ARTICLE ITaxicabs (§ 349-1 — § 349-16)
ARTICLE IILimousines (§ 349-17 — § 349-23)
§ 349-20 Certain license or permit required for limousines providing intramunicipal point-to-point service.
§ 349-2License required.
§ 349-3Term of license.
§ 349-5Issuance of licenses; limit on regulated vehicles; maximum
age of regulated vehicle.
§ 349-6Insurance and power of attorney requirements.
§ 349-7State inspection; semi annual inspection; parking and sign
§ 349-8Business office to be maintained.
§ 349-9Photographs and fingerprints; age requirements for license.
§ 349-10Maintenance of regulated vehicles.
§ 349-11Schedule of fares.
§ 349-12Record of trips.
§ 349-13Traffic and other regulations.
§ 349-14Refusal to issue license; suspension or revocation.
§ 349-15Failure to pay fare.
§ 349-16Violations and penalties.
As used in this article, the following terms shall have the meanings indicated:
- Any person who drives a regulated vehicle.
- Any person, corporation, partnership or association who operates any regulated vehicle.
- Any person, corporation, partnership or association in whose name any regulated vehicle is registered with the Department of Motor Vehicles.
- REGULATED VEHICLE
- Any automobile or motor car, commonly called "taxi," engaged in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways of this state and particularly accepts and discharges such persons as may offer themselves for transportation from points or places within or without the state.
It shall be unlawful to operate any regulated vehicle within the Town of Dover unless the vehicle and the driver thereof are licensed pursuant to this article.
All licenses shall be valid from the day of issuance and shall expire the 31st day of May thereafter. Renewed licenses shall be valid from June 1 through May 31 of the succeeding year unless suspended or revoked.
Owners or operators shall be required to pay the following license and inspection fees:
For each regulated vehicle having a seating capacity of not more than five persons, including the driver: $200 per vehicle per annum.
For each vehicle having a seating capacity of more than five persons: $250 per vehicle per annum.
For each driver license issued to a driver of a regulated vehicle: $50 per annum.
A nonrefundable application and processing fee of $75 shall be submitted with the initial license application.
For any replacement of a lost license or for a revised license: $25.
The Town Clerk is hereby authorized to issue said licenses for regulated vehicles and drivers of regulated vehicles upon receiving notice of approval of the application therefor by the Mayor and Board of Aldermen. Each regulated vehicle license shall set forth the dates said license will remain effective and the maximum number of passengers permitted in the vehicle (the maximum number will be determined by allowing one passenger in the front seat and two or three passengers in each additional row of seating depending upon the type of seating available and number of seat belts). Each driver license shall set forth the dates such license will remain effective and shall include a current and clear picture of the driver, the driver's full name, the operator's business name and a brief description of the driver, including his or her age, height, weight, complexion, color of hair and color of eyes. In the event a driver changes employment to a new company, a revised license must be obtained for the unexpired term of the original license. The cost for a revised license shall be the same as for a lost license.
No more than 60 licenses for regulated vehicles shall be issued in the Town of Dover. No one owner or operator shall be permitted more than 12 licenses for regulated vehicles. Owners or operators shall not hold any ownership interest in more than one business which operates or owns regulated vehicles in the Town of Dover. For those businesses which have more than 12 regulated vehicles at the time of the passage of this chapter, such vehicles shall be grandfathered and the owner/operator may continue to license such extra regulated vehicles until they are retired by age of the regulated vehicle, inability to operate, voluntary withdrawal by the owner/operator, or revocation of the license for violation of the requirements of this chapter or other laws or regulations.
No regulated vehicle shall be older than 10 years on the date of the application for a license or renewal of a license.
