[HISTORY: Adopted by the Town Council of the Town of Newton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-8-1970 as Ch. 9 of the Revised General Ordinances]
As used in this article, the following terms shall have the
meanings indicated in this section:
Refers to the first application made by a person for a taxicab
owner's license and also to any application for permission to
increase the number of taxicabs authorized in an existing license.
Accepting or soliciting passengers indiscriminately for transportation
for hire between two points within the Town of Newton or at a point
within the Town of Newton to a destination outside its boundaries
as may be directed by the passenger(s). "Soliciting" shall include
the driving of an empty taxicab at a slow rate of speed along a public
street, parking in parking spaces or driveways of commercial businesses
without conducting any business or repeated travel or stopping along
streets for the obvious purpose of soliciting passengers. The operation
of any taxicab by any individual other than the owner shall be deemed
operation by the owner as well as the person actually driving the
taxicab.
Any person in whose name title to any taxicab is registered
with the New Jersey Division of Motor Vehicles or who appears in the
Division's records to be a conditional vendee or lessee or has
any other proprietary interest in a taxicab.
The reissuance of a license to an owner or driver, which
license contains essentially the same provisions as a previously issued
license which is about to expire but which has not yet expired.
A motor vehicle for hire designed to carry seven passengers
or less, including the driver, operated on any highway or public street
in the Town of Newton, accepting or soliciting passengers indiscriminately
for transportation for hire between two points within the Town of
Newton or at a point within the Town of Newton to a destination outside
its boundaries as may be directed by the passenger(s), provided that
nothing in this article shall be construed to include as a taxicab
a motor vehicle operated over a fixed routes or schedules or that
is hired by the day or hour.
A.
No person shall operate a taxicab within the Town unless both the
owner and the driver of the taxicab are licensed under this article.
B.
All licenses issued under this article are deemed valid for one year,
and requests for renewal must be submitted at least 30 days prior
to expiration to the Chief of Police.
A.
Driver's license. The holder of a taxicab driver's license
shall be entitled to operate within the Town any taxicab whose owner
has been licensed under this article.
B.
Owner's license. The holder of a taxicab owner's license
shall be entitled to operate a taxicab owned by him/her or permit
other person(s) to operate a taxicab owned by him/her within the Town,
provided that the person driving the cab holds a valid taxicab driver's
license.
A.
Application information.
(1)
Application for a taxicab owner's license shall be made to the
Chief of Police on forms provided by him and shall contain the following
information:
(a)
The name and address of the applicant. If the applicant is a
corporation, the name and the address of its principal place of business,
and the name and address of its registered agent must be provided.
(b)
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 in New Jersey or in any other state.
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 garages.
(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/her 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,
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/she should be granted a license.
(g)
A full color sketch or photograph showing the color scheme of
the taxicabs to be operated by the applicant and another full color
sketch or photograph of any insignia or design which the applicant
intends to use to identify the taxicabs.
(h)
Name of insurance carrier, date of expiration, limits of coverage
and other pertinent information relating to liability insurance.
(i)
Any licenses issued by the Federal Communications Commission
(FCC) used in connection with the business.
(j)
Any other appropriate information which the Council may require
by resolution.
(2)
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.
B.
Investigation. The Chief of Police shall advise the Council of the filing of an application. 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 of this section. 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.
C.
Notice of hearing.
(1)
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.
(2)
In the event that the Council decides that a hearing is necessary,
the Council shall set a date for a hearing on the application and
notify the applicant. The applicant shall be given at least five days'
notice of the fact that a hearing will be held and its time and place.
The Town shall cause a notice of the time and place of hearing to
be published once in a newspaper circulating in the Town at least
three days before the date set for the hearing.
(3)
The applicant shall also be furnished with a copy of the record of
the Chief of Police.
D.
Conduct of hearing. At the hearing any person 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 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.
E.
Factors considered. In determining whether to grant or deny the application,
the Council shall take into consideration the following factors:
(1)
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 article.
(2)
The number of taxicabs already in operation, the need of the public
for additional service, and any increased inconvenience that would
result to the public if more taxicabs were placed in operation.
(3)
Any other factors directly related to the granting or denial of the
application which would substantially affect the public safety or
convenience.
F.
Issuance of license. The Council shall, by resolution, approve or
disapprove the application. If the application is approved, the Municipal
Clerk shall issue the license upon receiving satisfactory proof from
the applicant 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.
