passengers.
The License Inspector shall keep a register
of the name of each holder licensed under this chapter, together with
the license number and the make and description of the vehicle licensed,
with the date and record of inspections made of it.
Subject to the rules and regulations of the
Director of the Department of Public Safety, it shall be unlawful
for any limousine or livery vehicle to stand in any restricted area
or any area which is controlled by parking meters or at the curb within
15 feet of the entrance to any theater, hotel, restaurant or other
public place.
The driver, while engaged in the operation of
a limousine or livery vehicle, shall behave himself in a gentlemanly
manner, and he shall not use any indecent, profane or insulting language
while engaged in such operation.
It shall be unlawful for any person owning or
operating any limousine or livery vehicle in the Town of West New
York, licensed under the provisions of this chapter, to permit such
vehicle to be operated by any person who does not hold a valid driver's
license as required by this chapter.
Every holder of a limousine or livery license
shall be responsible for the operation of the vehicle for which the
license has been granted regardless of the legal relationship between
such holder and the driver of said vehicle.
Every driver of a limousine or livery vehicle,
immediately after the termination of any hiring or employment, must
carefully search such vehicle for any property lost or left therein,
and any such property, unless sooner claimed or delivered to the owners,
must be reported, in writing, by the driver or holder, to the License
Inspector with brief particulars and a description of the property,
within 24 hours after the finding thereof.
The Police Department of the Town of West New
York is hereby given the authority and is instructed to watch and
observe the condition of holders and drivers operating under this
chapter. Upon discovering a violation of the provisions of this chapter,
the Police Department shall report the same to the Director of the
Department of Public Safety, who shall order or take appropriate action.
All hearings under this chapter shall be conducted
by the Director of the Department of Public Safety.
The Director of the Department of Public Safety
shall promulgate reasonable rules and regulations to implement this
chapter and to carry out its intendments, which shall be filed with
the Town Clerk of the Town of West New York. The Director of the Department
of Public Safety shall cause the rules and regulations as promulgated,
together with this chapter, and any amendments or additions thereto,
to be printed and distributed to the holders of limousine or livery
licenses and to all those who in the future shall obtain such license
or licenses.
