Borough of Carteret, NJ Taxicabs and Limousines

Application for a taxicab owner's license and a fleet owner's license shall be made to the Chief of Police upon forms provided by him and shall contain the following information:

The name and address of the applicant; if the applicant is a corporation, its name, the address of its principal place of business and the name and address of its registered agent.

A statement as to whether the applicant has ever been convicted of violating any criminal or quasi-criminal statute, including traffic laws and municipal ordinances; if the applicant has been convicted, a statement as to the date and place of conviction, the nature of the offense and the punishment imposed.

(c)

The number of vehicles to be operated or controlled by the applicant and the location of any proposed depots or terminals.

(d)

The previous experience of the applicant in the transportation of passengers for hire, including the name of any other state or municipality where the applicant has ever been licensed to operate a taxicab, whether his license was ever suspended or revoked or his application for the issuance or renewal of a license denied and the reasons for the denial, suspension or revocation.

(e)

Appropriate evidence as to the applicant's good character and business and financial responsibility so that an investigator will be able to properly evaluate it.

(f)

Any other facts that the applicant believes tend to show why he should be granted a license.

(g)

A full-color sketch showing the color scheme of the taxicabs to be operated by the applicant and another full-color sketch of any insignia or design which the applicant intends to use to identify his taxicabs.

(h)

Any other appropriate information which the Council may require by resolution.

Applications shall be verified by oath or affirmation. Applications by a partnership shall give the information required by this subsection for each partner and shall be verified by all partners. Applications by corporations shall give the information required for and be verified by all officers and directors and all persons holding more than 10% of the corporation's common stock, as well as the corporation itself.

Notice of hearing. The Chief of Police shall advise the Council of the filing of an application. The Council shall set a date for a hearing on the application and shall notify the applicant. The date set shall be within a reasonable time after the filing of the application. The applicant shall cause a notice of the time and place of hearing to be published once in a newspaper circulating in the Borough at least three days before the date set for the hearing.

Investigation. The Chief of Police or a police officer designated by him shall institute an investigation of the facts stated in the application and shall evaluate the application in the light of the criteria set forth in Subsection E. A report containing the results of the investigation and evaluation, a recommendation by the Chief of Police that the license be granted or denied and the reasons for his recommendation shall be forwarded to the Council at least three days before the date set for the hearing. A copy of the report shall also be sent to the applicant.

Conduct of hearing. At the hearing, any person who is a resident or taxpayer of the Borough may appear in person and make a brief statement or submit a written statement in support of or in opposition to the granting of a license. In addition, the applicant and any other person who will be affected by the grant or denial of the license, other than as a Borough resident or taxpayer, shall have the right to be represented by an attorney, to testify himself or to present witnesses in support of his position, to cross-examine opposing witnesses and, at his own expense, to have a stenographic record made of the proceedings. This subsection shall not prevent the Council from imposing reasonable limits on the number of witnesses appearing in favor of or against the granting of the license, the time allowed for each side to present its case or for the examination or cross-examination of any witness or from imposing any other restriction which is necessary to ensure that the hearing is conducted in an orderly, fair and expeditious manner.

Factors considered. In determining whether to grant or deny the application, the Council shall take into consideration the following factors:

The character, business and financial responsibility and experience of the applicant and the probability that, if granted a license, the applicant will operate his taxicab in accordance with the provisions of this chapter.

The number of taxicabs already in operation, the need of the public for additional service and any increased convenience that would result to the public if more taxicabs were placed in operation.

Whether an increase in the number of taxicabs operating in the Borough would produce or substantially increase traffic congestion, including congestion in the vicinity of railroad stations or other areas where taxicabs would frequently pick up or discharge passengers, or would otherwise inconvenience the public.

(4)

Any other factors directly related to the grant or denial of the application which would substantially affect the public safety or convenience.

Issuance of license. The Council shall, by resolution, grant or deny the application. If the application is granted, the Chief of Police shall issue the license upon receiving from the applicant satisfactory proof that he has complied with all laws of the State of New Jersey relating to the operation of taxicabs. The license shall state the name and address of the licensee, the number of vehicles which the licensee is authorized to operate and the date of issuance.

License term; fees. A taxicab owner's license shall be valid for the remainder of the calendar year in which it is issued. The license fee shall be $150 per year or portion thereof per license, payable upon the filing of the application for the issuance or renewal of the license. The fleet owner's license fee shall be $200 and the per-vehicle fee shall be $25 for each vehicle. The fee for transfer of a license from one vehicle to another shall be $25.

