Township of Union, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Union 9-27-1983 by Ord. No. 3662 (Ch. 252 of the 1986 Code); amended in its entirety 12-27-2011 by Ord. No. 5224. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic generally — See Ch. 266.
Limousines — See Ch. 354.

§ 490-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CLERK
The Township Clerk.
DRIVER
A person to whom a taxicab driver's permit has been issued.
PERSON
An individual, partnership, firm or corporation as the same may be applicable.
PRINCIPAL PLACE OF BUSINESS
The location of the main place of business of the taxicab company in the Township of Union where taxicab service is conducted, where taxicabs are dispatched and where taxicab drivers report for duty.
[Added 2-25-2014 by Ord. No. 5292]
TAXICAB
Any automobile, taxicab or other motor vehicle engaged in the business of transporting passengers, for hire or pay within the Township, whether operated from stands in the street or dispatched by telephone calls to garages, or in any other manner, it being the intention of this chapter to include in the definition of "taxicab" such vehicles as carry passengers, for hire or pay, for which public patronage is solicited. Any motor vehicle, other than a bus or autobus, traveling on designated routes, using the streets of the Township for the purpose of carrying passengers for hire, for which public patronage is solicited, and the owner of which vehicle holds himself out as a public carrier shall be deemed a "taxicab" and shall be licensed as such.
TAXICAB DRIVER'S LICENSE PERMIT
The permit granted by the Clerk to a person to drive the driver of a taxicab upon the streets of the Township.
TAXICAB OWNER'S LICENSE
The license granted by the Clerk to operate a taxicab company, whose principal place of business is in the Township of Union.
[Amended 2-25-2014 by Ord. No. 5292]
TOWNSHIP
The Township of Union, Union County, New Jersey.
TRANSFER
To sell, transfer or in any other manner dispose of a taxicab license. Where the license is in the name of a corporation or other legal entity, any change in majority ownership of the corporation or other legal entity shall constitute a transfer thereof.

§ 490-2 Granting of licenses and permits.

The Clerk shall be empowered to issue or grant a taxicab owner's license and a taxicab driver's permit, provided the applicant thereof meets all requirements of this chapter.

§ 490-3 Number of licenses and permits to be issued.

A. 
Taxicab owner's licenses. The number of taxicab owner's licenses under this section to be issued and outstanding in any one year shall not exceed four.
B. 
Taxicab driver's permit. The holder of a taxicab owner's license under this section shall be permitted to obtain a taxicab driver's permit for as many drivers it deems necessary to the operation of the business.

§ 490-4 Taxicab operation; insurance requirements.

A. 
No taxicab owner's license to operate a taxicab shall become effective until the owner of the taxicab shall have filed with the Township Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of this state. Such license shall become effective, and operation thereunder shall be permitted, only so long as said insurance policy shall remain in force in the amounts as aforesaid. Said insurance policy shall remain in force in the amounts as aforesaid. Said insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance or use of the taxicab or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
B. 
The insurance policy must satisfy all claims for damages, by reason of bodily injury to, or death of, any person(s), or damages to property resulting from or on account of an accident by reason of the ownership, operation, maintenance or use of such taxi upon any public street.
C. 
The insurance policy must provide the greater of:
(1) 
Not less than $35,000 of motor vehicle liability insurance coverage or
(2) 
The amount required by N.J.S.A. 39:6B-1, maintenance of vehicle liability insurance coverage.

§ 490-5 License and permit required.

No person shall operate a taxicab for hire upon the streets of the Township, and no person who owns or controls a taxicab shall permit it to be so operated, and no taxicab licensed by the Township shall be so operated at any time for hire, unless the driver of said taxicab shall have first obtained and shall have currently in force a taxicab driver's permit issued under the provisions of this chapter and the owner of said taxicab shall have first obtained and shall have currently in force a taxicab owner's license.

§ 490-6 Application information for owner's license.

