[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 228.
[Adopted 4-30-1929 by Ord. No. 433; amended in its entirety 5-16-1967 by Ord. No. 1662 (Ch. 216, Art. I, of the 1978 Code)]
As used in this article, the following terms shall have the meanings indicated:
DIRECTOR
The Director of Public Safety.
TAXICAB
Any automobile or motorcar, other than a bus or limousine as defined in Article II, § 644-36, which is engaged in the business of transporting passengers for hire.
[Amended 11-6-1985 by Ord. No. 2150]
The Director shall have charge of and shall control: the examination of applicants for licenses for taxicabs and drivers thereof; the licensing, regulation and inspection of taxicabs; the licensing of drivers; and the enforcement of all the provisions of this article. The Director shall have the power to approve, deny, suspend or revoke any taxicab license or the licenses of drivers of taxicabs, for cause, as hereinafter provided. The powers conferred on the Township Clerk by this article shall be exercised under the control of the Director.
No person shall hire out or keep or use for hire or pay, or cause to be kept or used for hire or pay, any taxicab without first having obtained a license for that purpose from the Township Clerk. A separate license shall be required for each taxicab.
Each application for a taxicab license shall be in writing and filed with the Township Clerk. The application shall contain: the full name and business address and home address of the owner; designation as to new or renewal; the serial number, make, model, color and year of the taxicab; state registration; number of insurance policy; and the number of persons the taxicab is to carry. No taxicab shall carry more than six persons.
[Added 12-5-1967 by Ord. No. 1669]
A. 
The issuance of any taxicab license under § 644-4 of this article shall be subject to the filling of an applicant's information sheet and the determination of the Chief of the Nutley Police Department that the applicant is of good character, free from any criminal convictions, a citizen of the United States and a resident of the State of New Jersey.
B. 
The applicant's information sheet shall be on a form prescribed by the Police Department and shall include data covering age, citizenship, physical description and such other facts as may be specified.
C. 
In the case of corporate ownership, the president and every other officer and/or stockholder of the corporation shall be required to file an applicant's information sheet individually. Any change in the officers or stockholders of such corporation during the term of the license shall be reported to the Township Clerk within 10 days following the date of the change, at which time any new officer or stockholder shall be required to file an applicant's information sheet; and it shall be the function of the Chief of the Nutley Police Department to determine whether any taxicab licenses then outstanding shall remain in force.
No taxicab shall be licensed until an individual prepaid one-year certificate of insurance shall have been filed with the Township Clerk in accordance with the provisions of N.J.S.A. 48:16-1 to 48:16-22, inclusive, as now or hereafter amended or supplemented. Such policy of insurance shall not be filed unless it is approved by the Law Department of the Township; and said insurance coverage shall be within the limits of liability for each taxicab as follows: bodily injury, $50,000 each person and 100,000 each occurrence; property damage, $10,000 each occurrence. Policies shall expire on March 1 of each year. There must be an individual certificate of insurance filed with the Township Clerk for each licensed vehicle. No license will be issued for any uninsured temporary or standby vehicle.
A. 
No taxicab license shall be approved or issued until the vehicle has been thoroughly inspected and found to be in a clean and sanitary condition and mechanically safe for the transportation of passengers. Such inspections shall be made by representatives of the Department of Public Safety designated by the Director. The inspectors shall keep a record of the inspections.
B. 
No taxicab license shall be approved or issued until the taxicab has been inspected in the manner provided in Subsection A and is found to meet the following requirements: There shall be displayed on the exterior of each taxicab, in at least two conspicuous places, the name or trade name of the owner. The height of the lettering shall be at least two inches. No taxicab shall bear a name, monogram, insignia or color scheme in conflict with the name, monogram, insignia or color scheme used by any other person licensed hereunder in such a manner as to mislead or deceive the public.
Licenses for taxicabs shall be issued by the Township Clerk in the name of the Township and shall include the signatures of the Director and the Township Clerk.
