For the purposes of this chapter, the following
terms shall be defined as follows:
PERSON
Any individual, partnership, corporation or association.
PUBLIC SAFETY DIRECTOR
The appointed individual by the Mayor with the advice and consent of City Council in accordance with §
123-11 of the Code of the City of Vineland.
[Added 2-11-2014 by Ord. No. 2014-6]
STREET
Any street, avenue, park, parkway, highway or other public
place.
TAXICAB
Any automobile, motor vehicle or other vehicle, commonly
called "taxi," engaged in the business of carrying passengers for
hire, which is held out, announced or advertised to operate and run
or which is operated or run over any of the streets or the public
highways of this City and, particularly, accepts and discharges such
persons as may offer themselves for transportation from points or
places to points and places.
TAXIMETER
A meter instrument or device attached to a taxicab upon which
the fare is based, which measures mechanically the distance driven
and the waiting time.
WAITING TIME
The time when a taxicab is not in motion, from the time of
acceptance of a passenger to the time of discharge, but does not include
any time that a taxicab is not in motion due to any cause other than
the request, act or fault of a passenger.
No person may cause a taxicab to be operated
without first having obtained a taxicab owner's license from the Council
of the City of Vineland. No person may operate a taxicab without first
having obtained a taxicab operator's license from the Council of the
City of Vineland.
All applications shall be in writing on forms
approved by the City Clerk. All applications for taxicab owner's and
operator's licenses shall be completed in their entirety and filed
with the City Clerk. Any application which is deemed incomplete by
the City Clerk or his/her designee shall be rejected. All completed
applications shall have the date and time that they have been received
recorded thereon.
A. Taxicab operator's license.
(1) All applications for taxicab operator's license shall
contain or be accompanied with the following:
(a)
The name, age and residence of the applicant.
A post office box is not acceptable.
(b)
The names and addresses of two references residing
in the City of Vineland.
(c)
The full amount of the license application fee
hereinafter prescribed.
(d)
Other information deemed appropriate by the Director of Public
Safety and/or the Chief of Police.
[Amended 2-11-2014 by Ord. No. 2014-6]
(2) All applicants shall have the following qualifications:
[Amended 2-26-2013 by Ord. No. 2013-7]
(a)
An applicant shall be at least 18 years of age.
(b)
An applicant shall be a citizen or legal resident
of the United States.
(c)
An applicant shall have a valid New Jersey driver's
license.
(d)
An applicant shall be able to communicate in
the English language.
(e)
An applicant shall be disqualified from operating or driving a taxicab if a criminal history background check and/or driver's abstract required pursuant to §
651-3A(5) revealed a record of conviction of any of the following crimes or offenses:
[1] In New Jersey or elsewhere any crime or offense as follows: aggravated
assault, arson, burglary, escape, extortion, homicide, kidnapping,
robbery, aggravated sexual assault, sexual assault, or endangering
the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not
armed with or having in his possession any weapon enumerated in Subsection
r. of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A.
2C:39-3, N.J.S.A. 2C:39-4 or N.J.S.A. 2C:39-9 or a disorderly persons
or petty disorderly persons offense for the unlawful use, possession
or sale of a controlled dangerous substance as defined in N.J.S.A.
2C:35-2.
[2] In any other state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection
A(2)(e)[1] of this section.
[3] In New Jersey or elsewhere the conviction of an alcohol- or drug-related
traffic offense enumerated in N.J.S.A. 39:4-49.1, N.J.S.A. 29:4-50
et seq. or N.J.S.A. 39:4-51 et seq. or its equivalent in any other
state, territory, commonwealth or other jurisdiction of the United
States, which has occurred in the last 10 years prior to the application
being submitted.
(f) An applicant shall have further qualifications that the Director
of Public Safety may deem appropriate and necessary to determine the
fitness of the applicant to operate a taxicab.
(g)
Notwithstanding anything herein to the contrary, if a person who has been convicted of one of the crimes or offenses enumerated in Subsection
A(2)(e)[1] and
[2] of this section can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a taxicab.
(3) Each applicant shall be fingerprinted by the Vineland Police Department
or such other agency that regularly performs background checks for
the City of Vineland.
[Amended 2-11-2014 by Ord. No. 2014-6]
(4) An operator's license shall not be transferable.
(5) Upon submission of an application, the Director of
Public Safety shall cause an investigation to be made to determine
whether the applicant meets the qualifications as set forth herein.
The Director shall submit his/her report of findings to the City Clerk.
(6) The City Clerk shall submit his/her recommendations
for the issuance of a taxicab operator's license to City Council for
consideration. When City Council has determined to grant such license,
it shall do so by resolution. Upon the adoption of such resolution,
the City Clerk shall sign all licenses and issue to each approved
operator an operator's license in accordance herewith.
