[Amended 6-22-1999 by Ord. No. 99-13; 5-28-2002 by Ord. No.
02-12]
As used in this chapter, the following terms
shall have the meanings indicated:
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 of
no more than 14 passengers, not including the driver, provided that
such a vehicle is certified by the manufacturer of the original vehicle
and the second-stage manufacturer, if applicable, to conform to all
applicable Federal Motor Vehicle Safety Standards promulgated by the
United States Department of Transportation pursuant to 49 CFR Part
571 (49 CFR 571.1 et seq.) and 49 CFR Part 567 (49 CFR 567.1 et seq.).
In addition, a "Vehicle Emission Control Information" label, which
contains the name and trademark of the manufacturer and an unconditional
statement of compliance with the emission requirements of the Environmental
Protection Agency, shall be present on the vehicle. "Limousine" shall
not be construed to include taxicabs, hotel buses or buses employed
solely in transporting school children or teachers or 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.
[Amended 12-14-2010 by Ord. No. 10-19]
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
PRINCIPAL PLACE OF BUSINESS
The main place of business of a taxi or limousine business,
or the place from which taxis or limousines are dispatched, or where
drivers report for duty.
STREET
Includes any street, avenue, park, parkway, highway or other
public place.
TAXI or LIMOUSINE BUSINESS
Includes the business of carrying passengers for hire by
taxicabs or limousines.
TAXICAB
Includes any automobile or motor car, commonly called "taxi"
or "autocab," 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 to points
or places within or without the state.
[Amended 12-14-2010 by Ord. No. 10-19]
No person shall operate a taxicab or limousine
where the principal place of business of the taxi or limousine business
is in the Borough of Garwood upon any street in the Borough of Garwood
for the purpose of carrying passengers for hire, and no person shall
carry on a taxi or limousine business in the Borough, without first
obtaining a license as required by N.J.S.A. 48:16-1 et seq. or N.J.S.A.
48:16-13 et seq., as the case may be.
[Amended 12-14-2010 by Ord. No. 10-19]
Every applicant for a license to own or operate a taxicab or
limousine business for which the principal place of business is in
the Borough of Garwood shall file with the Borough Clerk an application
containing the following:
A.
Full name,
age, social security number, driver's license number, residence and
business address, as applicable, of the owner of the business.
B.
Proof of
the insurance required by N.J.S.A. 48:16-3 or N.J.S.A. 48:16-14, as
the case may be. If granted, the license shall become effective and
operation thereunder shall be permitted only so long as the insurance
policy shall remain in full force to the full and collectible amounts
set forth in said statute.
C.
A power
of attorney of the owner of the taxicab or limousine wherein and whereby
the owner shall appoint the Chief Financial Officer of the municipality
as the owner's true and lawful attorney for the purpose of acknowledging
service of any process out of a court of competent jurisdiction to
be served against the insured by virtue of the indemnity granted under
the required insurance policy.
D.
A photocopy
of the current registration for each vehicle.
E.
For taxicab
licenses, two passport-type photographs of each owner and operator.
F.
For taxicab
licenses, an application fee of $10.
G.
A fee of
$50 for each taxicab or limousine business and $10 for each vehicle.
H.
For taxicab
licenses, a fingerprinting fee of $10.
I.
For taxicab
licenses, such fees as shall be charged to the municipality or the
applicant by the appropriate state and federal agency for providing
the municipality with a criminal record history.
[Amended 12-14-2010 by Ord. No. 10-19]
Every applicant for license to own or operate
a taxicab or limousine in the Borough of Garwood shall be a citizen
or a lawful resident of the United States, of good moral character,
and over the age of 18 years. If any applicant shall be a corporation,
limited liability company, or other similar entity, the names and
addresses of each person owning 10% or more of the entity shall be
disclosed, with their percentages, and each person shall be required
to comply with all of the requirements of this article. Every applicant
and every licensee shall be duly licensed to operate a motor vehicle
by the Division of Motor Vehicles of the State of New Jersey, and
every operator shall submit satisfactory evidence of same as part
of the application to the Borough Clerk. No persons shall operate
a taxicab or limousine unless duly licensed. All applicants shall
be thoroughly investigated, photographed and fingerprinted by the
Police Department.
[Amended 12-14-2010 by Ord. No. 10-19]
The Borough Clerk shall submit all applications
for approval of taxicab licenses to the Mayor and Council of the Borough
of Garwood. The Chief of Police shall report to the governing body
as to the results of the investigation of each applicant. If the Mayor
and Council shall approve the application, the Borough Clerk shall
issue the applicable license or licenses, as well as the certificate
of compliance required by N.J.S.A. 48:16-6 or N.J.S.A. 48:16-17, as
the case may be.
[Amended 12-14-2010 by Ord. No. 10-19]
Every taxicab shall bear prominently displayed
upon it at all times the owner's and operator's licenses, the duplicate
certificate of compliance, and the fare to be charged in all cases.
The license shall include a photograph of the licensee.
[1]
Editor’s Note: Former § 71-26, Safety requirements,
was repealed 12-14-2010 by Ord. No. 10-19
Every person, persons, or corporation to whom
a license has been granted or may hereafter be granted by the Borough
Council to operate any such taxicab or limousine shall keep the same
in a clean, sanitary condition and properly lighted.
Every license which shall be granted under the
provisions of this article may be suspended or revoked by the Mayor
and Council for the violation of any of the provisions of this article,
for failure to pay any fine imposed under this article, or for other
good and sufficient cause, after due notice to the licensee and a
proper hearing. During such suspension or after such license shall
have been revoked, such license shall be inoperative and of no effect.
Any person or persons or corporation violating
the provisions of this article shall be subject to a fine not exceeding
$1,000, or by imprisonment not exceeding 90 days, or by a period of
community service not exceeding 90 days.