Upon the issuance of a taxicab license, the Township Clerk shall issue to the licensee a card containing the name of the owner, the license number of the vehicle, year of issue and the rates of fare as provided in § 644-24 hereof. The card shall be inserted in a card rack or frame provided by the owner and attached on the inside of the taxicab in a place readily visible to the passengers.
All taxicab licenses shall expire March 1 next succeeding the date of issuance thereof, unless sooner suspended or revoked.
Each taxicab license shall apply only to the person to whom granted and shall not be transferable to any other persons. With the approval of the Director, the holder of a taxicab license applicable to a particular taxicab may transfer the same to another taxicab owned by him upon payment of a transfer fee of $5.
The number of taxicab licenses outstanding shall not at any time exceed 20.
The license fee for each taxicab shall be $10. For licenses issued after September 1 of each year, the fee shall be $5.
[Amended 12-5-1967 by Ord. No. 1669]
No taxicab licensed under this article shall be operated on the streets of the Township except by a driver who shall have first obtained a license for that purpose from the Township Clerk. No taxicab owner as an individual and no officer or stockholder of a corporate taxicab owner shall be permitted to drive a taxicab unless he has first obtained a license for that purpose from the Township Clerk.
All applications for drivers' licenses shall be in writing and shall be filed with the Township Clerk. No person shall be licensed as a driver under this article unless he:
A. 
Furnishes with his application a recent photograph of himself, of a size not less than 1 3/4 inches in length and one and 1/4 inches in width, and a certificate of a reputable physician certifying that the applicant has been examined within the preceding 60 days and that he has no infirmity of body or mind which might render him unfit for the safe operation of a taxicab.
B. 
Is at least 18 years of age.
[Amended 5-15-1979 by Ord. No. 1973]
C. 
Is a citizen of the United States and a resident of the state.
D. 
Is a holder of a New Jersey auto driver's license.
E. 
Is able to understand, read and write the English language.
F. 
Is possessed of a satisfactory knowledge of traffic regulations and of the geography of the Township.
G. 
Is of good character.
H. 
Is not addicted to the use of drugs or intoxicating liquors.
I. 
Is not a habitual violator of the Motor Vehicle Act.
J. 
Has not been convicted of an indictable offense, of operating a motor vehicle while under the influence of intoxicating liquor nor of reckless driving.
Before issuance of a driver's license, an applicant shall be fingerprinted and photographed by the Police Department.
Upon approval of the application for license and payment of the license fee hereinafter provided, the Township Clerk shall issue a license in the name of the Township, together with an identification card. The card shall contain the name of the licensee, a straight-view photograph of the licensee and the Township license number of the licensee. Both the license and the card shall be signed by the Director and the Township Clerk.
While engaged as a taxicab driver, the licensee shall insert his license identification card in a card rack or frame provided by the owner and attached on the inside of the taxicab in a place readily visible to passengers. The driver of any taxicab shall be responsible for keeping his identification card in the taxicab operated by him at the time.
All drivers' licenses issued pursuant to this article shall expire March 1 next succeeding the date of issuance thereof, unless sooner suspended or revoked.
The fee for a driver's license shall be $5.
Licensed taxicabs may be inspected and reinspected at any time for cleanliness, sanitary condition, mechanical safety for the transportation of passengers and general safety and fitness for public patronage. Such inspections shall be made and records thereof shall be kept in the manner provided in § 644-7.
The name, monogram, insignia or color scheme of a licensed taxicab shall not be changed after the issuance of a license therefor so as to be in conflict with the name, monogram, insignia or color scheme used by any other licensee.
Any change of address of the owner of any taxicab or of any driver occurring after the issuance of a license under this article shall be reported by said licensee to the Township Clerk, in writing, within three days after such change. The Township Clerk shall immediately report such change of address to the Director.
[Amended 8-20-1968 by Ord. No. 1686; 3-2-1971 by Ord. No. 1737; 11-5-1980 by Ord. No. 2032]
A. 
