As used in this article, the following terms shall have the
meanings indicated:
Any person who operates a taxicab within the Township, whether
or not such person is also the owner thereof.
Transporting in a taxicab one or more persons for hire. Accepting
a passenger to be transported for hire from a point of departure within
the Township to a destination within or without the Township shall
be considered operation of a taxicab within the Township. The operation
of a taxicab by one other than the owner shall be deemed operation
by the owner as well as by the person actually driving the taxi. The
transportation of any person other than the owner or driver in any
motor vehicle bearing a sign using the words "taxi," "taxicab," "cab"
or "hack" shall be prima facie evidence of operation.
Any person, business entity, association or other legal entity
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.
A motor vehicle used to transport passengers for hire or
compensation which does not operate over a fixed route and is not
hired by the day or hour.
The Township of Howell.
No person shall operate a taxicab within the Township unless
both the owner and the driver of the taxicab are licensed under this
article.
A.
Taxicab driver's license. The holder of a taxicab driver's license
shall be entitled to operate within the Township any taxicab whose
owner has been licensed under this article.
B.
Taxicab owner's license. The holder of a taxicab owner's license
shall be entitled to operate a taxicab owned or leased by the licensee
within the Township, provided that the person driving the cab holds
a valid taxicab driver's license.
A.
The Township will make available on an annual basis a maximum of four taxicab owner's licenses, subject to the provisions of Subsection B below. Licenses shall be awarded on a first come, first served qualifying basis. Those licensees that have been previously licensed by the Township during the prior year and who remain in good standing and who have submitted their statement for renewal (per the provisions of Subsection I below) prior to January 1 shall be afforded the first opportunity for relicensing. All other applicants shall be afforded the opportunity to obtain a taxicab owner's license after January 1.
[Amended 3-21-2016 by Ord. No. O-16-06]
B.
Should the Township determine to authorize the issuance of one or more new or additional taxicab owner's licenses beyond the maximum number referenced in Subsection A above, then such issuance shall be authorized by future ordinance of the governing body, in accordance with the following requirements:
(1)
The disposition of new or additional licenses shall be made to the
highest qualified bidder(s) at a sale by public auction for that purpose
which is conducted or supervised by the Municipal Clerk in accordance
with N.J.S.A. 48:16-2.3. The public auction shall be undertaken in
accordance with the notice requirements set forth in N.J.S.A. 48:16-2.1.
(2)
The ordinance adopted by the governing body for this purpose may
prescribe certain requirements, including but not limited to qualifications
for prospective bidders, a minimum bid amount, conditions of sale,
and the reservation by the Township of the right to reject all bids
where the highest bid is not accepted. The ordinance may also include
a requirement for reimbursement of the Township by the successful
bidder(s) for any costs incurred by the Township in complying with
the public notice requirements set forth in N.J.S.A. 48:16-2.1. In
such case, should more than one taxi license be issued at the same
public auction, then the recipients thereof shall equally split the
costs of reimbursing the Township for any expenses incurred by the
Township in complying with the public notice requirements.
C.
Application information.
(1)
Application for a taxicab owner's license above shall be made to
the Township Clerk on forms provided by her. Any changes to the information
included in the application which occur during the licensing period
shall be reported to the Township Clerk within three calendar days
of the change.
(2)
Applications shall be signed and verified by oath or affirmation
by the applicant. Applications by a partnership shall give the information
required for each partner and shall be signed and verified by all
partners. Applications by a corporation shall give the information
required for and be signed and verified by all officers and directors
and all persons holding more than 10% of the corporation's common
stock, as well as by a person duly authorized to act for the corporation
itself.
