[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park 4-16-2007 by Ord. No. 2007-2.
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
LIMOUSINE
Includes any motor vehicle with a carrying capacity of not
more than 14 passengers, not including the driver, used 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 which is hired by charter or
for a particular contract or by the day or hour or other fixed period
or to transport passengers to a specified place or places or which
charges a fare or price agreed upon in advance between the operator
and the passenger. Nothing in this chapter shall apply to hotel buses
or buses employed solely in transporting school children or teachers
or auto buses which are subject to the jurisdiction of the State of
New Jersey, Department of Transportation and/or Board of Public Utilities
or interstate auto buses that are regulated by the Interstate Commerce
Commission.
TAXICAB
Any automobile or motorcar, commonly called "taxi," engaged
in the business of carrying passengers for hire, and also commonly
known as "public livery," which is held out, announced or advertised
to operate or run or which is operated or run over any of the streets
within the Borough of Prospect Park and which accepts passengers for
transportation from points or places to points or places within or
without the said Borough.
A taxicab/limousine license, as authorized by
this chapter, shall entitle the holder of said license to operate
one taxicab/limousine. More than one license may be issued to one
applicant, provided that each taxicab/limousine will be in actual
use during the licensed year.
No owner of a taxicab/limousine or other person
having direction or control of a taxicab/limousine shall operate it
or permit it to be operated as a vehicle for hire or for transporting
passengers for compensation upon the streets of the Borough of Prospect
Park unless a taxicab/limousine license has first been issued for
said vehicle by the Borough of Prospect Park. The requirements of
this section shall apply to all taxicabs/limousines transporting passengers
for compensation upon the streets of the Borough of Prospect Park.
However, this section shall not apply to a taxicab/limousine duly
licensed by another municipality while such taxicab/limousine is being
operated in the Borough of Prospect Park in response to a call to
pick up a passenger or passengers or for the purpose of delivering
to a destination or destinations within the Borough. No taxicab/limousine
licensed in another municipality shall be permitted to cruise in the
municipality for the purpose of engaging passengers unless licensed
by the Borough of Prospect Park.
Every person applying for a taxicab/limousine
license or a renewal or transfer thereof must be at least 21 years
of age. If a corporation, such corporation must be organized and existing
under the laws of the State of New Jersey. The application for a license
shall be filed with the Borough Clerk upon forms provided by the Clerk.
It shall be verified under oath and shall include the following information:
A. Name, address and age of the applicant. If the applicant
is a partnership, the names and addresses of the partners and their
respective interests in the partnership shall be given, and if a corporation,
the names and addresses of all officers, directors and stockholders
shall be given and the names, addresses and ages of the potential
drivers.
B. The year, serial number, type, model and color of
the vehicle or vehicles to be licensed.
C. The passenger capacity of the vehicle or vehicles
(not including the driver's seat).
D. A description of the applicant's experience in the
transportation of passengers.
E. The number of vehicles to be operated or controlled
by the applicant and the location of proposed depots and terminal
points.
F. The color scheme or insignia, if any, to be used to
designate the vehicle or vehicles of the applicant.
G. The criminal record, if any, of the applicant; and
if the applicant is a corporation, partnership or incorporated association,
the criminal record, if any, of each person participating in the ownership
or management of the applicant as stockholder, partner, officer, manager
or otherwise. In addition, the criminal record of all potential drivers
of taxicabs/limousines.
H. A certificate from the Police Department of the Borough of Prospect Park that the taxicab/limousine has been inspected and passed such inspection, as required by §Â
374-7 of this chapter, shall be submitted to the Borough Clerk before a license shall be issued.
I. In the case of a license renewal, the number of weeks
during the previous six-month period the vehicle to be licensed was
operated as a taxicab.
J. A schedule of rates to be charged by the applicant.
K. A certification from the Zoning Officer of the Borough
of Prospect Park that the holder of said license may maintain a taxicab/limousine
depot conforming to zoning regulations in a residential area.
A. No taxicab/limousine shall be operated wholly or partly
along any street in the Borough of Prospect Park until the owner of
the taxicab/limousine shall have filed with the Clerk of the Borough
an insurance policy of a company duly licensed to transact business
under the insurance laws of this state in the sum of $1,500,000 against
loss by reason of the liability imposed by law upon every taxicab/limousine
owner for damages on account of bodily injury or death suffered by
any person as the result of an accident occurring by reason of the
ownership, maintenance or use of the taxicab/limousine upon any public
street.
B. 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.
C. 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 taxicab/limousine or any fault in respect
thereto and shall be for the benefit of every person suffering loss,
damage or injury as aforesaid.
No taxicab/limousine license shall be issued
unless the applicant shall have fully complied with the provisions
of N.J.S.A. 48:16-1 through N.J.S.A. 48:16-22.7, as amended and supplemented,
including particularly the delivery of a power of attorney as required
by N.J.S.A. 48:16-16. After a taxicab/limousine license is issued,
the holder thereof shall be required to continue to comply with said
statutory provisions of the State of New Jersey.
No taxicab/limousine license shall be issued,
renewed or transferred until the vehicle identified in the application
for such license has passed state inspection as required by N.J.S.A.
39:8-2 and has also been examined and inspected by the Police Department
and found to comply with the following provisions:
A. All taxicabs/limousines shall have four doors, two
leading into the passenger's compartment and two leading into the
driver's compartment, so constructed that they may be opened from
the inside and the outside. Each door shall be constructed with an
approve safety lock.
B. All upholstery covering or interior lining of any
taxicab/limousine shall be of leather or other nonabsorbent and washable
material, except the roof lining.
C. Floor mats shall be provided of removable rubber or
other nonabsorbent material.
