As used in this Part 2, the following terms
shall have the meanings indicated:
Includes motor vehicles commonly known as "limousines" and
any automobile or motor vehicle engaged in the business of carrying
passengers for hire which is held out, announced or advertised to
operate or which operates over any street or public highway of the
city's and which is hired by charter or out of a particular contract
or by the day or hour or other fixed period or to transport passengers
to a specified place or places or which charges a fare agreed upon
in advance. Nothing contained in this definition shall be construed
to include taxicabs, hotel buses or buses employed solely in transportation
of school children or teachers, or autobuses which are subject to
the jurisdiction of the Board of Public Utilities or interstate autobuses
required by federal law or state law or the Board of Public Utilities
to carry insurance against loss from liability imposed by law on account
of bodily injury of death.
A luxury autocab driven by a uniformed chauffeur, excluding
vans and other nonluxury vehicles.
Any motor vehicle rented out from a business without a driver
and with the understanding that the lessee, bailee or his agent or
servant shall operate the vehicle for the purposes other than the
transportation of passengers for hire.
[Amended 4-11-2017 by Ord. No. 17-032]
Except as provided by § 449-55 below, or any successor provision addressing Taxicab Division enforcement of general motor vehicle offenses, this Part 2 shall not apply to any omnibus or autobus which operates by authority of law, an ordinance, a permit or consent upon a fixed route through the City.
[Amended 4-11-2017 by Ord. No. 17-032]
A.
The Taxicab Division, in conjunction with the Police Division, shall
be charged, with regard to any person, business entity or vehicle
that is licensed under this Part 2, or that is required to be licensed
under this Part 2, with the duty of enforcing the following:
(1)
Provisions of this Part 2;
(2)
Violations of any state law specifically and expressly addressing
autocabs, limousines, and rented motor vehicles, as defined above;
and
(3)
Any City ordinance that may be applied to the use and operation of
autocabs, limousines, and rented motor vehicles, as defined above.
B.
Additionally, with regard to any motor vehicle with which a driver
generally or actually provides passenger transportation on a fee-per-ride
or fee-per-mile basis along public streets, including but not limited
to a taxi, bus, autobus, omnibus or jitney, or the owner or operator
thereof, the Taxicab Division shall also be authorized to enforce
the following:
(1)
Any of the following provisions of Title 39 of the New Jersey Statutes
entitled "Motor Vehicles and Traffic":
(a)
N.J.S.A. 39:3-4 (unregistered vehicle).
(b)
N.J.S.A. 39:3-29 (failure to exhibit license, registration and/or
insurance).
(c)
N.J.S.A. 39:3-33 (unclear plates).
(d)
N.J.S.A. 39:3-66 (maintenance of lamps).
(e)
N.J.S.A. 39:3-76.2f (failure to wear seatbelt).
(f)
N.J.S.A. 39:4-81 (failure to observe signal).
(g)
N.J.S.A. 39:4-85 (improper passing).
(h)
N.J.S.A. 39:4-97 (careless driving).
(i)
N.J.S.A. 39:4-97.3 (improper use of cell phone while driving:
talk and/or text).
(j)
N.J.S.A. 39:4-124 (failure to turn).
(k)
N.J.S.A. 39:4-144 (failure to stop or yield).
(l)
N.J.S.A. 39:8-1 (failure to inspect).
(m)
N.J.S.A. 39:8-4 (failure to make repairs).
(2)
Any successor statute that may in whole or in part replace any of
the above-cited sections of Title 39.
(3)
Any law addressing impermissible motor vehicle parking, stopping
or standing.
(4)
Any law addressing obstruction of traffic.
C.
Notwithstanding any provision to the contrary, a member of the Taxicab
Division shall under no circumstances pursue or chase any motor vehicle,
or undertake any law enforcement activity for which he or she lacks
any required certification, expertise or training, or for which he
or she is not duly authorized by the Police Department.
D.
The Police Director is hereby empowered to appoint such inspectors
as he or she may find necessary to carry out the duties with which
the Taxicab Division is charged.
E.
Subject to City Council approval, the Police Director is hereby authorized
and empowered to establish rules and regulations for the operation
of autocabs and rented motor vehicles, insofar as they are not inconsistent
with the other provisions of this Part 2.
The Taxicab Division shall have control of:
A.
No license granted pursuant to this Part 2 shall be
issued to an applicant to operate an autocab or rented motor vehicle
business, unless the applicant is either incorporated or otherwise
duly authorized to engage in such business under the laws of the State
of New Jersey.
B.