Upon applying for a regulated vehicle license, owners or operators shall furnish proof of an insurance policy covering each regulated vehicle in accordance with N.J.S.A. 48:16-1 et seq., as amended and supplemented from time to time. However, minimum coverage requirements for each regulated vehicle are $500,000 per occurrence. Operators must produce proof that the required insurance policy will be in effect and has been prepaid for the entire period the requested license will be effective (usually June 1 through May 31). Each owner shall also execute and deliver to the Town Clerk the required power of attorney in accordance with N.J.S.A. 48:16-5, as amended and supplemented from time to time.
Owners or operators must provide proof that each regulated vehicle has been inspected when due by a state-operated inspection facility for all required inspections. State-authorized private inspection facility inspections are not acceptable. A copy of the state inspection report shall be submitted to the Chief of Police and Municipal Clerk for every regulated vehicle, within 30 days of the inspection. Failure of the state inspection shall be deemed an automatic revocation of the regulated vehicle's license to operate under this chapter. Such revocation shall continue until the state inspection is passed and proof provided to the Municipal Clerk.
Owners or operators must submit each vehicle for inspection by the Chief of Police or his designee semiannually, except if a state inspection is performed within such six-month time period. The six-month time periods for inspection shall be June through November and December through May. The purpose of this inspection is to insure full compliance with all of the requirements of the ordinance and any state laws or regulations. If any violations are found, the Police Department shall inform the Town Clerk that the license issued shall be revoked if the violation is not corrected within 10 days of the inspection. Under such circumstances, the Police Department will inform the applicant what repairs need to be completed to prevent the revocation of the license. In no way should the provisions of this chapter be interpreted as to prohibit an applicant from having a previously rejected vehicle reinspected after the required repairs are completed. An applicant aggrieved by any provision of this section has an immediate right of appeal to the Mayor and Board of Aldermen. The Police Department shall randomly select the time period within each six-month inspection period when a regulated vehicle must present itself for inspection.
Owners or operators must provide proof that each regulated vehicle has a garage or designated parking space located on private property where said vehicle will be stored when not in use. Written approval from the owner or renter of said private property must be provided to the Municipal Clerk. No more than one regulated vehicle may be stored at any residential property location within the Town of Dover. Parking and storage of any authorized vehicle must be in a zone authorizing such use except that one vehicle may be parked at the residence of the owner or operator. No regulated vehicle may be parked on a public street overnight.
All regulated vehicles must have permanently affixed signs on the driver and passenger doors setting forth the owner's business name, the maximum number of passengers allowed by said license, and the business office telephone number. The letters and numbers on said signs must be at least three inches tall and two inches wide and must be clearly visible from a distance of 50 feet. The color of the letters must contrast with the color of the regulated vehicle so as to be easily read. The vehicle number issued by the Town must also be displayed on the driver's door of the vehicle and rear left of the vehicle on the trunk so as to be clearly visible to the public.
The schedule of fares to be charged shall be clearly and prominently displayed in each regulated vehicle in English and Spanish.
All owners or operators, upon applying for one or more regulated vehicle licenses, shall be required to maintain a business office. The address and telephone number of said office must be listed on all regulated vehicle license applications.
Each applicant for a regulated vehicle driver license shall, upon making application therefor, furnish his or her existing driver's licenses and fingerprints for a record check and three recent photographs of passport size. One shall be retained by the Town Clerk, another shall be affixed to the driver's license, and the third shall be affixed to a card, suitably framed under any transparent covering approved by the Police Department and displayed in a prominent place mounted as close as possible to the center of the front dashboard of the regulated vehicle so that it is plainly visible to passengers. Said card must also contain a brief description of the driver, including his or her age, height, complexion, color of hair and color of eyes. Each applicant shall submit to the Town Police Department his or her driver abstract from the Division of Motor Vehicles.
No license to drive a regulated vehicle shall be granted unless the applicant meets the following requirements:
Have a valid New Jersey driver's license.
State the name of the taxi company with whom he or she shall be employed.
Each applicant for a license shall provide proof that he or she is a least 21 years of age.