[Amended 8-16-1984 by Ord. No. 84-26; 6-16-2005 by Ord. No. 05-28]

Renewals. A taxicab owner's license and a fleet owner's license may be renewed by the Council without a hearing upon the licensee's filing with the Chief of Police a sworn statement that there have been no changes in the information contained in the issuance of the initial application and that he has continued to comply with all laws of the State of New Jersey relating to the operation of taxicabs and is not in violation of any provision of this chapter and after a report is made by the Chief of Police after investigation that the statements made in connection with the application for renewal are correct.

§ 235-5 Licensing of taxicab drivers.

Application.

Application for a taxicab driver's license shall be made to the Chief of Police upon forms provided by him and shall contain the following information:

The name, address and age of the applicant.

The number of the applicant's New Jersey motor vehicle operator's license.

(c)

A statement as to whether the applicant has ever been convicted of the violation of any criminal or quasi-criminal statute, including municipal ordinances and traffic laws; if the applicant has been convicted, the date and place of conviction, the nature of the offense and the punishment imposed.

(d)

A list of all the places where the applicant has ever applied for or been granted a license to drive a taxicab.

(e)

A statement as to whether the applicant's license to operate a motor vehicle or his license to drive a taxicab has ever been suspended or revoked or his application for the issuance or renewal of either license denied and, if so, the date and place of the denial, suspension or revocation and the reasons for it.

(f)

The names and addresses of all persons by whom the applicant has been employed for the past five years, the position held and the nature of the work performed.

(g)

A statement by a physician licensed to practice in the State of New Jersey certifying that he has examined the applicant on a specified date, which shall not be more than 60 days prior to the filing of the application, and that, in his opinion, the applicant is not afflicted with epilepsy, vertigo, heart trouble or any other infirmity which would affect his ability to safely operate a taxicab.

(h)

Three photographs of the applicant at least two inches by two inches, clearly showing his head and shoulders.

(i)

Appropriate evidence that the applicant is not a narcotics addict, alcoholic or habitual drunkard and is of good moral character and clean in dress and person.

If the Chief of Police considers it necessary for the proper identification or investigation of the applicant, the applicant shall be fingerprinted and the fingerprints immediately processed for classification and identification.

The application fee for a taxicab driver's license shall be $25.

[Amended 8-16-1984 by Ord. No. 84-26; 6-16-2005 by Ord. No. 05-28]

Examination. At the time of the filing of the application, the Chief of Police or a police officer designated by him shall give the applicant a written or oral examination designed to test the applicant's knowledge of the provisions of this chapter, the Motor Vehicle Act, the Traffic Act[1] and other ordinances and regulations having to do with traffic and the geography of the Borough.

[1]

Editor's Note: See N.J.S.A. 39:1-1 et seq.

Investigation. The Chief of Police or a police officer designated by him shall also conduct an investigation of the facts stated in the application and shall report the results to the Council within a reasonable time. The report shall include a recommendation that the license be granted or denied and the reasons for the recommendation.

Consideration of application.

After considering the facts contained in the application and the report of the Chief of Police, the Council may grant the application or may decide to hold a hearing on this matter.

In the event that the Council decides that a hearing is necessary, the applicant shall be given at least five days' notice of the fact that a hearing will be held and of its time and place. The applicant shall also be furnished with a copy of the report of the Chief of Police.

At the hearing, the applicant shall be entitled to be represented by an attorney, to present witnesses or to testify himself on his own behalf, to cross-examine any opposing witnesses and, at his own expense, to have a stenographic record made of the proceedings. After considering the evidence, the Council shall either grant or deny the application.

Issuance of license; contents. Upon approval of the application by the Council, the Chief of Police shall immediately issue the applicant a taxicab driver's license. The license shall contain the licensee's name and address, physical description, signature and photograph.

Term of license; fee. An initial license to drive a taxicab shall be valid for the remainder of the calendar year in which it is issued. A taxicab driver's license may be renewed annually, unless it has been revoked or suspended, upon the payment of the same fee as for a new license.

[Amended 8-16-1984 by Ord. No. 84-26; 4-19-1990 by Ord. No. 90-16]

§ 235-6 Inspection of vehicles.

Initial inspection. Before any vehicle is used as a taxicab within the Borough, it shall be inspected by the Chief of Police or a police officer designated by him to ascertain that it is in a safe, clean and sanitary condition and contains all safety devices required by law.