H.
Renewals.
(1)
A taxicab owner's license may be renewed annually as follows.
(a)
Prior to the expiration of the license the licensee shall request
from the Chief of Police a renewal application. Applications shall
be completed in all particulars and returned to the Police Chief no
later than 30 days prior to the expiration date. It shall be the sole
responsibility of the licensee to furnish the required information
on the renewal application. Failure to comply may result in a lapse
of licensing.
(b)
Upon receiving the filed application, the Police Chief shall
review the renewal application and report to the Town Council as to
whether the renewal application is substantially the same as the original
and make a recommendation as to whether the application should be
renewed.
(2)
If the Council then feels that a hearing is warranted, or if there are substantial changes in the renewal application, or if the Chief of Police does not recommend to the Council that the applicant's license be renewed, then the Town Council may choose to hold a hearing. The notice and conduct of the hearing shall be in accordance with Subsections C and D of this section above.
I.
Change in vehicles. An owner with a valid owner's license may
during the year substitute vehicles as long as he first files an amendment
to his initial or renewal application and complies with all other
sections of this article. Any addition or subtraction of the number
of vehicles operated shall constitute a new license application.
A.
Applications. Applications for a taxicab driver's license shall
be made to the Chief of Police on forms provided by him and shall
contain the following information:
(1)
The name, address, telephone number, social security number and date
of birth of the applicant.
(2)
The applicant's valid driver's license number and expiration.
(3)
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 in New Jersey or in any other
state. If the applicant has been convicted, the date and place of
the conviction, the nature of the offense and the punishment imposed.
(4)
A list of all the places where the applicant has ever applied for
or been granted a license to drive a taxicab.
(5)
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.
(6)
The names and addresses of all persons by whom the applicant has
been employed for the past five years, the positions held, and the
nature of the work performed.
(7)
A statement of any physical conditions or impairments or any regularly
prescribed medication. For any such condition, impairment or medication,
the applicant shall submit a physician's certification that he/she
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
such condition, impairment or medication does not impair the applicant's
ability to drive a taxicab.
(8)
Three photographs of the applicant, no hat or glasses, at least two
inches by two inches, clearly showing the head and shoulders of the
applicant.
(9)
Three personal references affirming that the applicant is of good
moral character and clean in dress and person.
(10)
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.
B.
Investigation. The Chief of Police or a police officer designated
by him shall 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.
C.
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.
D.
Notice of hearing. 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 its time and place. The
applicant shall also be furnished with a copy of the record of the
Chief of Police.
E.
Conduct of hearing. At the hearing any person may appear in person
and make a brief statement or submit a written statement in support
of or in opposition to the granting of the license. 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.
F.
Issuance of license; contents. Upon approval of the application by
the Council, the Town Clerk 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.
A.
Initial inspection. Before a vehicle is used as a taxicab within
the Town 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. In addition, the following shall apply.
(1)
Doors. All taxicabs shall have four doors, two leading into the passenger
compartment and two leading into the driver's compartment. The
doors shall be so constructed that they may be opened from the inside
and outside. Each door shall be constructed with an approved safety
lock.
(2)
Windows. All doors shall have windows that can be operated independently
by the passenger. All windows in the rear and side of the taxicab
shall be of such size, dimensions and clarity that passengers may
be readily seen and identified through the windows.
(3)
Seat belts. All seat belts shall be visible and available for use
by passengers in both the front and rear seats for each and every
fare. All required child passenger safety seats shall be used when
applicable.
(4)
Lights. Every taxicab shall be equipped with a passenger compartment
light adequate to illuminate the interior of the passenger compartment
and with a switch easily accessible to the passenger.
B.
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.
C.
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 Town 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 remain out of service until the defect is corrected.
D.
Record of inspections. It shall be the duty of the Chief of Police
to maintain detailed records covering the inspection of taxicabs.
A.
Identification required. Each taxicab operated in the Town shall
have a sign printed on the front door of both sides of the vehicle
that is clearly legible and in contrast to the color of the taxicab.
The sign shall contain the owner's name and the words "taxicab"
or "taxi" in letters which shall not be less than four inches nor
more than eight inches in height.
B.
Imitation of color scheme or insignia. No taxicab operated in the
Town shall imitate the color scheme or any identifying design or insignia
of another taxicab lawfully operating in the Town, 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.