The applicant must be either a citizen of the United States or a legal resident alien. The applicant must also speak sufficient* English so as to reasonably be able to verbally communicate with passengers and police. The applicant must also have sufficient writing skills in English to complete any written documents required under this chapter, i.e., receipts to passengers and records of trips. (* The Superior Court of New Jersey has held that an English language requirement is constitutional as long as the Town of Dover establishes standards with respect to what is meant by “sufficient,” and absent such standard, the "sufficient" English requirement is unenforceable.)
If the applicant is a corporation, the corporation must either be incorporated in the State of New Jersey or authorized to do business in this state.
The applicant shall not have been convicted of any crime and/or disorderly persons offense within 10 years next preceding the date of application for license. If the applicant is a partnership, then no partner may have such record. If the applicant is a corporation, then neither the corporation nor any officer or director may have such record.
Prior license revocations. The applicant must have no record of prior revocation by any jurisdiction of a license related to the taxicab business. If the applicant is a partnership, then no partner may have such record. If the applicant is a corporation, then neither the corporation nor any officer or director may have such record.
The applicant must have compiled with the insurance provisions contained herein. In the event of the cancellation of licensee's insurance, the license shall terminate upon the effective date of the cancellation, unless prior thereto the insurance has been reinstated by withdrawal of the cancellation or a new policy of insurance is delivered to the City Clerk for the remainder of the license year.
The applicant must certify that all child support obligations are current pursuant to the standard set forth in N.J.S.A. 2A:17-56.41.
The applicant must be tested for the presence of controlled dangerous substances, as defined in N.J.S.A. 2C:35-2, within 30 days of the filing of his or her application at a facility(ies) to be designated by the Town. The results shall be provided to the Chief of Police and shall show the applicant to be free of controlled dangerous substances. The same test shall be required for license renewal. The applicant shall assume the cost of all testing. Operators shall also be subject to testing for controlled dangerous substances in the event of an accident by the operator or the observance of an operator driving the regulated vehicle in a careless, reckless or suspicious manner.
Each applicant shall be fingerprinted for a criminal history background check at the time of the initial application and annually with each license renewal.
Every regulated vehicle licensed pursuant to this chapter shall be properly maintained and equipped at all times in accordance with the manufacturer's recommendations and the standards and regulations of the New Jersey State Motor Vehicles and Traffic Regulation Act and shall further comply with the following additional requirements:
The interior shall be clean and sanitary, meaning that the upholstery and carpeting shall be reasonably free from debris, tears, holes, cuts and stains. Maintaining the regulated vehicle in a sanitary condition means keeping the regulated vehicle free from defects which could adversely affect the health of passengers, such as the presence of volatile fumes, spoiled food or garbage, blood stains or any other items which could affect the health of passengers or the driver.
All doors shall open easily and close firmly. This provision requires the immediate repair of doors which cannot be closed by the standard handle for said door (i.e., closing the door with a piece of rope or wire). Furthermore, the door must not be able to be opened without using the door handle, and all locks on the vehicle must operate such as to prohibit the opening of any door while the lock is engaged.
Seat belts shall be fully functional and available for the driver and all passengers. Torn, damaged or missing seat belts must be immediately replaced.
The exterior shall be clean and free from rust and peeling paint, and all wheels shall be covered by hubcaps.
Dents shall not be larger than those that normally occur as a result of parking next to other vehicles. All dents larger than three inches must be repaired promptly. Dents shall be construed to cover damage on any portion of the regulated vehicle, including bumpers and any other exterior facets.
Each regulated vehicle in operation must be kept in proper operating condition at all times, including but not limited to a properly functioning muffler and emissions system, a clear and undamaged windshield and windows (no tinting of windows shall be permitted unless factory original equipment from the manufacturer). The Police Department of the Town of Dover may request an inspection or emissions test for any regulated vehicle if, in its sole discretion, cause exists to believe said regulated vehicle is not in compliance with the maintenance requirements set forth herein.