Reinspections. All taxicabs shall be reinspected annually or more often if the Council so requires by resolution. In addition, any police officer may inspect a taxicab at any reasonable time to determine if it is clean, sanitary and in a safe and proper operating condition.

Failure to pass inspection. Any taxicab which fails to pass inspection shall be immediately taken out of service and shall not be operated again within the Borough until the defects which led to its rejection are corrected. In the case of minor defects which do not constitute an immediate danger to the health or safety of the public, the taxicab may continue to operate for a period of one week, at the end of which time it shall be reinspected. If the defect has not by then been corrected, the vehicle shall immediately be taken out of service and shall remain out of service until the defect is corrected.

§ 235-7 Identification of vehicles.

Identification required. Each taxicab operated in the Borough shall have a sign painted on each rear door. The sign shall contain the owner's name and the words "Taxicab" or "Taxi" in letters not less than four nor more than eight inches in height.

Imitation of color scheme or insignia. No taxicab operated in the Borough shall imitate the color scheme or any identifying design or insignia of another taxicab lawfully operating in the Borough, nor shall one taxicab have a color scheme or identifying design or insignia which is so similar to that of another taxicab as to be likely to have a tendency to mislead the public. The person first using a particular color scheme or identifying design or insignia for his taxicab shall have the prior right to it.

§ 235-8 Fares.

Rates of fare.

The following rates of fare shall apply:

Taxicabs operating on a meter which shall be in full view of passengers:

[1]

For conveying one person for the first mile or fraction thereof: $0.50.

[2]

For each quarter of a mile thereafter: $0.10.

[3]

For each three minutes' waiting time: $0.10.

[4]

For each additional passenger, per trip: $0.15.

Taxicabs operating without a meter:

[1]

For conveying one person for each mile or fraction thereof: $0.50.

[2]

For each three minutes' waiting time: $0.10.

[3]

For each additional passenger, per trip: $0.15.

[4]

For use of a five-passenger vehicle, per hour: $3.50.

Any person charging in excess of these rates shall be guilty of a violation of this chapter.

Any taxicab operating with a meter may be operated without a meter with the consent of the passenger, in which event the rate provided in Subsection A(1)(b) above shall apply.

Display of rates. Every taxicab shall have displayed in it, in a manner so as to be easily read by all passengers, a card giving the maximum permissible rates of fare.

Receipts. Upon request of a passenger, the driver of a taxicab shall give the passenger a receipt for the amount charged. The receipt shall show the name of the owner, the license number of the taxicab, the amount of the fare and the date of the transaction.

Refusal to pay fare. No person, after hiring a taxicab, shall refuse to pay the legal fare, nor shall any person hire a taxicab with the intent not to pay the legal fare.

Disputes over fares. All disputes as to the rate of fare shall, upon request of the driver or passenger, be determined by the police officer in charge of the Borough police station. Failure to comply with the officer's determination shall be a violation of this chapter.

§ 235-9 Solicitation, acceptance and discharge of passengers.

Additional passengers. No driver shall permit any additional person to ride in his taxicab as a passenger unless the person first employing the taxicab consents to the acceptance of the additional passenger.

Number of passengers. Every taxicab shall have in it a card displayed within plain view of all passengers stating its maximum permissible seating capacity. This capacity shall be determined by the Chief of Police or a police officer designated by him at the time the vehicle is initially inspected. No driver shall permit more persons to be carried in his taxicab as passengers than the number stated as the maximum permissible seating capacity.

Refusal to carry passengers. No driver shall refuse to carry any orderly person to any destination within the Borough unless previously engaged or unable or forbidden by the provisions of this chapter to do so.

Soliciting for hotels. It shall be a violation of this chapter for any taxicab driver to solicit business for any hotel or to attempt to divert patrons from one hotel to another.

Misrepresentation. No driver of a taxicab shall induce any person to employ him be knowingly misinforming that person as to the time or place of the arrival or departure of any train or bus or as to the location of any hotel, public place or private residence within the Borough or as to the distance between any two points, nor shall any driver convey a passenger to any other place or over any other route than that which the passenger may have instructed him to take. Unless otherwise ordered, a passenger shall be conveyed only over the most direct, practical route to his destination.

