[Adopted 6-8-1970 as Ch. 9 of the Revised General Ordinances]
As used in this article, the following terms shall have the
meanings indicated in this section:
INITIAL APPLICATION
Refers to the first application made by a person for a taxicab
owner's license and also to any application for permission to
increase the number of taxicabs authorized in an existing license.
OPERATION
Accepting or soliciting passengers indiscriminately for transportation
for hire between two points within the Town of Newton or at a point
within the Town of Newton to a destination outside its boundaries
as may be directed by the passenger(s). "Soliciting" shall include
the driving of an empty taxicab at a slow rate of speed along a public
street, parking in parking spaces or driveways of commercial businesses
without conducting any business or repeated travel or stopping along
streets for the obvious purpose of soliciting passengers. The operation
of any taxicab by any individual other than the owner shall be deemed
operation by the owner as well as the person actually driving the
taxicab.
OWNER
Any person in whose name title to any taxicab is registered
with the New Jersey Division of Motor Vehicles or who appears in the
Division's records to be a conditional vendee or lessee or has
any other proprietary interest in a taxicab.
RENEWAL LICENSE
The reissuance of a license to an owner or driver, which
license contains essentially the same provisions as a previously issued
license which is about to expire but which has not yet expired.
TAXICAB
A motor vehicle for hire designed to carry seven passengers
or less, including the driver, operated on any highway or public street
in the Town of Newton, accepting or soliciting passengers indiscriminately
for transportation for hire between two points within the Town of
Newton or at a point within the Town of Newton to a destination outside
its boundaries as may be directed by the passenger(s), provided that
nothing in this article shall be construed to include as a taxicab
a motor vehicle operated over a fixed routes or schedules or that
is hired by the day or hour.
Insurance required: a policy of insurance with the premium prepaid
of a company duly licensed to transact business under the insurance
laws of the State of New Jersey in the sum of $500,000 against loss
from liability imposed by law upon the owner for damages suffered
by one person; and in the sum of $500,000 against loss from liability
imposed by law upon the owner for death suffered by more than one
person as a result of an accident occurring by reason of the ownership,
maintenance or use of the vehicle so licensed; and in the sum of $500,000
against loss from liability imposed by law upon the owner for property
damage suffered by any person or persons as a result of an accident
occurring by reason of the ownership, maintenance or use of the vehicle
so licensed. The insurance policy shall provide for the payment of
any final judgment received by any person or persons on account of
the ownership, maintenance and use of the vehicle or any fault in
respect thereto and shall be for the benefit of any person suffering
any loss, damage or injury as aforesaid, and shall recite on its face
that it is issued in pursuance of this article; provided, further,
that a power of attorney shall be executed and delivered to the Treasurer
concurrently with the filing of the policy of insurance, wherein and
whereby the owner shall nominate, constitute and appoint the Treasurer
as his true and lawful attorney for the purpose of acknowledging service
of any process of a court of competent jurisdiction to be served upon
the insured by virtue of the indemnity granted under the insurance
policy filed. Unless the policy of insurance and power of attorney
are filed with the Clerk within 30 days from the date of approval
of the application by the Council, no license shall be issued upon
the application.
[Amended 2-13-2012 by Ord. No. 2012-2]
Any person who shall operate a taxicab in the Town of Newton without a valid taxi driver's permit and any person who shall permit such operation of a taxicab in violation of this article shall be guilty of a civil violation and shall be punishable as provided in Chapter
1, Article
III, General Penalty.
[Amended 2-13-2012 by Ord. No. 2012-2]
In order to ensure the safety of the public, it shall be unlawful
for the owner or lessee of any taxicab to operate or cause or permit
a taxicab to be operated, nor shall any license be issued hereunder,
until and unless the applicant has complied with the provisions of
N.J.S.A. 48:16-1 et seq., and the acts amendatory or supplemental
thereto; except that, in any case where the requirements of this article
are more stringent than the requirements of the aforesaid statute,
the provisions and requirements of this article shall be controlling.
It shall be the duty of all police officers of the Town of Newton
to enforce the provisions of this article.
[Adopted 4-23-2007 by Ord. No. 2007-11]
As used in this article, the following terms shall have the
meanings indicated, except as these terms are otherwise defined by
N.J.S.A. 48:16-13 or its successor statute.
APPLICANT
The owner of a limousine or limousine service that has submitted
an application for a license from the Town of Newton under this article.
BUSINESS ADDRESS
Commercial office space at which the actual business of a
limousine service is conducted in compliance with local zoning and
use regulations. A business address may or may not be the principal
place of business
LICENSE YEAR
The calendar year from January 1 through December 31.
LIMOUSINE
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 in
no event of more than 14 passengers, not including the driver, provided
that such a vehicle shall not have a seating capacity in excess of
four passengers, not including the driver, beyond the maximum passenger
seating capacity of the vehicle, not including the driver, at the
time of manufacture. Nothing in this article contained shall be construed
to include taxicabs, hotel buses, buses employed solely in transporting
schoolchildren 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.
LIMOUSINE SERVICE
Includes the business of carrying passengers for hire by
limousines.
PRINCIPAL PLACE OF BUSINESS
In reference to a municipality, the location of the main
place of business of the limousine service in the municipality where
limousine service is conducted, where limousines are dispatched, and/or
where limousine drivers report for duty.
The duration of each license issued by the Town of Newton shall
be for that portion of the license year remaining from the date of
issuance of said license.
[Amended 2-13-2012 by Ord. No. 2012-2]
Violation of any provision of this article shall, upon conviction, be punishable as provided in Chapter
1, Article
III, General Penalty.