D. Every taxicab/limousine shall be equipped with a passenger
compartment light adequate to illuminate the interior of the passenger's
compartment and having a switch easily accessible to the passenger.
E. Every taxicab/limousine shall be clean and sanitary.
The report of the Police Department on each taxicab/limousine examined
and inspected prior to licensing shall be delivered to the Borough
Clerk, who shall file such report with the application for the taxicab/limousine
license.
No taxicab/limousine license shall be transferred
without the consent of the Borough Council, or its designee, given
in writing. With such consent, which shall be granted only upon the
filing of an application by the prospective transferee and a finding
that he would be qualified to receive a license in accordance with
the provisions of this chapter, the license may be transferred, provided
it is to be used by the transferee in a bona fide operation of a taxicab/limousine
business. No taxicab/limousine license shall be assigned, mortgaged,
pledged or otherwise transferred to secure a debt, loan, advance or
other financing transaction.
A. The Borough Council of the Borough of Prospect Park,
or its designee, shall consider all applications for taxicab/limousine
licenses. If it finds that the taxicab/limousine service proposed
to be furnished by the applicant in the Borough of Prospect Park is
required for the public convenience and that the applicant meets all
the requirements of this chapter, then the Council, or its designee,
shall direct the Borough Clerk to issue a license, which shall be
numbered, stating the name and address of the licensee, identifying
the vehicle for which the taxicab/limousine license is issued and
the date of issuance; otherwise, the application shall be denied.
No application shall be denied, however, without giving applicant
an opportunity to be heard on reasonable notice.
B. In determining public convenience under the terms
of this section, the Borough Council, or its designee, shall take
into consideration the number of taxicabs/limousines already in operation,
whether existing transportation is adequate to meet the public need,
the probable effect of increased service on local traffic conditions
and the character, experience and responsibility of the applicant,
and its drivers, as well as the condition, age and fitness of the
vehicle for which a taxicab/limousine license is sought.
A. A taxicab/limousine license shall entitle the taxicab/limousine
therein described to be operated in this Borough until the said license
either expires or is surrendered, suspended or revoked, and it shall
be transferable only with the approval of the Borough Council or its
designee.
B. Any license issued pursuant to the terms of this chapter
shall expire at 12:00 midnight of the 30th day of April of the year
next succeeding the year in which it was issued, unless sooner surrendered,
suspended or revoked.
The Municipal Council, or its designees, may,
in its discretion, refuse to issue or renew or may, after notice and
hearing, revoke or suspend:
A. Any license if the applicant or driver for the license
has been once convicted of a crime in this or any other jurisdiction
or convicted of being a disorderly person or of a violation of Title
39, Motor Vehicles and Traffic Regulation, of the Revised Statutes
of New Jersey, or has violated any provision of this chapter or has
any judgment unsatisfied of record against him arising out of an automobile
accident, or has made false answers in his application for such license
or any renewal thereof, or has failed or fails to render reasonably
prompt, safe and adequate taxicab/limousine service, or has not complied
fully with all requirements of this chapter.
B. Any license if the motor vehicle licensed or to be
licensed, by reason of unsafe or unsanitary condition, is dangerous
to the safety or health of the occupants or others, or if the policy
of insurance required herein has lapsed or such coverage is not maintained
at all times.
C. Any license if the taxicab/limousine covered by such
license has not been used regularly as a taxicab/limousine for a period
of six months, unless sufficient evidence is presented and is established
which satisfies the Municipal Council or its designee that the absence
of use was excusable.
Any license may be revoked or suspended for
cause at any time by the Borough Council, or its designee, upon notice,
in writing, of the charge or charges against the holder of the license
and an opportunity to be heard thereon, if requested; provided, however,
that an initial suspension of not over 30 days may be ordered by the
Borough Council, its designee or the Mayor upon recommendation of
the Chief of Police prior to the hearing for the determination of
the charges. The licensee shall answer, in writing, the charges made
against him within five days of their receipt by him and shall endorse
thereon a demand for a hearing if one is requested by him. A time
and place shall be fixed for the hearing, and at least five days'
notice thereof shall be served upon the holder of the license. At
the hearing, the party charged with a violation of this chapter or
other violations may make such statements in his own behalf or through
witnesses or submit such verified or unverified statements as he may
desire. The Council, or its designee, shall proceed to a decision
thereon, sustaining or dismissing the charges and suspending or revoking
the license.
Owners of taxicabs/limousines, their agents
and employees and cab drivers engaging in the taxicab/limousine business
shall render courteous and nondiscriminatory service to the public.
They shall answer all telephone calls received by them for transportation
service within the limits of the Borough of Prospect Park as soon
as they can do so, and, if such service cannot be rendered within
a reasonable time, they shall notify the prospective passenger when
a taxicab/limousine will be available to serve them. Taxicab/limousine
owners must post in the taxicab/limousine a schedule of rates to be
charged, and upon telephonic inquiry the taxicab/limousine driver
shall be required to state the rates.
No taxicab/limousine covered by the terms of
this chapter shall be operated at any time in the Borough of Prospect
Park unless it is in good repair and in sound condition to provide
safe and dependable transportation.
No driver of any taxicab/limousine shall permit
persons to be carried in a taxicab/limousine as passengers in excess
of the seating capacity of the taxicab/limousine as stated in the
license application.
A. The license fee for the operation of taxicabs/limousines
shall be $50 per vehicle and shall be paid to the Borough of Prospect
Park at the time any license required by this chapter is applied for.
B. No fee shall be refunded because the license applied
for is denied.
C. Applications for renewal licenses shall be filed not
later than April 1.
Any person, firm or corporation who violates
or neglects to comply with this chapter shall, upon conviction thereof,
be liable for up to the maximum penalties allowed by law. Owners and
drivers shall be jointly and severally responsible for compliance
with the within chapter.