Obstruction of streets. No taxicab, while waiting for employment by passengers, shall stand on any public street or space other than at the place designated as a taxicab stand, nor shall any driver of a taxicab seek employment by repeatedly driving his taxicab to and fro in a short space in front of a theater, hall, hotel, public resort, railroad station or other place of public gathering or by otherwise interfering with the proper and orderly access to or egress from such places. No taxicab driver shall engage in the practice commonly known as "cruising."

§ 235-10 Additional regulations.

Transfer of license. A license issued under this chapter shall apply only to the person to whom it is issued and shall not be transferable, except that a license for a vehicle may be transferred to another vehicle upon approval of the Council and payment of the transfer fee.

Display of license. Every driver licensed under this chapter shall display his driver's license in such a manner that it can be seen by all persons riding in his taxicab as passengers. No license shall be displayed in a taxicab which does not belong to the person actually driving at the time.

Record. Every driver shall maintain a daily record which shall indicate, with respect to each trip he makes, the time and place of origin, the time and place of destination and the amount of fare charged. All completed records shall be returned to the owner by the driver at the conclusion of his tour of duty. The form on which the record is kept shall be furnished to the driver by the owner and shall be approved by the Chief of Police.

Lost property. Every driver of a taxicab, at the beginning and end of his tour of duty, shall carefully search the cab for any property lost or left in it. Any lost property not claimed by or delivered to the owner within 24 hours shall be reported, in writing, to the Chief of Police by the driver or owner of the taxicab. The report shall give brief particulars and a description of the property.

§ 235-11 Insurance.

[Added 4-19-1990 by Ord. No. 90-16; amended 6-1-1995 by Ord. No. 95-26]

Owners of taxicabs/limousines shall file with the Borough Clerk proof of insurance coverage in the amounts and conditions as defined by N.J.S.A. 48:16-3 and N.J.S.A. 48:16-14.

[Amended 12-4-1997 by Ord. No. 97-41]

Exact copies of all modifications, revisions, cancellation notices received by the owner/operator pursuant to said insurance must be given to the Borough Clerk within seven days of receipt.

§ 235-12 Suspension and revocation of licenses.

Generally. In addition to the causes for revocation of a license set forth in Chapter 164 of this Code, any license issued under this chapter may be revoked or suspended or any application for the issuance or renewal of a license denied for any of the following reasons:

Failure to render reasonable, prompt, safe and adequate taxicab service.

The existence of a judgment unsatisfied of record against the licensee or applicant in any suit arising over the operation of a motor vehicle.

Permitting any taxicab owned or driven by the licensee to become unsafe, unsanitary or dirty.

(4)

Failure to comply with all applicable laws of the State of New Jersey and this chapter.

Drivers. If the licensee is a driver, his license may also be revoked or suspended for the following reasons:

Revocation or suspension of his New Jersey motor vehicle operator's license.

Contraction by the licensee of a communicable or contagious disease.

LIMOUSINE OR LIVERY SERVICE

Operating a taxicab in a reckless or grossly negligent manner or habitually operating a taxicab in a negligent manner.

§ 235-13 Violations and penalties.

[Added 4-19-1990 by Ord. No. 90-16]

Any person who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in § 1-17 of this Code.

Article II Limousines

[Adopted 4-19-2001 by Ord. No. 01-20]

§ 235-14 General provisions.

Definitions. As used herein, the following terms shall be defined as follows:

DRIVER

Any person who drives a limousine within the Borough whether or not said person is also the owner thereof.

LIMOUSINE

Any "autocab" as defined in N.J.S.A. 48:16-13. Nothing in this definition contained shall be construed to include taxicabs.

Includes the business of carrying passengers for hire by limousine.

OWNER

Any person in whose name title to any limousine is registered with the New Jersey Department of Motor Vehicles, or who appears in such records to be the conditional vendee or lessee thereof.

PERSON

Any individual, copartnership, association, corporation, joint-stock company, or any such entity, their lessees, trustees or receivers appointed by any court whatsoever.

STREET

Any street, avenue, park, parkway, highway, or other public place.

Jurisdiction and responsibility.

The Borough Clerk. The Borough Clerk shall have jurisdiction and responsibility of issuance of licenses, collection of fees and certification of insurance compliance. The Borough Clerk shall issue such license after the satisfactory compliance by the applicant with the provisions of N.J.S.A. 48:16-13 et seq., the payment of the fee, the submission of a current certificate of insurance and a signed statement from the Borough's Zoning Officer certifying that the limousine service is not operating in a residential zone and that the limousine business has sufficient off-street parking for any and all limousines to be used in the business.