(7) Each applicant who has been approved for an operator's
license as prescribed herein shall be issued an operator's license
which shall contain a photo identification of the operator. Said license
shall be displayed conspicuously on the dashboard of the taxicab being
operated in plain view of the passenger. Said license shall be presented
at anytime upon the request of any police officer, the Code Enforcement
Officer, the Director of Public Safety, any authorized City agent
or any passenger. Every operator's license shall have affixed thereto
the City license number, date of issue and date of expiration.
(8) Each taxicab operator licensed in accordance herewith
shall be required to comply with Subsection A(3) every other
year, which shall be completed prior to the date of expiration of
their current license.
B. Taxicab owner's license.
(1) All applications for taxicab owner's license shall
contain or be accompanied by the following:
(a)
The names, age and residence of the applicant.
A post office box is not acceptable.
[1]
If a partnership, the names, ages and residences
of all partners along with the business address of the partnership.
[2]
If a corporation, the names, ages and residences
of its president, secretary and treasurer along with its certificate
of incorporation, certified copy of resolution authorizing this application
and a certificate of good standing issued by the State of New Jersey
not more than 30 days prior to the date of application. Application
of any corporation shall be signed by its president and attested by
its secretary.
[3]
If a limited liability company, the names, ages
and residences of all of its members, name, age and residence of managing
member, certified copy of the resolution authorizing the application,
certificate of good standing issued by the State of New Jersey not
more than 30 days prior to the date of the application.
(b)
A description of the vehicle or vehicles to
be licensed, including the year, make and model, seating capacity,
vehicle identification number and license plate number thereof. Should
the applicant not have this information at the time his/her application
has been filed with the date and time of receipt recorded thereon,
then, in that event, this information must be supplied to the City
Clerk prior to the issuance of an owner's license.
(c)
The owner of such taxicab to be licensed in
accordance herewith shall file with the Clerk of the City of Vineland
for each taxicab operated an insurance policy of a company duly licensed
to transact business under the insurance laws of the State of New
Jersey, conditioned for the payment of a sum of not less than $15,000
to satisfy all claims for damages by reason of bodily injury to, or
the death of, any one person resulting from an accident and a sum
of not less than $30,000 to satisfy all claims for damages by reason
of the bodily injuries to, or the death of, all persons on account
of any such accident by reason of the ownership, operation, maintenance
or use of such taxicab upon any public street; and conditioned for
the payment of a sum not less than $5,000 to satisfy any claim for
damages to property of any one person resulting from an accident and
a sum not less than $5,000 to satisfy all claims for damages to property
of all persons on account of any such accident by reason of the ownership,
operation, maintenance or use of such taxicab upon any public street.
(d)
The names and addresses of two references residing
in the City of Vineland.
(e)
The full amount of the application fee herein
prescribed.
(f)
Other information deemed appropriate by the
Director of Public Safety.
(2) All applicants for a taxicab owner's license shall
have the following qualifications:
[Amended 2-26-2013 by Ord. No. 2013-7]
(a)
An applicant shall be at least 18 years of age.
All partners, corporate officers or members of the limited liability
company applicant shall be at least 18 years of age.
(b)
All applicants shall be a citizen or legal resident
of the United States. All partners, corporate officers or members
of a limited liability company applicant shall be a citizen or legal
resident of the United States.
(c)
An applicant shall be disqualified from obtaining a taxicab owner’s license if any persons enumerated in §
651-3B(1)(a) shall have a record of conviction of any of the following crimes or offenses:
[1] In New Jersey or elsewhere any crime as follows: aggravated assault,
arson, burglary, escape, extortion, homicide, kidnapping, robbery,
aggravated sexual assault, sexual assault, or endangering the welfare
of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with
or having in his possession any weapon enumerated in Subsection r.
of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A.
2C:39-3, N.J.S.A. 2C:39-4 or N.J.S.A. 2C:39-9 or a disorderly persons
or petty disorderly persons offense for the unlawful use, possession
or sale of a controlled dangerous substance as defined in N.J.S.A.
2C:35-2.
[2] In any other state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection
B(2)(c)[1] of this section.
[3] In New Jersey or elsewhere the conviction of an alcohol- or drug-related
traffic offense enumerated in Title 39-4 et seq., which has occurred
in the last 10 years prior to the application being submitted.
(e)
An applicant shall have such further qualifications
that the City Clerk or Director of Public Safety may deem appropriate
and necessary to determine the fitness of the applicant to own a taxicab.
(f)
Notwithstanding anything herein to the contrary, if a person who has been convicted of one of the crimes or offenses enumerated in Subsection
B(2)(c)[1] and
[2] of this section can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a taxicab.