(3)
Insurance requirements. Applications received after the effective
date of this chapter for new licenses or for renewal of existing licenses
must be accompanied by proof of automobile liability insurance coverage
which is in effect and issued by a company licensed and admitted to
transact business in the State of New Jersey, and acceptable to the
Township, indicating limits of liability in amounts not less than
the following: $50,000 per person and $100,000 per accident for bodily
injury or death and $50,000 per accident for property damage. Proof
of insurance must also indicate that insurance coverage applies to
all owned or leased vehicles of the applicant or must specify by description
all of the vehicles to which the coverage applies. Said proof of insurance
must also indicate that the Township will be notified with advance
written notice of at least 30 days should the coverage be cancelled
or nonrenewed prior to any cancellation or nonrenewal thereof, except
that no less than 10 days' advance written notice shall be provided
for nonpayment of premium. The insurance policy shall provide for
the payment of any final judgment recovered by any person on account
of the ownership, maintenance, or use of the vehicle(s) of the applicant,
or any fault in respect thereto, and shall be for the benefit of every
person suffering loss, damage or injury as aforesaid. The Township
of Howell shall be named as an additional insured on any insurance
policy submitted in accordance with the requirements of this article.
If the taxicab owner's application for license applies to more than
one vehicle, the taxicab owner may satisfy the insurance requirements
specified herein through the submission of a blanket bond or insurance
policy which meets the criteria specified in N.J.S.A. 48:16-4.
(4)
Information about each taxicab vehicle to be operated under the taxicab
owner's license shall be provided, including the following:
(5)
Any person who shall make a false statement in any license application
or in any record or certificate that is required to be filed or maintained
shall be subject to rejection of the application submitted and/or
to appropriate disciplinary sanctions, including license suspension
or revocation, in addition to any penalty provided under the New Jersey
Criminal Code.
D.
Investigation; grant or denial of license. The Howell Township Chief
of Police or a police officer designated by him shall investigate
all applications. A copy of the application shall also be provided
to the Zoning Officer for review and for a determination that the
proposed location of the taxi operation does not violate applicable
zoning regulations. A report containing the results of the police
investigation and evaluation, a recommendation by the Chief of Police
or his designee that the license be granted or denied, and the reasons
for such recommendation shall be forwarded to the Township Clerk and
the Township Council. A report regarding the Zoning Officer's findings
shall also be provided to the Police Chief or his designee, the Township
Clerk and Township Council. The Township Clerk shall ensure that copies
of these reports are also made available to the applicant. Based upon
the findings set forth in the reports, the Police Chief or his designee
shall determine whether to recommend that the license shall be granted
or denied. Said determination shall be rendered in writing and shall
be provided to the applicant.
E.
Factors considered. In determining whether to grant or deny the license,
the Police Chief or his designee shall take into consideration the
following factors:
(1)
The character, business and financial responsibility and experience
of the applicant and the probability that, if granted a license, the
applicant will operate his taxicab(s) in accordance with the provisions
of this article.
(2)
Any other factors directly related to the granting or denial of the
license which would substantially affect the public safety or convenience.
F.
Issuance of license. The Howell Township Council shall grant or deny
the license at its next scheduled meeting based upon the recommendations
submitted.
G.
License term; fees.
(1)
A taxicab owner's license shall be valid for the remainder of the
calendar year for which it is issued, expiring on December 31st of
said year.
(2)
The license fee shall be set forth in Ch. 139, Fees, and shall be nonrefundable in the event that the application is denied. For licenses issued in 2012, the license fee shall be pro-rated. For licenses issued in 2013 and thereafter, all applicants shall be charged the full nonrefundable license fee amount.
H.
In those cases where the license has been denied, the applicant shall
be afforded the opportunity for a hearing before the Township Manager,
Police Chief and the Township Attorney. Any request for a hearing
must be made within 10 days of the applicant's receipt of written
notice of denial. At the hearing, the applicant shall have the right
to be represented by counsel and will be afforded the opportunity
to testify himself or to present witnesses in support of his position,
to cross-examine opposing witnesses and, at his own expense, to have
a stenographic record made of the proceedings. Following the hearing,
the determination shall be final.
I.
Renewals. A taxicab owner's license shall be renewed by the Council upon the licensee's filing with the Clerk a sworn notarized statement certifying that there have been no changes in the information contained in the initial application and upon the completion of the investigation set forth in Subsection D above indicating results that are satisfactory to the Chief of Police or his designee and upon payment of the appropriate annual fee.
J.
Any change(s) in the information contained within the owner's license
application shall be reported to the Township Clerk within three business
days thereof. A charge in the amount of $25 shall be levied for each
day, after the three days, that any such changes are not reported
to the Township.
