[HISTORY: Adopted by the Mayor and Council of the Borough of Andover as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 66.
Licensing procedures — See Ch. 91.
[Adopted 5-14-2007 by Ord. No. 380]
Definitions provided for in N.J.S.A. 48:16-1 shall apply to this article.
A. 
No person shall operate a taxicab/livery business based in the Borough of Andover without obtaining a license as provided for in this article.
B. 
If the principal place of business of a taxicab owner or operator is in a municipality other than the Borough of Andover and the taxicab owner or operator holds a valid taxicab license issued pursuant to N.J.S.A. 48:16-1 et seq. by that other municipality or by the State of New Jersey, that taxicab owner or operator shall be exempt from this article, except that:
(1) 
Such owner or operator must furnish proof of a valid taxicab license if requested by the Borough of Andover or by a law enforcement officer in the performance of his or her official duties.
(2) 
Such owner or operator shall file with the Borough Clerk of Andover Borough a certificate issued by the clerk of the municipality wherein the principal place of the taxicab business is located certifying that the taxicab owner has complied with all of the requirements of N.J.S.A. 48:16-1 et seq.
(3) 
Copy of valid driver's license for all drivers.
Application for a license required by this article shall be made to the Borough Clerk using forms provided by the Borough Clerk and shall contain the following information:
A. 
The name and address of the applicant. If the applicant is a corporation, partnership, limited liability company or other business entity, the name and address of its registered agent.
B. 
A description of the taxicab(s) sought to be licensed, including the type of motor vehicle, the name of the manufacturer, the serial number, license number and seating capacity.
C. 
A copy of applicant's insurance certificate for all vehicles sought to be licensed shall be attached to the application, and the certificate shall include, at a minimum, the policy number, the policy expiration date, the vehicle(s) make and models, vehicle identification numbers and insurance policy limit information.
A. 
Taxicab licenses shall be numbered consecutively and shall expire annually on December 31 of the year of issuance or upon lapse of the insurance required in § 123-6, whichever occurs first. Licenses not suspended or revoked may be renewed annually, subject to all of the same conditions, provisions and charges as required for the original license. Every license shall contain the following:
(1) 
The purpose of the license.
(2) 
The number of the license.
(3) 
The name and address of the licensee.
(4) 
The make, model, New Jersey motor vehicle registration number, as well as vehicle identification number for each vehicle.
(5) 
Insurance company name and policy number and date of expiration.
B. 
The Borough Clerk shall keep a register of all licenses granted, which register shall contain the details required by this section.
License fees, to cover the administrative costs associated with processing the application, are nonrefundable. License fees are as set forth in Chapter 66, entitled "Fees."
A. 
No license shall be issued by the Borough Clerk unless the applicant has filed an insurance policy or bond with the Clerk in accordance with the requirements of N.J.S.A. 48:16-3 and 48:16-4.
B. 
Applications for taxicab licenses and for renewals thereof must be accompanied by proof of automobile liability insurance issued by a company licensed and admitted to transact business in the State of New Jersey, and acceptable to the Borough, indicating limits of liability in amounts not less than the following: $300,000 per person and $300,000 per accident for bodily injury or death, and $300,000 per accident for property damage. Proof of insurance must also indicate that insurance coverage applies to all owned vehicles of the applicant or must specify by description all of the vehicles to which the coverage applies. Said proof of insurance must also indicate that the Borough will be notified with 30 days' advance notice should the coverage be canceled or not renewed, except no less than 10 days' advance notice for nonpayment of premium.
C. 
If the policy of insurance required by this section and the power of attorney required by § 123-7 are not filed with the Clerk of the Borough of Andover within 30 days from the date of approval by the Borough Council of the application for a taxicab license or renewal thereof, no license shall be issued upon the application.
The owner of the taxicab shall, concurrently with the filing of the insurance policy pursuant to § 123-6, execute and deliver to the Borough Clerk a power of attorney, wherein and whereby the owner shall appoint the chief fiscal officer of the Borough of Andover as his, her or its true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy or bond filed pursuant to N.J.S.A. 48:16-3 and 48:16-4.
A taxicab license issued pursuant to this article cannot be transferred or assigned by the licensee to any other person or entity.
A license issued pursuant to this article may be revoked or suspended, or any application for the issuance or renewal of a license denied, for any of the following reasons:
A. 
Failure to render reasonable, prompt, safe and adequate taxicab service.
B. 
The existence of a judgment unsatisfied of record against the licensee or applicant in any suit arising over the operation of a motor vehicle.
C. 
The permitting of any taxicab owned or driven by the licensee to become unsafe, unsanitary or dirty.
D. 
Failure to comply with all applicable laws of the State of New Jersey and/or with any requirements of this article.
E. 
Failure to comply with any terms or conditions imposed by the Borough Council on granting approval of the application.
F. 
If the licensee is the driver of the taxicab, the revocation or suspension of his New Jersey motor vehicle operator's license.
G. 
For any reason set forth in Chapter 91, entitled "Licensing Procedures."
Any person who shall operate a taxicab in the Borough of Andover without a valid taxicab license and any person who shall permit such operation of a taxicab in violation of this article shall be guilty of a civil violation and shall be subject to a fine not to exceed $500 per violation or imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation continues.
In order to insure the safety of the public, it shall be unlawful for the owner or lessee of any taxicab to operate or cause or permit a taxicab to be operated, nor shall any license be issued hereunder, until and unless the applicant has complied with the provisions of N.J.S.A. 48:16-1 et seq. and the acts amendatory or supplemental thereto, except that in any case where the requirements of this article are more stringent than the requirements of the aforesaid statute, the provisions and requirements of this article shall be controlling.