A.
Rates of fare and baggage charges.
(1)
Rates
of fare. The fare that may be charged by the driver or owner of a
taxicab shall be reasonable and on par with rates charged by similar
business practices.
(2)
Charge for baggage. In addition to the regular passenger fare, the
driver may charge a reasonable extra fee for the carrying and/or handling
of personal baggage belonging to the passenger, except that there
shall be no charge for transporting of handbags, valises or personal
baggage belonging to the passenger which does not require the assistance
of the driver.
B.
Display of rates.
(1)
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.
(2)
The owner of a taxicab will furnish the Chief of Police with a listing
of all rates of fare and any extra fees that may be charged to any
passengers.
C.
Receipts. Upon the 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.
A.
Additional passengers. No driver shall permit an 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.
B.
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 that the vehicle is initially inspected as provided by § 283-6A. No driver shall permit more persons to be carried in his taxicab as passengers than the number stated as the maximum permissible seating capacity.
C.
Refusal to carry passengers. No driver shall refuse to carry an orderly
person to a destination within the Town unless previously engaged
or unable or forbidden by the provisions of this article to do so.
D.
Misrepresentation. No driver of a taxicab shall induce any person
to employ him by 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 Town, or at 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.
A.
Transfer of licenses. A license issued under this article shall apply
only to the person to whom it is issued and shall not be transferable.
B.
Display of license. A driver licensed under this article shall display
his driver's license in such a manner that it can be seen by
all persons riding in the taxicab as passengers. No license shall
be displayed in a taxicab which does not belong to the person actually
driving at the time.
C.
Records. A 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. All such records shall be retained
for two years by the licensee of the taxicab, who shall be responsible
for the maintenance of daily records for all taxicabs operated by
him. The forms for such daily records shall be furnished by the licensee
after prior approval thereof by the Chief of Police. All such records
to be maintained by the licensee shall be open for inspection by the
Chief of Police at any time.
D.
Lost property. A 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.
Insurance required: a policy of insurance with the premium prepaid
of a company duly licensed to transact business under the insurance
laws of the State of New Jersey in the sum of $500,000 against loss
from liability imposed by law upon the owner for damages suffered
by one person; and in the sum of $500,000 against loss from liability
imposed by law upon the owner for death suffered by more than one
person as a result of an accident occurring by reason of the ownership,
maintenance or use of the vehicle so licensed; and in the sum of $500,000
against loss from liability imposed by law upon the owner for property
damage suffered by any person or persons as a result of an accident
occurring by reason of the ownership, maintenance or use of the vehicle
so licensed. The insurance policy shall provide for the payment of
any final judgment received by any person or persons on account of
the ownership, maintenance and use of the vehicle or any fault in
respect thereto and shall be for the benefit of any person suffering
any loss, damage or injury as aforesaid, and shall recite on its face
that it is issued in pursuance of this article; provided, further,
that a power of attorney shall be executed and delivered to the Treasurer
concurrently with the filing of the policy of insurance, wherein and
whereby the owner shall nominate, constitute and appoint the Treasurer
as his true and lawful attorney for the purpose of acknowledging service
of any process of a court of competent jurisdiction to be served upon
the insured by virtue of the indemnity granted under the insurance
policy filed. Unless the policy of insurance and power of attorney
are filed with the Clerk within 30 days from the date of approval
of the application by the Council, no license shall be issued upon
the application.
A.
Causes. A license issued under 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:
(1)
Failure to render reasonable, prompt, safe and adequate taxicab service.
(2)
The existence of a judgment of record unsatisfied against the licensee
or applicant in any suit arising over the operation of a motor vehicle.
(3)
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.
B.
Drivers. If the licensee is a driver, his license may also be revoked
or suspended for the following reasons:
(1)
Revocation or suspension of his New Jersey motor vehicle operator's
license.
(2)
Contraction by the licensee of a communicable or contagious disease.
(3)
Operating a taxicab in a reckless or grossly negligent manner or
habitually operating a taxicab in a negligent manner.
(4)
A violation of the provisions of this article.
[Amended 2-13-2012 by Ord. No. 2012-2]
Any person who shall operate a taxicab in the Town of Newton without a valid taxi driver's permit 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 punishable as provided in Chapter 1, Article III, General Penalty.