The prices or fares that may be charged by the owner or driver of any taxicab for any trip originating within the Township shall not exceed the following rates:
[Amended 4-21-1981 by Ord. No. 2038]
(1) 
For any one destination within the limits of the Township of Nutley originating from one location, for one to four passengers: $2.50.
(2) 
For each additional passenger pickup or drop within the limits of the Township of Nutley: $2.50.
B. 
The above rates must be posted on rear doors of the taxicab and on the inside of each taxicab, prominently displayed on cardboard.
C. 
A schedule of out-of-Township rates must also be prominently displayed on cardboard on the inside of each taxicab.
D. 
The following schedule is a list of rates for trips to various out-of-Township points:
Taxi Rates From the Township of Nutley to the Center of:
Destination
Rate
Belleville
$3.50
Bloomfield
$5.50
Cedar Grove
$14.00
East Orange
$9.50
Elizabeth
$17.00
Garfield
$13.00
Harrison
$10.00
Kearny
$9.00
Lyndhurst
$6.00
Montclair
$8.00
Newark
$10.00
Orange
$12.00
North Arlington
$6.50
Passaic
$7.00
Rutherford
$7.00
Secaucus
$11.00
South Kearny
$9.00
Upper Montclair
$8.00
Clifton
$9.00
City Subway (Newark)
$4.00
Clara Maass Hospital
$4.00
Clara Maass Professional Building
$4.00
Essex County Geriatrics Hospital
$3.50
St. Mary's Hospital, Passaic
$6.00
Passaic General Hospital
$7.00
Bradlees
$2.50
Styertowne
$2.75
Towers/Hepburn Road, Clifton
$4.50
Rutt's Hut
$3.25
North Arlington Diner
$5.00
Belleville Turnpike and Ridge Road
$7.00
East Orange Hospital
$9.50
East Orange Veteran's Hospital
$10.00
Orange Memorial - St. Mary's
$10.00
Port Elizabeth
$17.00
South Orange
$13.00
Millburn
$17.00
Special Rates
Newark Airport
$14*
Penn Station (Newark)
$10
Public Service Terminal
$10
Port Authority (New York)
$22*
Kennedy Airport
$40*
La Guardia Airport
$35*
* NOTE: Plus tolls.
Every licensed taxicab driver shall record, in writing, the time and place each passenger is accepted and the time and place of discharge of the passenger. Such records shall be kept intact for one year from the date thereof. Such records shall be kept open for inspection at all times during the one-year period by a duly authorized representative of the Department of Public Safety.
No driver of any licensed taxicab in soliciting employment shall so operate a taxicab as to interfere with or impede unnecessarily the movement of other vehicles or pedestrians. Employment may be solicited by driving through any public street or place at a rate of speed that will not interfere with or impede traffic. No passenger shall be solicited unless within six feet of a taxicab.
No taxicab passenger shall be accepted or discharged on a public street except at the curb.
No licensed taxicab may park in any public street or public place in the Township except in such place or places as may be designated by ordinance, resolution or regulation adopted in accordance with law. Only such taxicabs as are for hire may remain at designated taxicab stands while waiting for employment. After the first taxicab in line leaves the stand, those behind shall move up. Any other taxicab seeking parking space in such stand shall approach it only from the rear thereof.
The driver of any licensed taxicab shall have the authority to demand payment of legal fare in advance and may refuse employment unless such fare is so prepaid, but no driver of a taxicab shall otherwise refuse employment by an orderly person for transportation anywhere in the Township. No driver of a taxicab shall carry any person other than the first passenger employing him without the consent of the first passenger.
No owner or driver of any licensed taxicab shall induce any person to employ him by knowingly misinforming or misleading such person. No driver shall convey any passenger to any place or by any route other than the most direct route, unless otherwise directed by said passenger.
The driver of any licensed taxicab, immediately after the termination of any hiring or employment, shall carefully search his taxicab for any property lost or abandoned therein. Such property, unless sooner claimed or delivered to the owner, shall be reported in writing by the driver or by the owner of the taxicab to the Police Department, giving particulars and a brief description of said property, within 24 hours after the finding of the same. All such property not claimed within said twenty-four-hour period shall be turned over by such driver or owner of a taxicab to the Property Clerk of the Department of Public Safety.
