For the purposes of this chapter, the following
words and terms shall have the meanings given herein:
DRIVER'S LICENSE
A license required by all operators of a vehicle for hire
doing business within the Township.
LIMOUSINE
Any vehicle which has been issued a livery license plate
by the New Jersey Motor Vehicle Commission and is used exclusively
to carry passengers for hire on an hourly or daily basis pursuant
to a written contract, does not have an established route and is constructed
and designed as to comfortably seat not more than 14 passengers as
established in N.J.S.A. 48:16-13, Article 2, excluding the operator
of the vehicle.
[Amended 12-23-2013 by Ord. No. 2013-15]
OWNER'S LICENSE
A license required by all owners or lessees of a vehicle
for hire doing business within the Township.
TAXICAB and TAXI
Any full-size, four-door sedan, station wagon, sports utility
vehicle or van, with a carrying capacity of not less than four passengers,
not including the driver, used in the business of carrying passengers
for hire, and particularly accepts and discharges such persons from
points and places to points or places within or outside the Township.
TAXICAB STAND
A section of a public street or public place set apart for
the exclusive use of a limited number of taxicabs when the section
is distinctly marked as such.
TAXIMETER
A mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, either for the distance traveled or for waiting time, or for both, and upon which such charges shall be plainly indicated by means of figures, based upon rates established pursuant to §
165-10.
[Amended 12-23-2013 by Ord. No. 2013-15]
A. Who must file application. Applications for all owner’s
licenses for vehicles for hire shall be made by the owner of the vehicle.
The owner shall be responsible to bring in renewal paperwork for the
lessee and each driver by the March 31 deadline. Lessees and drivers
are responsible to provide their paperwork to the owner for submittal
in a timely manner.
[Amended 8-4-2014 by Ord. No. 2014-15]
B. Time to file renewal application for owner's license.
All renewal applications for owner's licenses issued under this chapter
will be accepted from January 1 through February 28 each year. A charge
of $25 will be imposed daily for late submissions.
[Amended 10-16-2017 by Ord. No. 2017-31]
C. Applications
for newly transferred owner licenses or vehicle replacements will
be accepted throughout the licensing year and shall be effective for
the remainder of the current licensing year.
D. Issuance and term of owner's license. Each owner's
license issued under this chapter shall be effective for a period
of one year, from May 1 to April 30 of the next year.
E. Requirements for an applicant for an owner's license.
Each applicant for an owner's license for a vehicle for hire under
the terms of this chapter must conform to the following requirements:
(1) Be at least 21 years of age.
(2) If the applicant is a corporation, the corporation
must either be incorporated in the State of New Jersey or incorporated
in the Commonwealth of Pennsylvania or the State of New York and authorized
to do business in this state. If the applicant is an individual, the
individual must be a resident of the State of New Jersey, the Commonwealth
of Pennsylvania, or the State of New York.
(3) Not be convicted of a crime involving moral turpitude.
If a partnership, this subsection shall apply to each partner, or,
if a corporation, it shall apply to the officers and directors.
(4) The applicant must be a citizen of the United States
or a legal resident alien. If the applicant is a partnership, then
each partner must be a citizen of the United States or a legal resident
alien. A copy of the alien registration card or work permit must be
submitted with the application.
(5) Owners are responsible for the submission of all renewal paperwork,
any transactions, transfers, leases, drivers and anything related
to the taxi company and their lessees and/or vehicles.
[Added 8-4-2014 by Ord. No. 2014-15]
F. Insurance required.
(1) No owner's license shall be issued until the applicant
has first filed with the Township a certificate of insurance issued
by a company duly licensed to transact business under the insurance
laws of New Jersey, evidencing the following minimum amounts of insurance
coverage for each vehicle the applicant seeks to have licensed in
the Township:
(a)
Personal injury, per person: $50,000.
[Amended 10-16-2017 by Ord. No. 2017-31]
(b)
Property damage: $25,000.
[Amended 10-16-2017 by Ord. No. 2017-31]
(c)
Uninsured motorist coverage in such amounts
as shall be fixed by statute at the time of the application.
(2) The Township of West Windsor must be named as an additional
insured on any insurance policy submitted in compliance with the requirements
of this subsection.
(3) The applicant shall, concurrent with the filing of
a certificate of insurance with the Township, execute and deliver
to the Township a power of attorney wherein the Township Clerk shall
be appointed the applicant's true and lawful attorney for the purpose
of acknowledging service of any process served against the insured
pursuant to the insurance policy.
(4) Cancellation/termination/expiration of an insurance policy shall subject the licensee to a license suspension or revocation in accordance with §
165-9D.
(5) When the insurance coverage is changed to a different
provider, proof of insurance shall be provided, and the certificate
of insurance shall be provided within one week of the change.