A.
Applications. Application for a taxicab driver's license shall be
made annually to the Township Clerk upon forms provided by that office,
and shall be forwarded to the Chief of Police or his designee, for
investigation and approval processing, screening and determination.
Applications shall be taken in the Clerk's office. Except as hereinafter
provided, applicants shall have the following minimum qualifications:
(1)
The applicant must be over 21 years of age.
(2)
The applicant must be a United States citizen or a legal resident
alien. A copy of the alien registration card or work permit must be
submitted with the application.
(3)
The applicant must possess a valid New Jersey driver's license.
(4)
The applicant must supply a certification from a licensed physician,
on a form to be provided by the Township Clerk, indicating that the
applicant has been examined within the past 60 days and is in sound
physical condition, has eyesight corrected to 20/20 vision and is
not subject to any infirmity of body or mind which might render the
applicant unfit for safe operation of a vehicle for hire.
(5)
The applicant must certify that he/she is not addicted to the use
of narcotics or intoxicating liquors.
(6)
The applicant must be able to read, write and understand the English
language and speak the English language sufficiently to converse with
the general public, to understand highway traffic signs and signals
in the English language, to respond to official inquiries, and to
make entries on reports and records.
(7)
Background checks and previous convictions.
(a)
The applicants must not have been convicted of any crime involving
moral turpitude, be fingerprinted and have a criminal history background
check conducted by Morpho Track, Inc. All costs associated with administering
and processing the background check(s) shall be paid by the applicant.[1] An applicant shall be disqualified from operating or driving
a taxi within the Township, and shall not be issued a taxicab driver's
license, if a criminal history record background check reveals a record
of conviction of any of the following crimes as having been committed
by the applicant in New Jersey or elsewhere, or a record of conviction
of a crime in another jurisdiction in the world which, in that jurisdiction,
is comparable to any of the following crimes:
[1]
Aggravated assault;
[2]
Arson;
[3]
Burglary;
[4]
Escape;
[5]
Extortion;
[6]
Homicide;
[7]
Kidnapping
[8]
Robbery;
[9]
Aggravated sexual assault;
[10]
Sexual assault;
[11]
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; or
[12]
A crime pursuant to the provisions of N.J.S.A.
2C:39-3, 2C:39-4 or 2C:39-9, or other than 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.
(b)
The above automatic disqualification shall not apply, however,
to those applicants who were convicted of any of the above crimes
prior to the effective date of this chapter and who had previously
received the consent of the Township to operate a taxicab within the
Township and who had a valid taxicab driver's license issued and in
effect by the Township as of the effective date of P.L. 2011, c. 135.
(c)
Additionally, if a person who has been convicted of one of the
crimes listed above can produce a certificate of rehabilitation issued
pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred
outside of New Jersey, an equivalent certificate from the jurisdiction
where the criminal offense occurred, then the criminal offense shall
not disqualify the applicant from operating or driving a taxicab within
the Township.
(8)
The applicant must not have been convicted, within the three years
prior to the date of the application, of reckless driving, driving
while intoxicated, leaving the scene of an accident or driving more
than 30 miles an hour above the speed limit, and the applicant must
not have been convicted, within the five years prior to the date of
the application, of driving while intoxicated.
(9)
At the time of application, the applicant must have no more than
six New Jersey State Division of Motor Vehicle points on his or her
driving record, or the equivalent if licensed in any other state.
B.
Investigation; grant or denial of license. The Chief of Police or
a police officer designated by him shall investigate the application
and shall report the results to the Clerk and the Council within a
reasonable time. The report shall include a recommendation that the
license be granted or denied and the reasons therefor. The Township
Clerk shall ensure that a copy of the report is made available to
the applicant. Based upon the findings set forth in the report, the
Council shall determine whether to grant or deny the license.
C.
Issuance of license; contents. Upon approval of the application by
the Council at the next regularly scheduled meeting, the license shall
be issued to the applicant. The license shall contain the licensee's
name and address, physical description, signature and photograph.
D.