[Amended 2-13-2012 by Ord. No. 2012-2]
In order to ensure 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.
It shall be the duty of all police officers of the Town of Newton
to enforce the provisions of this article.
[Adopted 4-23-2007 by Ord. No. 2007-11]
As used in this article, the following terms shall have the
meanings indicated, except as these terms are otherwise defined by
N.J.S.A. 48:16-13 or its successor statute.
The owner of a limousine or limousine service that has submitted
an application for a license from the Town of Newton under this article.
Commercial office space at which the actual business of a
limousine service is conducted in compliance with local zoning and
use regulations. A business address may or may not be the principal
place of business
The calendar year from January 1 through December 31.
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
schoolchildren 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 regulations
of the Department of Transportation to carry insurance against loss
from liability imposed by law on account of bodily injury or death.
Includes the business of carrying passengers for hire by
limousines.
In reference to a municipality, the location of the main
place of business of the limousine service in the municipality where
limousine service is conducted, where limousines are dispatched, and/or
where limousine drivers report for duty.
A.
Principal place of business in Newton. Whenever the owner of a limousine
has its principal place of business located within the Town of Newton,
said owner shall annually file for a license for each such owned limousine
to be issued by the Town in accordance with N.J.S.A. 48:16-17. The
Town of Newton shall issue such license upon the owner's satisfaction
of all of the requirements set forth in this article.
B.
Foreign limousine registration with business address in Newton. Whenever
the owner of a limousine maintains a business address in the Town
of Newton; owns a limousine that is registered in another state or
the District of Columbia; satisfies all of the requirements set forth
in this article; and desires to obtain a license for each such limousine
from the Town of Newton, said owner shall annually file for a license
for each such owned limousine to be issued by the Town in accordance
with N.J.S.A. 48:16.22.4(a). Pursuant to New Jersey statute, the owner
may have his principal place of business in a location other than
a municipality in the State of New Jersey, in which case, the owner
may elect a municipality in New Jersey in which he has a business
address to file the required insurance policy and receive the license
to operate. The Town of Newton shall issue such license upon the owner's
satisfaction of all of the requirements set forth in this article.
[Amended 5-29-2013 by Ord. No. 2013-15]
C.
Intramunicipal service. Whenever a limousine service provides intramunicipal
service on a point-to-point basis within the Town of Newton, the owner
of the limousine or limousine service shall annually file for a license
for each limousine providing said service, to be issued by the Town
as permitted by N.J.S.A. 48:16-18.1. The Town of Newton shall issue
such license upon the owner's satisfaction of all of the requirements
set forth in this article.
A.
Fee. The applicant shall pay a nonrefundable, nontransferable fee as set forth in § 100-14C or such maximum fee allowed under N.J.S.A. 48:16-17, whichever fee is higher.
B.
Insurance. The applicant shall submit proof of insurance for liability
to the Municipal Clerk in accordance with N.J.S.A. 48:16-14, issued
by an insurer licensed to do business in New Jersey, having a minimal
coverage of $1,500,000, or such other minimum amount set forth in
N.J.S.A. 48:16-14 if different. Said proof shall be in the form of
an insurance certificate issued by the insurance company.
C.
Verification fee. The applicant shall annually pay to the Town of
Newton a nonrefundable, nontransferable fee for verification of the
accuracy of its license application information as follows:
(1)
Whenever the applicant represents that its principal place of business is located within the Town of Newton, the Town shall conduct its own investigation to confirm whether such a principal place of business exists within the Town of Newton. The verification fee for this investigation shall be as set forth in § 100-14C for each such principal place of business within the Town of Newton each license year.
(2)
Whenever the applicant represents that it maintains a business address in the Town of Newton and owns a limousine that is registered in another state or the District of Columbia, the Town shall conduct its own investigation to confirm both the Newton business address and the validity of the foreign registration of each limousine. The verification fee for this investigation shall be as set forth in § 100-14C for each such limousine and each such business address each license year.
(3)
Whenever the applicant seeks an intramunicipal license for the Town
of Newton and represents that its principal place of business is located
in another New Jersey municipality, there shall be no verification
fee required, provided that the applicant presents a valid license
for each such limousine from the New Jersey municipality in which
the applicant's principal place of business is located.
The duration of each license issued by the Town of Newton shall
be for that portion of the license year remaining from the date of
issuance of said license.