A. 
An application for a taxicab owner's license shall be filed with the Clerk upon forms provided by the Township. Said application shall be verified under oath and shall contain the following information:
(1) 
The name and address of the applicant and, where the applicant is not a natural person, the name and address of all owners or participants in the ownership of the legal entity and all officers, directors or others of like position, whatever be their title. The trade name of the business, if any.
(2) 
The year, type, model, plate number, serial number, and passenger capacity (not including driver) of vehicle for which the license is desired.
(3) 
Name, address of insurance company with minimum insurance requirements and expiration date of policy.
(4) 
A certified and sworn statement that the applicant has never been convicted in any state or a crime or a violation of this chapter or any prior ordinance of the Township relating to taxicabs.
(5) 
Upon an initial application for a taxicab owners license, the applicant shall submit to fingerprinting by the Police Department of the Township.
B. 
The annual application for renewal of taxicab owners license or to apply for a new license shall be filed not later than 90 days prior to the expiration date.
C. 
No taxicab owner's license shall be issued, unless the applicant therefor:
(1) 
Is at least 18 years of age.
(2) 
Has been a resident of the State of New Jersey for at least one year.
(3) 
Has consented to a criminal background check and has not been convicted of any of the following crimes:
(a) 
Aggravated assault.
(b) 
Arson.
(c) 
Burglary.
(d) 
Escape.
(e) 
Extortion.
(f) 
Homicide.
(g) 
Kidnapping.
(h) 
Robbery.
(i) 
Aggravated sexual assault.
(j) 
Sexual assault.
(k) 
Endangering the-welfare of a child pursuant to N.J.S.A. 2C:24-4.
(l) 
Crime pursuant to the provisions of N.J.S.A. 2C:39-3, 2C:39-4 or 2C:39-9.
(m) 
Other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2.[1]
[1]
Editor's Note: Former Subsection D, concerning license suspension, which immediately followed this subsection, was repealed 3-13-2012 by Ord. No. 5235.

§ 490-7 Duration of license and permit; fees.

A. 
A taxicab owner's license shall be for a term of two years. A fee of $1,000 shall accompany each application for an owner's license. In addition, a fee of $50 shall accompany each application for each vehicle operated as a taxicab.
B. 
A taxicab driver's permit shall be for a term of one year. A fee of $55 shall accompany each application for a driver's permit.
C. 
Additional fees shall apply for fingerprint and background checks and will be due upon request of the police department.

§ 490-8 Sale or transfer restrictions.

A. 
No taxicab owner's license may be sold, assigned or otherwise transferred without the consent of the Clerk. A license may be transferred to another person to be used in the bona fide operation of a taxicab business with the consent of the Clerk, upon the recommendation of the Police Department, after the filing of an application and upon payment of a transfer fee of $500, provided the new license holder complies with the terms of this chapter. No transfer may be made during the month of January.
B. 
No taxicab license shall be assigned, mortgaged, pledged or otherwise hypothecated to secure a debt, loan, advance or the like, unless such assignment, mortgage, pledge or other security arrangement is first approved by the Clerk.

§ 490-9 Driver's permit required.

No person shall operate a taxicab for hire upon the streets of the Township, and no person who owns or controls a taxicab shall permit it to be so operated, and no taxicab licensed by the Township shall be so operated at any time for hire, unless the driver of said taxicab shall have first obtained and shall have currently in force a taxicab driver's license issued under the provisions of this chapter.

§ 490-10 Permit not transferrable.

A taxicab driver's permit issued pursuant to this chapter shall be valid for the taxicab owners license stated in the application and shall not be transferrable to another taxicab owner's license.

§ 490-11 Permit prerequisites.

A. 
An application for a taxicab driver's permit shall be filed with the Clerk upon forms provided by the Township. The application shall contain the following information:
(1) 
The name and address of the applicant.
(2) 
Places of residence for the preceding five years.
(3) 
Age, height, color of eyes and color of hair.
(4) 
Place of birth.
(5) 
Marital status.
(6) 
Previous employment and employer.
(7) 
A statement made under oath that the applicant has not been convicted of any of the crimes set forth below.
(8) 
Whether a driver's license issued by any state or municipality to him has ever been suspended or revoked and for what cause.
(9) 
Satisfactory evidence that he has been the holder for at least one year immediately prior to the date of application of a valid New Jersey automobile driver's license.
(10) 
Driver's license number.
(11) 
Name of taxicab owners license to which permit will apply.
B. 
The application shall be accompanied by four passport-type photographs of the applicant taken within 30 days of the application, front view, size two inches by two inches.
C. 
The application shall be accompanied by a certificate of a licensed physician of the State of New Jersey, dated within 60 days prior to the filing of the application, stating that in his opinion the applicant is physically sound, with good eyesight and is not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might make him unfit for the safe operation of a taxicab.
D. 
Upon an initial application for a taxi driver's license, the applicant shall submit to fingerprinting by the Police Department of the Township.
E. 
Has consented to a criminal background check and has not been convicted of any of the following crimes:
(1) 
Aggravated assault.
(2) 
Arson.
(3) 
Burglary.
(4) 
Escape.
(5) 
Extortion.
(6) 
Homicide.
(7) 
Kidnapping.
(8) 
Robbery.
(9) 
Aggravated sexual assault.
(10) 
Sexual assault.
(11) 
Endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4.
(12) 
Crime pursuant to the provisions of N.J.S.A. 2C:39-3, 2C:39-4 or 2C:39-9.
(13) 
Other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2.
F. 
Has a current driver's license at the time of application and maintains a valid license during the term of the permit.
[Amended 3-13-2012 by Ord. No. 5235]
G. 
The annual application for renewal of taxicab licenses or to apply for a new license shall be filed not later than 90 days prior to the expiration date.