(3) Upon receipt of the completed application by the City Clerk, and
provided an owner's license is available for distribution by the City
of Vineland, the application shall be forwarded to the Director of
Public Safety or his/her designee and Chief of Police, who shall cause
an investigation to be made in accordance herewith, and thereafter
he/she shall provide his/her findings and recommendations to the City
Clerk. In the event an owner's license is not available for distribution
by the City of Vineland, the application shall be placed on file with
the City Clerk with the date and time recorded thereon in accordance
herewith. As owners' licenses become available they shall be offered
to those applicants in the order of the date and times upon which
each completed application was received and filed, the earliest having
the first option to acquire said license in accordance herewith. Notice
of availability shall be sent by certified mail and regular mail simultaneously,
requiring the applicant to respond within 20 days of mailing by notifying
the City Clerk in writing of his/her interest to acquire the available
license. Should there be no response within said time, or should notice
to the address given in the application be undeliverable or returned,
notice shall then go the next applicant based upon the date and time
of receipt of the completed application. It shall be the applicant's
obligation to notify the City Clerk of any change of address. A nonrefundable
police/public safety investigation fee shall be paid prior to submission
to the Director of Public Safety for fingerprinting, if applicable,
and investigation.
[Amended 2-11-2014 by Ord. No. 2014-6]
(4) Upon compliance with all requirements specified herein,
the City Clerk shall issue a certificate in duplicate showing that
the owner of the taxicab or taxicabs has complied with the terms and
conditions of this chapter for each taxicab to be operated by the
owner's license holder. The certificate shall recite the name of the
insurance company, the number and date of expiration of the policy
or bond, a description of the taxicab insured thereunder and the registration
number of the same. Upon issuance of a certificate of compliance,
City Council shall consider the adoption of a resolution authorizing
the issuance of an owner's license. The duplicate certificate shall
thereafter be filed with the Motor Vehicle Commission before any such
car is licensed as a taxicab in the City of Vineland. A certificate
of compliance duly filed in accordance herewith and accompanying Council
resolution is required for each taxicab being operated by the owner's
license holder.
(5) Each applicant who has been approved for an owner's
license as prescribed herein shall be issued an owner's license which
shall contain a photo identification of the owner. Said license shall
be displayed conspicuously on the dashboard of the taxicab being operated
in plain view of the passenger in addition to the certificate of compliance.
Said license shall be presented at anytime upon the request of any
police officer, the Code Enforcement Officer, the Director of Public
Safety, any authorized City agent or any passenger. Every owner's
license shall have affixed thereto the City license number, date of
issue and date of expiration.
Any new license issued hereunder shall be valid
from its date of issuance until December 31 of the same year. Thereafter,
a renewal license shall be valid for one year from January 1 to December
31.
[Amended 10-27-2009 by Ord. No. 2009-68; 5-24-2016 by Ord. No. 2016-16; 12-8-2020 by Ord. No. 2020-58]
A. New owner's license application fee, for each taxicab per year:
B. New owner's license, public safety investigation fee, per applicant:
C. Renewal of owner's license and taxicab inspection fee, per taxicab
per year:
D. Transfer of owner's license:
F. Renewal of operator's license:
G. Replacement operator's license: $33.
H. Fingerprint fees. Fingerprint fees shall be an additional fee as
determined by the Vineland Police Department.
Pursuant to N.J.S.A. 48:16-5, every owner shall
execute and deliver to the City Clerk, concurrently with the filing
of a policy or bond aforesaid, a power of attorney, wherein and whereby
the owner shall appoint the City of Vineland Chief Fiscal Officer
his/her 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 insurance policy or bond filed.
Every owner, before obtaining a license hereunder,
shall have and maintain in the City of Vineland an office with telephone
service for the purpose of receiving telephone calls from prospective
passengers and from where said taxicab may be dispatched to provide
taxicab service to a prospective passenger. The owner's license shall
be maintained in said office, and said license shall be conspicuously
displayed.
An owner who discontinues taxicab service or
fails, without good cause, to operate and maintain the taxicab for
more than 90 consecutive days shall immediately surrender his taxicab
license to the Municipal Clerk for cancellation. Failure so to do
shall be sufficient cause for suspension or revocation of said taxicab
license.
An operator shall, upon demand by a passenger,
provide such passenger a receipt for the amount charged, either by
a mechanically printed receipt or by a specially prepared receipt
on which shall be the name of the owner, license number or motor number,
amount of meter-reading charges and date of transaction.
[Amended 2-11-2014 by Ord. No. 2014-6]
Any owner's or operator's license may be denied, revoked or suspended at any time for cause for the violation of any provision hereunder or any other City ordinance. The licensee may make a written request for a hearing within 10 days from date of denial, revocation or suspension. The hearing shall be held before the Director of Public Safety, his/her designee or any director duly appointed by the Mayor with the advice and consent of City Council. Such denial, suspension or revocation may be in addition to or instead of penalties prescribed by §
651-20 hereunder. A suspended or revoked license shall not be reissued except for good and sufficient reasons shown.