Nothing contained in this article shall prohibit the use of a taxicab for private purposes, provided that there is no solicitation of patronage.
A. 
No licensed driver shall commit an act or acts which would disqualify him for a driver's license under § 644-15H, I or J (drug or liquor addiction, habitual violation of the Motor Vehicle Act, conviction for an indictable offense, conviction for operating a motor vehicle while under the influence of intoxicating liquor, or conviction for reckless driving), or shall permit a taxicab driven by him to be used for any illegal or immoral purpose.
B. 
No owner of a licensed taxicab shall permit the use of such taxicab for illegal or immoral purposes.
A. 
Taxicabs. The license of any taxicab issued pursuant to this article may be suspended or revoked by the Director for any of the following causes:
(1) 
A violation of any provision of this article.
(2) 
If the vehicle is found to be unsafe or unfit for public patronage.
B. 
Driver's license. The license of any driver may be suspended or revoked by the Director for violation of any provision of this article.
C. 
Procedure. No license issued pursuant to this article shall be revoked except after due notice and opportunity for a hearing. Pending such hearing, licenses may be suspended.
[Amended 5-15-1979 by Ord. No. 1973]
A. 
Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment in the county jail for a term not exceeding 90 days, or both. Each day that a violation shall continue shall give rise to a separate offense.
B. 
The penalty provided for in this section shall be deemed in addition to the provisions for suspension and revocation of licenses set forth in § 644-34.
[Adopted 11-6-1985 by Ord. No. 2150 (Ch. 216, Art. II, of the 1978 Code)]
As used in this article, the following terms shall have the meanings indicated:
LIMOUSINE
Includes any automobile or vehicle engaged in the business of carrying passengers for hire and operating from private property, either by trip, hour or day, or longer period of time, and which does not solicit passengers for hire upon the public streets of the Township and which is intended to run primarily from points within the Township of Nutley to destinations in other municipalities. The term "limousine" shall also mean "auto livery" and "autocab," as defined in N.J.S.A. 48:16-13.
No person shall hire, keep or use for hire or pay, or cause to be kept or used for hire or pay, any limousine utilizing the Township of Nutley as a principal place of business, as expressed in N.J.S.A. 48:16-18, without having first obtained a license for that purpose from the Township Clerk for such limousine, which license shall be known as a "limousine license." Such license shall be for a term of one year from the date of issuance and shall be renewable annually and shall be nontransferable.
The Township Clerk shall issue such license after satisfactory compliance by the applicant with the provisions of N.J.S.A. 48:16-13 to 48:16-22 and payment of the required fee.
There shall be a separate license issued for each limousine to be licensed. The license shall be in writing, numbered, in triplicate, signed by the Township Clerk on a form provided by the Township and shall contain the following information: name, business address and business telephone number of the owner; number of license; make, model, year, serial number and license plate number of the vehicle; name of the company supplying insurance coverage; the policy number; and the name, address and telephone number of the insurance agent.
Limousine licenses or any renewal thereof shall be issued by the Township Clerk, and no approval of the Board of Commissioners is required.
One copy of the limousine license, when issued, shall be retained by the Township Clerk. The applicant shall receive the original and one copy. The original shall be kept in the limousine at all times.
The fee for the issuance of such license shall be $50 for each limousine licensed. Each such vehicle used as a limousine shall be licensed separately.
The Township Clerk shall have the authority to revoke the license of any owner who fails to remain in compliance with the provisions of N.J.S.A. 48:16-13 et seq.
Any person or persons, firms, corporations or other organizations found to be in violation of any of the provisions of this article shall, upon conviction thereof in Municipal Court and in addition to the penalties provided by N.J.S.A. 48:16-22, pay a fine of not less than $50 nor more than $100 for the first offense and for each subsequent offense shall, upon conviction, pay a fine not to exceed $500. Upon failure to pay such fine, such person shall be liable to imprisonment for a term not to exceed 30 days.