Every regulated vehicle is required to have at least one approved child safety seat which must have permanently affixed thereto the name of the taxi company or operator and the number assigned by the municipality to such regulated vehicle.
The fare to be charged for the transportation of passengers from anywhere within the Town of Dover to another location within the Town of Dover shall be not greater than the following:
For one or two passengers, the sum of $4 per trip.
For each additional passenger over two, the sum of $0.50.
For one or two passengers 62 years of age or older, the charge shall not be more than the sum of $3.25 per trip.
No extra fee shall be charged for a wheelchair or any other apparatus used by a handicapped person.
The fare to be charged for the transportation of passengers from anywhere within the Town of Dover to a location outside the Town of Dover or from a location outside the Town to a location within the Town must be clearly agreed upon with all passengers prior to leaving the pickup location.
The drivers of all regulated vehicles must keep a written record of each trip, on a form to be approved by the Town, including the date and exact time the trip commenced and ended and the number of passengers carried. Trip records must be maintained by the operator for at least three years and must be made available for inspection by the Police Department of the Town of Dover or any other law enforcement agency upon request. In addition, the owner or operator shall submit to the Municipal Clerk within 10 days of the end of the quarter all trip reports. The quarters are set forth above.
All drivers will be held fully responsible for compliance with all traffic, parking and safety regulations on the road. In addition, all passengers will be required to enter and exit all regulated vehicles through the door or doors closest to the curb where said passengers are waiting for pick up or are being dropped off.
Regulated vehicles that are registered with the state as limousines shall not be allowed to solicit fares on the road and may only pick up passengers who have prearranged said limousine transportation.
The pickup or discharge of passengers shall not impede the flow of traffic.
Each regulated vehicle shall maintain a first aid kit and fire extinguisher which must be inspected annually.
Taxi and limousine drivers will not sound their horns except in the case of an emergency consistent with existing laws. The use of a vehicle horn to signal the arrival of a taxi-limousine at a fare's pickup point will be considered a Town nuisance and an offense against the peace and harmony of the citizens. The vehicle owner shall be responsible for all fines against the peace and harmony of the citizens.
In addition to all other working knowledge of geography, a street map of Morris County is required to be kept in all cabs at all times.
Any change of address of any owner or operator licensed under the provisions of this chapter must be reported, in writing, to the Municipal Clerk within 72 hours of such change. The loss of the license required to be kept by any licensed owner or operator must be reported to the Clerk, in writing, within 72 hours of such loss.
No licensee of any taxicab shall use thereon or thereabout any imitation of any color scheme, monogram or insignia previously adopted or used by any other licensee of a taxicab licensed under the provisions of this chapter.
No operator of a taxicab shall induce any person to employ him/her by knowingly misinforming or misleading such person either as to the time or place of the arrival or departure of any train, omnibus, boat, aircraft or other means of public transportation or as to the location of any point of destination, nor shall any operator deceive any person or make any false representation to him/her in respect to the transportation or prospective transportation of any passenger, or convey any passenger to any other place or over any other route than that to which or over which such passenger may have instructed the operator to go. Unless otherwise ordered, operators shall convey passengers by the most practical direct routes to their destinations.
No taxicab driver shall solicit additional passengers at the point of origin, and no additional passengers may be picked up en route.
No person other than the licensed operator of the taxicab, excepting a fare occupying the auxiliary seat, shall ride or sit in the compartment of a taxicab reserved for the operator.
Every operator of a taxicab shall, immediately at the end of his/her shift, carefully search the taxicab for any properly lost or left therein and shall, immediately after finding any property, deliver the property to police headquarters.
All taxicab licensees or their representatives shall answer all calls received for taxi service inside the municipality limits without unreasonable delay. If such service cannot be rendered within a reasonable time, they shall notify the prospective passenger as to how long it will be before the call can be answered and give the reason.
