[HISTORY: Adopted by the Township Committee
of the Township of Washington 4-21-1997 by Ord. No. 13-97,[1] (Sec. 7-4 of the Revised General Ordinances); amended
in its entirety 4-15-2013 by Ord. No. 06-13. Subsequent amendments
noted where applicable.]
[1]
Editor's Note: This ordinance also provided that it shall
be retroactive to 1-1-1997.
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 New Jersey Motor
Vehicles Commission.
Any automobile or motor car, commonly called a "taxicab,"
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.
No person shall drive, keep or use for hire or cause to be driven,
kept or used for hire, any regulated vehicle within the Township of
Washington unless the vehicle and the driver thereof are licensed
according to the provisions of this article.
A.
License fees. Every applicant for a license for a regulated vehicle
shall pay to the Township, a license fee as follows:
A.
Regulations.
(1)
Every applicant for a license as owner shall be at least 21 years
of age.
(2)
Every applicant for license as a driver must be 21 years of age and
a holder of a valid automobile driver's license issued by the
State of New Jersey.
(3)
Not more than five licenses for regulated vehicles shall be outstanding
in the Township at one time.
(4)
The license may be transferred from vehicle to vehicle owned by the
licensee on application made and approved by the Township Committee.
(5)
All owners or operators, upon applying for one or more regulated
vehicle licenses, shall be required to maintain a business office.
B.
Application. Every applicant for a license under this ordinance shall
file with the Township Clerk a sworn written application, in duplicate,
on a form to be furnished by the Clerk, containing the following information:
(1)
Full name, including middle initial.
(2)
Permanent home address.
(3)
If an owner, a description of all vehicles, including the VIN and
New Jersey Motor Vehicles Commission registration number.
(4)
If a driver, the New Jersey driver's license number and date
of expiration and copy of the license.
(5)
A statement as to whether the applicant has been convicted of any
crime, misdemeanor, or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefore.
(6)
If an owner, the business office address and telephone number.
(7)
Three recent photographs of passport size.
(8)
If a driver, the name of the taxi company with whom he or she shall
be employed.
(9)
Proof that the applicant is at least 21 years of age.
(10)
Proof that the applicant is either a citizen of the United States
or a legal resident alien.
(11)
If the applicant is a corporation, proof that the corporation
is either incorporated in the State of New Jersey or authorized to
do business in New Jersey.
(12)
If an owner, proof of insurance as required herein.
(13)
Certification that all child support obligations are current
pursuant to the standard set forth in N.J.S.A. 2A:17-56.41.
(14)
A schedule, if an owner, of the fares proposed to be charged.
C.
Investigation of applicant.
(1)
Each applicant for a regulated vehicle driver license shall, upon
making application therefore and annually with each license renewal,
submit to the performance of a criminal history background check,
including the submission of fingerprints, at the applicant's
sole cost and expense by making an appointment with the state contract
vendor. In addition, each applicant shall submit to the Township Police
Department his or her driver abstract from the New Jersey Motor Vehicles
Commission.
(2)
The applicant shall not have been convicted of any of the crimes
set forth in N.J.S.A. 48:16-3.b.(1) and (2). If the applicant is a
partnership, then no partner may have such a record. If the applicant
is a corporation, then neither the corporation nor any officer or
director may have such a record.
(3)
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 a record. If the applicant is a corporation, then neither the
corporation nor any officer or director may have such a record.
(4)
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 to be designated by
the Township. 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.
(5)
A copy of the application and all of the reports and records, including
the results of the criminal history record background check, which
results shall be kept confidential, shall be provided to the Chief
of Police who shall review same and render a recommendation to the
Township Committee as to whether the license should be granted based
on the criteria set forth in this ordinance and in N.J.S.A. 48:16-3.b.
D.
Issuance of license. The Township Clerk shall present the completed application to the Township Committee, who shall, at the next regularly scheduled meeting after receipt of the recommendation of the Chief of Police, determine, based on the recommendation of the Chief of Police, and application of the factors set forth in Subsection C, whether the license shall issue. If the Township Committee so directs, the Township Clerk shall issue the license to the applicant. Where an owner's license has previously been issued, the approval of the Township Committee shall not be required as a condition for the issuance of additional vehicle licenses. Prior to placing each additional vehicle into service, the owner must amend its license application setting forth the character of the vehicle proposed to be licensed and such other facts as the Township may require. Applications for a license as a driver of the regulated vehicle may be approved by the Township Clerk.
E.
Information for licenses.
(1)
Each license issued under this article for the operation of a regulated
vehicle shall state the name of the person to whom the license is
granted, the number of the license and the date of expiration and
the motor vehicle registration number and vehicle identification number
for each regulated vehicle. Each license shall be signed by the Township
Clerk and shall have the Township Seal affixed thereto.