G. Leased vehicle requirements.
[Amended 8-4-2014 by Ord. No. 2014-15]
(1) If the vehicle for hire is leased, the names of the owner, lessee,
and name of company lessee is doing business as (d/b/a), and West
Windsor Township must appear on the insurance policy and certificate
of insurance submitted with the license application.
(2) A copy of the lease agreement must be submitted to the Township with
the license application each year during the renewal period or at
time of transfer to a different lessee.
H. Fingerprints required. New applicants shall provide their fingerprints for new licenses on such form as may be prescribed by the Township. If deemed necessary by the Director of Public Safety, a SBI form may be required for new licenses. Renewal licenses will be required to file a SBI form yearly. Fees associated with this are authorized in Chapter
82, Fees. The results of the fingerprinting shall be sent by the prescribed entity or contractor directly to the West Windsor Township Police Division.
I. Information required to be submitted on application
for owner's license. An applicant for an owner's license shall be
required to provide the following information on the application for
an owner's license:
(1) If an individual, the full name of the applicant, street and post
office business address and phone number; place of residence and phone
number; previous places of employment; citizenship information; whether
charged with, arrested or convicted of a crime or other violation
of law and, if so, what crime or offense; whether previously licensed
to operate a vehicle for hire and, if so, where; whether such license
to operate has ever been revoked and, if so, for what cause; whether
previously licensed to own a vehicle for hire and, if so, where; and
whether or not such owner's license has ever been suspended or
revoked and, if so, for what reason(s).
(2) If a partnership, the firm name, main office and branch office locations and names, addresses and phone numbers of partners. The additional information required in Subsection
H above shall also be required for each partner.
(3) If a corporation, the name of the corporation, main office and branch office locations with phone numbers, the state of incorporation, the names and addresses of all officers and directors and their citizenship status and a list of all stockholders who hold more than 10% of the corporate stock, The additional information required in Subsection
H above shall also be required for each officer and director.
(4) Information about the vehicle to be licensed, including
the following:
(a)
Vehicle year, make, model and color of vehicle.
(b)
Vehicle identification number.
(c)
New Jersey State license plate number.
(e)
Insurance company, policy number and expiration
date.
(5) All applications shall be signed by the applicant,
if an individual, and, if a partnership or corporation, by a person
duly authorized by said entity.
J. Proof of insurance letter to be issued upon submission of complete application. Proof of insurance letter for the purposes of motor vehicle registration will only be issued by the municipality after a completed application, including proof of adequate insurance in the form of a certificate of insurance issued by an insurance company authorized to transact business in the State of New Jersey naming West Windsor Township and the owner of the license or lessee as the additional insured and a power of attorney are submitted. The issuance of a proof of insurance letter should not be construed as the Township's approval of the issuance of an owner's license. A fee shall be charged for the preparation of the proof of insurance letter for motor vehicle registration, as authorized in Chapter
82, Fees.
[Amended 8-4-2014 by Ord. No. 2014-15]
K. Operation only with license. No owner of any vehicle
for hire for which an owner's license has been issued shall allow
such car to be driven or operated by any person who is not the holder
of an operator's license duly issued under the provisions of this
chapter. Failure to comply will result in owner license suspension.
L. Investigation of application. The Police Division
shall make an investigation of the applicant's background, including
records of the State Bureau of Investigation and municipality, as
well as the applicant's prior licensing history. The applicant shall
provide other relevant information as requested by the Police Division.
The Police Division shall make a recommendation to the Director of
Public Safety (or the Director's designee), who shall approve or disapprove
the application.
M. Changes in owner's license information. Any change
in information contained in the owner's license application shall
be reported to the Township within three days thereof. A charge in
the amount of $25 shall be levied for each calendar day after three
days that any such changes are not reported to the Township.
N. Lost and replacement licenses.
(1) A lost or damaged license may be replaced upon application to the Township Clerk's Office if requested. The fee for replacement of a lost or destroyed license is as established in Chapter
82, Fees.
(2) In the event that information must be revised on the license, the licensee may obtain a replacement license with revised information by applying to the Township Clerk's office. The fee for a replacement license shall be as set forth in the Chapter
82, Fees.
All vehicles for hire which an owner intends
to have licensed for operation in the Township shall be subject to
the following requirements:
A. Inspection of vehicle.
[Amended 12-23-2013 by Ord. No. 2013-15]
(1) No vehicle for hire shall be licensed until it has been inspected
and examined by the West Windsor Township Police Division and found
to be in a safe condition for the transportation of passengers. Such
inspection shall be made and approval given prior to issuance of an
owner's license.
(2) Inspections will be done by appointment only.
(a)
Appointments are to be scheduled by phoning the West Windsor
Police Division-Traffic Bureau (telephone number 609-799-1222).