All licensees under this chapter shall cooperate with law enforcement officers in the performance of their duty. No licensee shall conceal evidence of a crime or voluntarily aid violators to escape arrest. A licensee shall report immediately to the police any attempt to use his/her vehicle to commit a crime or escape from the scene of a crime.
Licensed operators, while engaged in the operation of a taxicab, shall behave in a civil and orderly manner and shall not use any indecent, profane or abusive language.
No operator or passenger shall smoke or possess lighted tobacco products in a licensed vehicle.
No operator of a taxicab shall operate his/her vehicle in a manner to endanger a passenger or any other person.
Every owner of a licensed taxicab which is involved in an automobile accident shall provide the Municipal Clerk with a copy of the accident report within five working days of the accident. The Municipal Clerk shall inform the taxicab owner of any and all repairs that are necessary. Any taxicab owner who fails to comply with the terms of this section shall be in violation of this chapter and subject to suspension of taxicab license.
No licensee under this chapter shall display any advertising on his/her vehicle which obstructs the vision of the operator, including the operator's visions to the rear.
No person shall charge or attempt to charge any taxicab passenger a greater rate of fare than that to which the operator is entitled under the provisions of this chapter.
No taxicab operator licensed by the municipality, and who is on duty, shall unreasonably refuse to carry any orderly person applying for a taxicab who agrees and, upon reasonable request, demonstrates ability to pay the proper rate of fare. A refusal to carry an orderly passenger shall be presumptively unreasonable where the refusal is based on the amount of money the operator expects to receive or is based upon the race, sex, religion, physical disability or ethnic background of the passenger.
The operator of any taxicab shall, upon demand by any passenger, render to such passenger a receipt for the amount charged, on which shall be the name of the owner of the taxicab, the name of the operator, the date and time of the transaction and the amount of the fare.
The Mayor and Board of Aldermen may refuse to issue a license or suspend any license or revoke any license after notice and hearing if:
This chapter is violated in any particular.
The operator or driver has been convicted of a felony, driving under the influence, refusal of test for driving under the influence or has had his or her driver's license suspended. The Chief of Police may suspend the license of an operator or driver upon written notice for violations of this section pending a hearing being conducted in front of the Mayor and Board of Aldermen within five days of the operator or driver requesting a hearing in writing.
The driver, while driving a regulated vehicle, has contributed to injury to person or property or for other good cause.
The regulated vehicle has become unsafe or unsanitary.
The license to operate a regulated vehicle shall be automatically suspended in the event of a lapse in insurance coverage, and such suspension shall continue until adequate verifiable proof of insurance coverage has been provided to the Municipal Clerk.
Any passengers who shall, within the limits of the Town of Dover, engage a regulated vehicle for their transportation and who shall refuse to pay some or all of the fare permitted by this chapter may be found guilty of a disorderly persons offense by the Municipal Court and, for every conviction hereunder, shall be subject to one or more of the following: a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days.
Except as required by N.J.S.A. 48:16-1 et seq., any operator and/or driver found to have violated the provisions of this chapter may have his or her license issued hereunder suspended or revoked either by Chief of Police or by the Mayor and Board of Aldermen, and repeat offenders are subject to revocation of all their licenses issued hereunder. Furthermore, upon conviction of said violations by the Municipal Court, any operator and/or driver shall be subject to one or more of the following: a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days.
In addition to Subsection A above, three or more violations within a thirty-day period may be cause for the taxi-limousine business owner's Town license to be suspended for a period of up to 30 days, and six or more offenses within a twelve-month period may be cause for the permanent revocation of his or her Town taxi/limousine license.
§ 349-18Insurance; amount.
§ 349-19Certificate of compliance; contents; filing and posting.
§ 349-20Certain license or permit required for limousines providing
intramunicipal point-to-point service.
§ 349-21Limousine licensing.
§ 349-22Compliance with state statute.
§ 349-23Violations and penalties.