Term of license; fees; renewal. An initial license to drive a taxicab shall be valid for the remainder of the calendar year in which it is issued, expiring on December 31 of said year. Licenses issued in 2012 shall be subject to a fee as set forth in Ch. 139, Fees, which shall be pro-rated. Such fee shall be nonrefundable in the event that the application is denied. Licenses issued in 2013 and thereafter shall be subject to a nonrefundable nonprorated fee as set forth in Ch. 139, Fees. A taxicab driver's license may be renewed annually thereafter, unless it has been revoked or suspended, upon the payment of a renewal fee as set forth in Ch. 139, Fees, and processing, screening and determination of the application in accordance with all of the procedures set forth above.
E.
Use of license. Taxicab driver's licenses are valid for use with
any licensed taxi within the Township of Howell.
F.
In those cases where the Police Chief recommends denial of the license,
the applicant shall be afforded the opportunity for a hearing before
the Police Chief, Township Manager and Township Attorney. Any request
for a hearing must be made within 10 days of the applicant's receipt
of written notice of denial from the Police Chief. At the hearing,
the applicant shall have the right to be represented by counsel and
will be afforded the opportunity to testify himself or to present
witnesses in support of his position, to cross-examine opposing witnesses
and, at his own expense, to have a stenographic record made of the
proceedings. Following the hearing, the determination shall be final.
G.
Any change(s) in the information contained within the driver's license
application shall be reported to the Township Clerk within three business
days thereof. A charge in the amount of $25 shall be levied for each
day after three days that any such changes are not reported to the
Township.
A.
The taxicab owner's license and driver's license (with photo) shall
be displayed prominently in the interior of each cab. Rates of fares
shall be posted in each taxicab.
B.
The taxicab driver's license must also be conspicuously displayed
on the driver's outer garment when the driver is on duty and presented
for confirmation when requested by the passenger.
A.
In the case of an emergency, licenses may be temporarily suspended
for not more than seven days by the Chief of Police.
B.
In all other cases, licenses may be suspended or revoked, for cause,
by the Township Council after reasonable notice and a hearing. At
said hearing, the licensee shall have the right to be represented
by counsel and will be afforded the opportunity to testify himself
or to present witnesses in support of his position, to cross-examine
opposing witnesses and, at his own expense, to have a stenographic
record made of the proceedings. At the conclusion of the hearing,
the Council will determine whether to suspend the license or to permanently
revoke the license. Any license so suspended or revoked shall not
be reissued except for good reasons shown. A license issued under
this article may be revoked or suspended, by the Township Council,
or any application for the issuance or renewal of a license denied,
for any of the following reasons:
(1)
Failure to render reasonable, prompt, safe and adequate taxicab service.
(2)
The existence of a judgment unsatisfied of record against the licensee
or applicant in any suit arising over the operation of a motor vehicle.
(3)
Permitting any taxicab owned or driven by the licensee to become
unsafe, unsanitary or dirty.
(4)
Failure to comply with all applicable laws of the State of New Jersey,
the ordinances of the Township or the rules and regulations adopted
in accordance with this section.
(5)
Where taxicab vehicles are found to be used for any improper, immoral
or illegal business or purpose or for the violation of any federal
or state statute or for the violation of any of the provisions of
this article.
(6)
Failure to maintain the proper amount of insurance on licensed taxicab
vehicles pursuant to valid and effective insurance policies, as required
by this article.
C.
Drivers. If the licensee is a driver, his license may also be revoked
or suspended by the Township Council for the following reasons:
(1)
Revocation or suspension of his New Jersey motor vehicle operator's
license.
(2)
Contraction by the licensee of a communicable or contagious disease.
(3)
Operating a taxicab in a reckless or grossly negligent manner or
habitually operating a taxicab in a negligent manner.
(4)
Conviction of one of the crimes listed in § 295-17A(7)(a) above, in New Jersey or elsewhere.
A.
All complaints shall be submitted to the Township of Howell Police
Department or the Township of Howell Code Enforcement Office.
B.
Enforcement of this chapter is the responsibility of the Township
of Howell Police Department or authorized persons designated by the
Chief of Police and the Howell Township Code Enforcement Officer.