(2)
Each license issued to the driver of a regulated vehicle shall state
the full name of the person to whom the license is granted, the operator's
business name, the number of the license and the date of expiration
as well as a clear picture of the driver.
(3)
Transfer of owner's license. The owner's license may be
transferred from one vehicle to another belonging to the same owner,
only after an application in writing has been submitted and approval
has been granted by the Township Clerk and payment has been made to
the Township Clerk of a transfer fee of $15. All applications for
transfer shall be made on forms to be furnished by the Township and
shall be accompanied by the transfer fee.
F.
Display of license.
(1)
Every owner to whom a license is granted under this section shall
cause the number of the license to be displayed in figures three inches
high and located in the center of the rear quarter panels on the driver
and passenger sides and the rear center line of the trunk of the vehicle.
Each regulated vehicle so licensed shall display on each rear door
the name of the Township of Washington in letters three inches in
height.
(2)
Inside of the licensed vehicle where the sign shall be plainly visible
to the passengers, the owner shall keep a card with his name and the
number of his license, together with the rate of fare and also the
certificate that he has complied with insurance requirements of the
State of New Jersey relating to vehicles for hire.
(3)
Every driver of a licensed vehicle shall display the number of his
license conspicuously on his cap, hat or outer garment.
G.
Clerk's register. The Township Clerk shall keep a register of
licenses granted showing the number and date of issuance and expiration
of each license and the name of each person licensed.
The Township employee designated by the Township Committee may
inspect all licensed vehicles and report thereon to the Township Committee.
The Township Committee may suspend the license of any licensed vehicle
deemed to be insecure or unsanitary until such time as the vehicle
shall be made safe and sanitary to the satisfaction of the Committee,
it being provided that the owner thereof may demand and obtain a hearing
at any meeting of the Committee, and also the reinspection of the
vehicle by the Township employee designated by the Township Committee
at any time after 24 hours from the time of suspension.
A.
Any license granted under this article may be suspended or revoked by the Township Committee, after notice and a hearing, whenever it shall appear that the person to whom the license was granted has failed to furnish or keep in force the insurance policy and power of attorney required in accordance with § 185-7, or to comply with any term or provision of this article or any law of the State of New Jersey regarding the ownership and operation of regulated vehicles or to maintain any regulated vehicle in a safe or sanitary condition. After such revocation or suspension, the license shall be inoperative and of no effect.
B.
Any such contemplated hearing shall be held within 15 days following
an order of suspension upon notice, which notice shall set forth the
reasons for the proposed revocation or suspension.
Every driver of the licensed vehicle shall have the right to demand payment of the legal fare in advance and may refuse employment unless it be prepaid, but no driver shall otherwise refuse or neglect to convey any orderly person or persons upon request as designated by this article, to any place in the Township, nor extort or demand any sum for so doing, other than the fare displayed in the vehicle pursuant to § 185-3F(2), provided that licensed vehicles answering calls or at the time actually engaged in commuting service shall not be deemed to violate this section on refusing other passengers.
A.
Insurance. The owner of the licensed vehicle must file with the Township
Clerk an insurance policy issued by an admitted insurance company
duly licensed to transact business in New Jersey, providing for annual
motor vehicle liability insurance coverage of not less than $500,000
per incident, which insurance must remain in effect for the period
of the license and any renewal thereof.
B.
Power of attorney. The owner shall execute and deliver to the Township
Clerk a power of attorney, wherein the owner shall appoint the Chief
Financial Officer of the Township his true and lawful attorney for
the purpose of acknowledging service of process out of a court of
competent jurisdiction to be served against the insured by virtue
of the indemnity granted under the insurance policy filed.
C.
Certificate of compliance.
(1)
The Township Clerk, upon the filing of the required insurance policy,
shall issue a certificate in duplicate showing that the owner of the
regulated vehicle has complied with the terms and provisions of this
article.
(2)
The certificate shall recite the name of the insurance company, the
number and date of expiration of the policy, a description of the
regulated vehicles insured thereunder and the registration numbers
of the vehicles.
(3)
The duplicate certificate shall be filed with the Motor Vehicles
Commission before any such vehicle is licensed pursuant to this article.
(4)
The original certificate shall be posted in a conspicuous place within
the licensed vehicle.
A.
No driver of any vehicle licensed under this article shall stand
the same while waiting for employment at any place of public assemblage
or entertainment except in such places as have been or shall be designated
by the Township Committee.
B.
No owner or driver of any licensed vehicle shall, while waiting for
employment or otherwise, use indecent or profane language, nor be
guilty of boisterous talking or shouting, or any disorderly conduct.
C.