As used in this article, the following terms shall have the meanings indicated:
- Means and includes any automobile or motor car used in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route and with a seating capacity in no event of more than 14 passengers, not including the driver, provided that such a vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle, not including the driver, at the time of manufacture. Nothing in this article contained shall be construed to include taxicabs, hotel buses, buses employed solely in transporting school children or teachers, vehicles owned and operated directly or indirectly by businesses engaged in the practice of mortuary science when those vehicles are used exclusively for providing transportation related to the provision of funeral services, autobuses which are subject to the jurisdiction of the Department of Transportation, or interstate autobuses required by federal or state law or regulation of the Department of Transportation to carry insurance against loss from liability imposed by law on account of bodily injury or death.
- LIMOUSINE OR LIVERY SERVICE
- Means and includes the business of carrying passengers for hire by limousines.
- Means and includes any individual, co-partnership, association, corporation or joint-stock company, their lessees, trustees or receivers appointed by any court whatsoever.
- PRINCIPAL PLACE OF BUSINESS
- The location of the main place of business of the limousine service in the Town of Dover where limousine service is conducted, where limousines are dispatched, or where limousine drivers report for duty.
- Means and includes any street, avenue, park, parkway, highway, or other public place.
Except for limousines registered in other states pursuant to N.J.S.A. 48:16-22.4, no limousine shall be operated wholly or partly along any street in the Town of Dover until the owner of the limousine shall have filed with the Clerk of the municipality in which the owner has his, her or its principal place of business an insurance policy of a company duly licensed to transact business under the insurance laws of New Jersey in the sum of $1,500,000 against loss by reason of the liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as a result of any accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street. Such operation shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amount of $1,500,000. The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such limousine or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage, injury aforesaid.
Upon the filing of the required insurance policy by an owner having its principal place of business in the Town of Dover of a limousine or livery service, the Clerk of the Town of Dover, upon the payment of a fee of $50, shall issue in duplicate a license to operate showing that the owner of the limousine has complied with the terms and provisions of N.J.S.A. 48:16-14. The license shall recite the name of the insurance company, the number and date of expiration of the policy, a description of every limousine insured thereunder and the registration number of the same. The duplicate license shall be filed with the Division of Motor Vehicles before any such car is registered as a limousine. The original license shall be retained within the limousine and shall be available for inspection by any police officer in the state. In lieu of the recital of insurance information required on the license, pursuant to this section, the owner of the limousine may affix to the original license retained within the limousine a notarized letter from an insurance company containing the same insurance information required in the recital, which shall constitute proof of insurance coverage, and which shall also be available for inspection by any police officer in the state.
§ 349-20 Certain license or permit required for limousines providing intramunicipal point-to-point service.
Notwithstanding any other provisions of law to the contrary, the Town of Dover requires a limousine service to obtain a corporate license, permit, certificate or other form of authority if the limousine service is providing service on an intramunicipal point-to-point basis within the Town of Dover. The fee for the issuance of this license is $50 (which is addition to any other fee), which applies all limousines operated by a limousine service providing such intramunicipal point-to-point service within the Town of Dover.
No limousine shall be operated on the highways of the State of New Jersey unless it has a license issued pursuant to N.J.S.A. 48:16-17 and a limousine is equipped in accordance with the minimum standards established by the director of the Division of Motor Vehicles and the Department of Transportation with:
A two-way communication system, which, at a minimum, shall provide for communication to a person outside the vehicle for a distance of not less than 100 miles and which requirement may be satisfied by a mobile telephone;
A removable first aid kit and operable fire extinguisher, which shall be placed in an accessible place within the vehicle;
Sideboards attached to the permanent body construction of the vehicle if the height of the vehicle floor is 10 inches or more above ground level.
Any owner, operator or driver shall comply with N.J.S.A. 48:16-13 et seq. and any regulation enacted therefrom.
Any person who shall operate a limousine or livery service in any street in the Town of Dover without complying with the provisions of this chapter and with the provisions of N.J.S.A. 48:16-13 et seq. shall be guilty of a misdemeanor.