§ 490-12 Processing of applications for license and permit.

Upon filing of an application for a taxicab owner's license or a taxicab driver's permit, the Clerk shall refer the same to the Police Department which shall conduct an investigation thereof. The applicant's photograph and fingerprints shall be forwarded to the Bureau of Records and Identification in the Police Department. A report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application and returned for the consideration of the Clerk.

§ 490-13 Issuance of license or permit.

If an application for a taxicab owners license or driver's permit meets the requirements of this chapter, the Clerk shall issue the license or permit to the applicant. The driver's permit shall bear the name, signature and recent photograph of the applicant. The permit shall also contain the Township permit number and bear the signature of the Clerk. The license shall contain the Township permit number and bear the signature of the Clerk.
A. 
While a taxicab driver is operating a taxicab, his driver's license and permit shall be displayed as provided in this chapter.

§ 490-14 Responsibility for operation of vehicle.

Every holder of a taxicab driver's permit shall be responsible for the operation of the vehicle for which the license has been granted, regardless of the legal relationship between such holder and the driver of said vehicle.

§ 490-15 Vehicle state inspection.

Prior to the use and operation of any vehicle under the provisions of this chapter, said vehicle must pass New Jersey State inspection, if applicable. The Department of Police may also examine any and all such licensed vehicles at any time. A report in writing of all such inspections shall be made to the Clerk.

§ 490-16 Condition of vehicles.

[Amended 3-13-2012 by Ord. No. 5235]
Every vehicle operating under this chapter shall be kept in a clean and sanitary condition, and the vehicle shall be free from body damage, rust and the like.

§ 490-17 Vehicle identification and markings.

Every taxicab shall bear the following identification:
A. 
A card at least three inches in height by five inches in length, setting forth in legible letters the name of the taxicab owner, the license number of the vehicle and year of issue, which card shall be so affixed as to be visible to any passenger within the taxicab.
B. 
The taxicab driver's permit issued by the Clerk shall be so affixed as to be visible to any passenger within the taxicab.
C. 
Each taxicab shall bear on the outside of each front door in painted letters not less than three inches nor more than four inches in height, in contrasting colors, the name of the owner, association of which the owner is a member or registered trade name by which the owner conducts his business. The number assigned to each cab by the Clerk shall be placed on each side of the taxicab and on the center of the rear trunk deck lid. The numbers assigned by the Clerk shall run in sequence and not be duplicated.
D. 
The name of the owner or corporate owner shall be painted in legible letters two inches in height on the rear doors.
E. 
All taxicabs shall display on the body of the vehicle their taxi license number along with each municipality that has issued a taxi license to that taxicab. The information shall be no less than three inches in height. The taxi license number must be located on the center rear quarter panel on the driver and passenger sides as well as the rear center line of the truck.
F. 
Each taxicab shall have one dominant color that is the same for all other taxicabs operating under the same taxicab owner's license.
[Added 3-13-2012 by Ord. No. 5235]

§ 490-18 Fares.

The fares authorized to be charged to the public for the use of a taxicab shall be reasonable and customary, and not excessive.

§ 490-19 Disputes.

A. 
All disputes as to the fare charged may, upon request of the driver or passenger, be determined by the police officer then in charge of the police headquarters.
B. 
It shall be unlawful for any person to:
(1) 
Fail to comply with a determination described in Subsection A of this section; or
(2) 
Hire any taxicab with intent to defraud the person from whom it is hired of the value of such service.

§ 490-20 Seating requirements.

No person, other than the licensed driver of the taxicab, shall ride or sit in the front seat of the taxicab, unless the rear seat is fully occupied by passengers. This provision shall not apply to passengers who must sit in the front seat for physical or health reasons.

§ 490-21 Renting of taxicabs.