Nothing herein contained shall prevent a person or persons of legal
age and duly licensed by the State of New Jersey to drive motor vehicles,
from driving a licensed vehicle in an emergency, for a period of not
more than five consecutive hours, but shall not thereafter drive a
vehicle duly licensed under this article.
Every owner shall maintain a dispatch service in the Township
Monday through Friday between the hours of 7:00 a.m. to 9:00 p.m.,
and on Saturday from 7:00 a.m. to 9:00 p.m. However, this shall not
be construed as restricting the owner from operating additional hours
each day.
Except as required by N.J.S.A. 48:16-1, and in addition to the penalty set forth in § 185-5, any owner, operator and/or driver who shall operate or drive a regulated vehicle in any street in the Township of Washington without complying with the provisions of this chapter and with the provisions of N.J.S.A. 48:16-1 et seq. shall, upon conviction thereof, be guilty of a misdemeanor and be subject to one or more of the following: a fine not exceeding $2,000, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days.
As used in this article, the following terms shall have the
meanings indicated:
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. 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 regulations of the Department of Transportation to carry
insurance against loss from liability imposed by law on account of
bodily injury or death.
The business of carrying passengers for hire by limousines.
Any individual, copartnership, association, corporation or
joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
The location of the main place of business of the limousine
service in the Township of Washington where limousine service is conducted,
where limousines are dispatched, or where limousine drivers report
for duty.
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 Township of Washington 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 Township of Washington
of a limousine service, the Township Clerk, upon the payment of the
maximum fee allowed under N.J.S.A. 48:16-17, as may be amended from
time to time, and currently $50 for the first vehicle and $10 for
each subsequent vehicle, 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. 48:16-13 et seq. 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 New Jersey Motor Vehicle Commission before any such
car is registered as a limousine. The original license or a copy thereof
shall be retained within the limousine and shall be available for
inspection by any law enforcement officer in the state. In addition
to the recital of insurance information required on the license pursuant
to this section, the owner of a limousine shall attach to the original
license or copy thereof retained within the limousine a notarized
letter from an insurance company containing the same insurance information
required in the recital and the Vehicle Identification Number (VIN)
or a notarized certificate of insurance for the particular limousine
showing the VIN as well as the limits of insurance coverage, and available
insurance card, which shall constitute proof of insurance coverage,
and which shall also be available for inspection by any law enforcement
officer in the State.
Notwithstanding any other provisions of law to the contrary,
the Township of Washington 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 Township of Washington. The fee for
the issuance of this license is $50 (which is in addition to any other
fee), which applies to all limousines operated by a limousine service
providing such intramunicipal point-to-point service within the Township
of Washington.
No limousine shall be operated on the streets in the Township
of Washington unless it has a license issued pursuant to N.J.S.A.
48:16-17 and the limousine is equipped in accordance with the minimum
standards established by the New Jersey Motor Vehicle Commission and
the Department of Transportation with:
A.
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;
B.
A removable first aid kit and operable fire extinguisher, which shall
be placed in an accessible place within the vehicle;
C.
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., including but not limited to N.J.S.A. 48:16-22.3a, and any
regulation enacted thereto. Proof of compliance for each owner, operator
or driver shall be provided to the Township with each application
for a limousine license, including renewal applications, by providing
copies of the chauffeur driver endorsement for each owner, operator
and driver.
A.
No more than five licenses for limousines shall be outstanding in
the Township at one time.
B.
No limousine licensed under this chapter shall be operated as a taxi.
Limousines licensed under this chapter shall be limited in use to
carrying passengers for hire upon contract only, or for such events
as funerals, weddings and other special occasions, or for trips outside
of the geographic boundaries of the Township of Washington.
Prior to the operation of a limousine in the Township of Washington
for the purpose of picking up passengers, the driver of the limousine
shall conduct a general examination of the condition of the vehicle
in accordance with N.J.S.A 48:16-22.2.a.
A.
Any license granted under this article may be suspended or revoked by the Township Committee, after notice and a hearing, whenever it shall appear that the person to whom the license was granted has failed to furnish or keep in force the insurance policy required in accordance with § 185-13, or to comply with any term or provision of this article or any law of the State of New Jersey regarding the ownership and operation of limousines or to maintain any limousine in a safe or sanitary condition. After such revocation or suspension, the license shall be inoperative and of no effect.
B.
Any such contemplated hearing shall be held within 15 days following
an order of suspension upon notice, which notice shall set forth the
reasons for the proposed revocation or suspension.
In addition to the penalty set forth in § 185-19, any person who shall operate a limousine service in any street in the Township of Washington without complying with the provisions of this chapter and with the provisions of N.J.S.A. 48:16-13 et seq. shall, upon conviction thereof, be subject to the fines and penalties set forth in N.J.S.A 39:5G-1(a) and -2.