Zoning Officer. The Zoning Officer shall have jurisdiction and responsibility of investigation and certification that, regardless of the zone, the limousine business has sufficient off-street parking for any and all limousines to be used in the business.

[Amended 6-17-2010 by Ord. No. 10-10]

§ 235-15 Licenses required.

Limousine owner's license.

No person shall operate a limousine business which is principally sited and located within the Borough unless said person has obtained a limousine owner's license for each limousine used in such business.

The total number of limousine owner's licenses that may be issued and outstanding at any time pursuant to and in conformity with this article shall be fixed from time to time by the Mayor and Council by resolution but shall not exceed 100.

Limousine driver's license. No person shall transport any passenger for hire in any limousine licensed under this article unless such person shall have secured a license for said purpose pursuant to the provisions of this chapter. The license required by this section shall be known as a "Limousine driver's license."

§ 235-16 Application requirements.

Limousine owner's license.

Application for licenses for limousines shall be made by the owners thereof upon such forms, and containing such requested information, as are prepared and issued by the Borough Clerk from time to time to contain, but not be limited to, the following information:

[Amended 6-17-2010 by Ord. No. 10-10]

The character and the description of the vehicle proposed to be licensed, including the make, model, year, engine serial number, color, state registration number, number of doors of said vehicle and the number of persons said vehicle can carry as passengers.

The correct name, residence and business address of the owner thereof.

The application shall be verified by oath or affirmation.

The application must be accompanied by present proof that the principal place of business is the Borough of Carteret, New Jersey. Acceptable proof is a current New Jersey driver's license, motor vehicle registration or a copy of a tax bill or lease.

(4)

The application for a limousine owner's license shall be accompanied by the certification of the Borough's Zoning Officer that the limousine business is not located in a residential zone and that said business has sufficient off-street parking for any and all limousines to be used in the business.

Limousine driver's license. The Borough Clerk shall issue a limousine driver's license upon receipt of proof that the applicant therefor is at least 21 years of age, holds a current and valid automobile driver's license issued by the State of New Jersey, Division of Motor Vehicles, and is able to speak the English language.

[Amended 6-17-2010 by Ord. No. 10-10]

§ 235-17 Insurance requirements.

Each application for a limousine owner's license shall be accompanied by a policy of insurance, written by an insurance company, duly licensed to transact business under the insurance laws of the State of New Jersey, which has been submitted to the Borough Clerk in the form and amount as required by N.J.S.A. 48:16-14.

§ 235-18 Certificate of compliance.

The Borough Clerk, upon filing of the required insurance policy and approval of the owner's application, and the payment of the requested fee, shall issue in duplicate a license to operate, showing that the owner of the limousine has complied with the terms and provisions of this article and N.J.S.A. 48:16-13 et seq. This license shall recite the name of the insurance company, the number and date of expiration of the policy, a description every limousine insured thereunder, and the registration number of the same. A duplicate license shall be filed with the Division of Motor Vehicles before any such vehicle is registered as a limousine. The original license shall be posted in a conspicuous place within the limousine.

§ 235-19 License fees; duration.

Limousine owner's license. The annual fee to be paid for a limousine owner's license, which shall be separately required for each limousine, shall be the sum of $50 per year or any portion thereof. There shall be an additional fee of $10 for each limousine which is covered under the required insurance policy. All limousine owner's licenses shall be issued for one year commencing on March 1 and expiring the following February 28 (February 29 for leap years).

[Amended 6-17-2010 by Ord. No. 10-10]

Limousine driver's license. The annual license fee for a limousine driver's license shall be the sum of $50 per year or any portion thereof. All limousine driver's licenses shall be issued for one year commencing on March 1 and expiring the following February 28 (February 29 for leap years).

§ 235-20 Licenses transferable.

Limousine licenses issued pursuant to this article may be sold, assigned, mortgaged, or otherwise transferred by the designated person to whom such licenses were issued, provided that such transfer takes place simultaneously with the sale of the business and that the transferee of the license will be the new owner of the business. Any license not transferred to the new owner of the business shall immediately and automatically revert back to the Borough.

§ 235-21 Substitution of vehicles.

Application requirements.

The vehicle described on the limousine license may be substituted or replaced by another vehicle only after a written permission therefor is received from the Borough Clerk. The Borough Clerk shall not grant such permission until:

The existing license application is amended to include the relevant information with respect to the substituted vehicle.