(b)
All renewal inspections must be completed no later than March
31 of the renewal year. Any inspection not completed by March 31 shall
be fined $10 a day until the inspection has been completed.
[Added 10-16-2017 by Ord.
No. 2017-31]
(3) Every vehicle operating pursuant hereto shall be periodically inspected by the Police Division or other enforcement personnel of the municipality to ensure the continued maintenance for safe operation and clean and sanitary conditions. If a vehicle fails to comply with §
165-5B and
C during said inspection, the owner will be given a time frame by the Police Division in which to comply with requirements in order to pass re-inspection. A fine of $25 shall be levied for each calendar day, after the day given by the Police Division, that the vehicle does not pass re-inspection.
B. Vehicle
requirements for all vehicles for hire.
(1) The
owner's license of the vehicle for hire shall be affixed in each vehicle
for hire in a place where it can be conveniently seen by any passenger
at any time.
(2) In accordance
with N.J.S.A. 39:3-76.2a, no vehicles for hire shall transport a child
under the age of eight and weighing less than 80 pounds unless that
child is secured in a federally approved child restraint seat provided
by the passenger. Vehicles for hire shall employ the use of federally
approved child restraint seats as necessary to comply with the law
and any requirements imposed by the insurance company providing property
and casualty insurance coverage for the vehicle when transporting
such a child.
(3) No vehicle
for hire shall be licensed if it uses or imitates any color scheme,
name or monogram used by any other person operating a vehicle for
hire. The Township shall be notified of any change in the color scheme,
name or monogram of a vehicle.
(4) Vehicles
for hire shall post in a conspicuous place, such as the rear of the
driver's seat, the complaint procedure authorized by this chapter.
C. Vehicle
requirements exclusive to taxicabs.
(1) Age
of vehicle. A taxicab shall not fail to comply with vehicle requirements
based on the age of the vehicle alone.
(2) Vehicles both inside and out should be maintained in a professional
manner at all times. This includes engaging a certified mechanic to
provide required maintenance as outlined in the vehicle's owner's
manual. The vehicles shall also be washed at least once every two
weeks, vacuumed, and cleaned on the inside.
[Added 8-4-2014 by Ord. No. 2014-15]
(3) Rates
and meters. Rates shall be determined by a rate sheet, which must
remain in the taxicab at all times. Rates may be periodically revised
by Council, which shall establish rates by resolution. In the event
that Council determines, after due consideration and by resolution,
that good cause exists for requiring meters in taxicabs, then vehicles
for hire shall be equipped with a meter, visible to all passengers,
which shall operate on a rate-per-mile basis, with a minimum allowable
rate as established by resolution of the Council, and no license for
a taxicab shall then be issued until the taximeter attached thereto
shall have been inspected and found to be accurate.
(4) Identification
required. Each taxicab shall have a dome light displaying the trade
name of the company affixed to its roof and shall have the trade name
of the taxicab lettered on its exterior. When a change of the company
name occurs, the owner is required to have the dome light professionally
manufactured with the appropriate change. Each taxicab shall also
conspicuously display on the right and left side of the dome light
a number assigned by the Township and shall display on the body of
the vehicle the taxi license number along with each municipality that
has issued a taxi license to that taxicab. The information shall be
three inches in height. The taxi license number must be located on
the center rear quarter panel on the driver and passenger side as
well as the rear center line of the trunk. The list of each municipality
shall be displayed on each rear door. West Windsor taxicab magnets
can be acquired through the Clerk's office at cost or purchased
at a vendor of your choice, provided the letters are three inches
in height. "West Windsor" may also be professionally painted or decaled
on the vehicle.
[Amended 1-30-2012 by Ord. No. 2012-01; 12-23-2013 by Ord. No.
2013-15; 8-4-2014 by Ord. No. 2014-15]
(5) Any taxicab registered by West Windsor Township shall be prohibited
from being used as a device for advertisement of any other business
except for the taxicab service for which the vehicle is functioning
under. This includes placing signs upon the taxicab or using a vehicle
"raps" to advertise other businesses. All registered taxicabs with
West Windsor Township are prohibited from being used for other purposes
such as delivery of items or products and can only be used as a taxi
as defined by Township ordinance.
[Added 8-4-2014 by Ord. No. 2014-15]
(6) Map
required. There shall be an up-to-date West Windsor Township indexed
street map in each taxicab, which shall be supplied by the Township
as part of the license fee.
Rates, including but not limited to minimum allowable fees,
shall be determined by the Council by resolution and upon notice to
all licensees. The Council shall not amend rates more than once each
year.
[Added 12-23-2013 by Ord. No. 2013-15]
Any person violating any provision of this chapter shall be subject to the penalty stated in Chapter
1, General Provisions, Article
II, §
1-3.