Prior to filing an application for issuance or renewal
of any license granted pursuant to this Part 2, the applicant shall
provide a statement from the Zoning and Planning Division of the Department
of Community Development that the proposed use is permitted under
the zoning ordinances of the City of Paterson[1] at the location in question. In the event that the proposed
use is found not to be permitted, then the applicant shall provide
a statement from the Department of Community Development that the
appropriate variance or other relief has been obtained. No application
shall be accepted without the requested statement attached.
C.
No license granted pursuant to this Part 2 shall be
issued to an applicant to operate an autocab or rented motor vehicle
business where said applicant or an officer or partner in the applicant's
organization is not of good moral character or has been convicted
of a criminal offense involving moral turpitude, a sex or drug offense
or a violent crime.
D.
A subsequent conviction for any of the disqualifying
criminal offenses by any applicant, any officer or any partner in
the applicant's organization shall serve to automatically suspend
any license granted to the applicant pursuant to this Part 2.
E.
Upon conviction by any applicant, officer or partner in the applicant's organization of any of the disqualifying criminal offenses mentioned above in Subsection C, the applicant shall notify the Taxicab Division of said conviction, in writing, within three business days following said conviction.
F.
Within three business days following a conviction
for a disqualifying criminal offense, the applicant shall deliver
to the Taxicab Division all licenses issued to the applicant under
this Part 2.
G.
Upon suspension of any license issued under this Part
2, the applicant may request a hearing before the Public Safety Director
on forms provided by the Taxicab Division. The Director of Public
Safety or his or her designee may then confirm the revocation or suspension,
he or she may modify the revocation or suspension or he or she may
change entirely the penalty that is imposed.
H.
The hearing before the Director of Public Safety or
his or her designee shall be held within five business days following
the Taxicab Division's receipt of the request. If through no fault
or acquiescence of the applicant said hearing is not held within the
prescribed five business days, the applicant's license shall be returned
and the suspension in question shall be rescinded pending said hearing.
Any license issued under this Part 2 shall not
be transferable except in accordance with the following procedures:
A.
The applicant shall apply, in writing, to the City
Council and such application shall be filed with the City Clerk no
later than 10 days prior to the next regularly scheduled meeting of
the City Council.
B.
The application shall set forth the same matters and
things which are required in connection with an application to operate
an autocab or rented motor vehicle business.
C.
The application for transfer shall include a written
statement by the current holder of the license(s) consenting to the
transfer.
D.
In the event that an applicant for a transfer of license
or licenses intends to operate said business from a location different
from that originally noted on the license to be transferred, said
applicant shall cause to be published once in a local newspaper, at
least seven days prior to said meeting of the Council, a notice of
intention to apply for the transfer. Said newspaper notice shall specify
the name and address of the present licensee, the location of the
present license, the name of the applicant, the proposed location
of the license and the date and time of the meeting of the Council.
E.
In the event that the applicant intends to locate
at a new location, said applicant shall also provide a statement from
the City of Paterson, Department of Community Improvements, Zoning
and Planning Division, which indicates that the intended use is permitted
at the proposed new location or that the appropriate variance or other
relief has been obtained.
F.
In the event that the applicant for the transfer does not intend to change the existing location of the business, said applicant shall not be required to comply with the publication requirements of Subsection D.
G.
Where the requested license transfer is approved on or after August 1 of any year, the application shall be accompanied by 1/2 of the fee described in § 449-64A. In the event that the requested transfer is not granted by the City Council, the transfer fee, less 10%, shall be returned to the applicant.
H.
In all applications by corporations, the names and
addresses and amount of stock held by all stockholders holding 1%
or more of any of the stock thereof, the names and addresses of all
officers and all members of the Board of Directors must be stated
in the application. If one or more such officers or members of the
Board of Directors or one or more of the stockholders who directly
or indirectly own more than 10% of such stock would fail to qualify
as an individual applicant in any respect, no license shall be granted
to said corporation.
I.
If a corporation holding a current license wishes
to transfer an autocab or rented motor vehicle license to another
corporation to be used in a bona fide operation of an autocab or rented
motor vehicle business and not less than 90% ownership of each corporation
rests with the same person or group of persons, then the application
fee for said transfer shall be $200 per autocab.
J.
Whenever any change shall occur in the facts as set
forth in any application for an autocab or rented motor vehicle license,
the applicant shall file a notice, in writing, of such change with
the City Clerk within 10 days after the occurrence thereof; said change,
when so filed, shall thereupon become a part of said application.
K.
Notice of changes in stock holdings need not be given
unless and until the aggregate of such changes, if made before the
time of said application, would have prevented the issuance of the
license(s).
L.
If the applicant is a corporation, a copy of the certificate
of incorporation issued by the Secretary of State shall accompany
the application, and such certification shall not have been issued
more than 90 days prior to the filing of the application.
M.
The application shall be accompanied by a fee of $200
per vehicle. An application shall not be considered filed until the
required fee has been paid.