A. 
It shall not be unlawful for the owner of any taxicab to hire out or rent such taxicab to a taxicab driver or any other person for use within the Township for a stipulated sum over a specified period of time, provided that:
(1) 
Said lessee is licensed by the Township to drive a taxicab upon the streets of the Township.
(2) 
The owner files with the Clerk a certificate of insurance that the operators and drivers of such taxicabs are covered by worker's compensation insurance in accordance with the laws of the State of New Jersey. The period of insurance coverage, as evidenced by said certificate, shall be concurrent with the term of the license.
B. 
No holder of a taxicab license or driver of a taxicab shall knowingly permit his taxicab to be used for any illegal or immoral purpose.

§ 490-22 Receiving and discharging passengers.

Taxicab drivers shall not receive or discharge passengers in the roadway but shall pull their taxicabs as close as possible to the right-hand curb or, in the absence of a curb, to the extreme right-hand side of the road and there receive or discharge passengers. On one-way streets passengers may be discharged at either the right- or left-hand curb or side of the roadway where no curb exists.

§ 490-23 Restricted occupancy.

A. 
No driver shall permit any other person to occupy or ride said taxicab, unless the person or persons first employing the taxicab shall consent to the acceptance of an additional passenger or passengers.
B. 
No charge shall be made for an additional passenger, except when the additional passenger rides beyond the previous passenger's destination.
C. 
Unless otherwise permitted by the Clerk, no driver shall permit more than four persons to be carried in a taxicab as passengers. A child under six years of age shall not be counted as a passenger for the purposes of this subsection.

§ 490-24 Refusal to carry persons upon request.

No driver shall refuse or neglect to carry any orderly person or persons, upon request, to the destination requested, unless the driver is previously engaged or unable or forbidden by the provisions of this chapter to do so.

§ 490-25 Advertising on vehicles.

Subject to such regulations as may be promulgated by the Township Committee, it shall be lawful for any taxicab licensee to permit advertising matter to be affixed and installed in taxicabs licensed under this code. Such advertising matter shall be of a dignified nature and shall not be lewd, lascivious or obscene, and the copy thereof shall, before being affixed to the taxicab, be approved by the Township Clerk.

§ 490-26 Lost property; disposition.

At the termination of each trip, the driver of a taxicab shall thoroughly search the interior of such taxicab for any property lost or left therein by a passenger. Such property, unless sooner claimed or delivered to the owner, must be reported in writing by the driver or holder to the Police Department with brief particulars and description within 24 hours after the same has been found.

§ 490-27 Responsibility of owners.

It shall be unlawful for any person owning or operating a licensed taxicab to permit such taxicab to be operated by any person who does not hold a valid taxicab driver's permit as required by this chapter.

§ 490-28 Daily records; available for inspection.

A. 
Except as otherwise provided in Subsection B hereof, the holder of a taxicab owner's license shall require each driver to maintain, and the driver of each taxicab shall maintain, a daily record upon which all trips shall be recorded. The daily record shall show the taxicab number, license number of the driver, specific hours of duty, time and place of origin and destination of each trip and the amount of fare received for each trip. All such records shall be furnished to the holder of the license and shall be retained by him for one year. The holder shall be responsible for the maintenance of daily records of all taxicabs operated by him.
B. 
In the event that one or more taxicabs are dispatched by radio from a central location, the records required by Subsection A hereof shall be maintained at said central location.
C. 
Every holder shall record in a book, maintained solely for such purpose, the time of departure from the garage of every licensed taxicab; the name, address and license number of the driver thereof; the license number of the taxicab and the time of the taxicab's return to the garage.
D. 
All records required by this section shall be open to inspection by representatives of the Police Department.

§ 490-29 Taxi stands. [1]

A. 
All such stands shall be used by taxicab drivers on a first-come-first-served basis. The Administrator may prescribe the maximum number of taxis which may occupy any one stand at any one time.
B. 
Taxi stands are limited to use by a taxicab occupied by a driver.
[1]
Editor's Note: As to specific provisions relating to taxi stands, see Ch. 266, Vehicles and Traffic.

§ 490-30 Suspension or revocation.

Any taxicab owner's license or permit, for proper cause, maybe suspended or revoked upon the filing and serving of charges and after a due process hearing held thereon. Said suspension may be immediate, if determined by the Police Department to be an emergency affecting the health, safety and welfare of the residents of the Township, but in such case, the license holder or permit holder shall be entitled to a hearing within five business days before the Township Committee.

§ 490-31 Violations and penalties.

Any person, firm or corporation violating any of the provisions of this chapter shall be, upon conviction thereof, punished by one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,250 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section. In addition thereto, the license or licenses authorized by this chapter shall be suspended pending action by the Township Committee with respect to the suspension or revocation thereof in accordance with § 490-30 hereof.