[HISTORY: Adopted by the Township Council of the Township
of Hamilton 7-22-1998 by Ord. No. 98-026 (Ch. 138 of the 1994
Code of Ordinances); amended in its entirety 7-16-2013 by Ord. No. 13-026. Subsequent amendments
noted where applicable.]
A.
Authority. The authority to license and regulate taxicabs is set
forth in N.J.S.A. 40:52-1 and N.J.S.A. 48:18-1 et seq.
B.
Scope. This article shall apply to all businesses commonly known
as taxicabs which are located in the participating municipal areas.
Nothing in this article shall be construed to regulate limousines,
livery services, hotel buses, buses employed solely in transporting
schoolchildren or teachers, autobuses which are subject to the jurisdiction
of the New Jersey Department of Transportation, or interstate autobuses
required by federal or state law to carry insurance against loss from
liability imposed by law on account of bodily injury or death.
C.
In addition to licenses issued in accordance with this article, the
Township of Hamilton will recognize the validity of duly authorized
taxicab licenses issued by the participating municipalities for purposes
of the pickup and discharge of passengers within the Township of Hamilton,
upon the adoption of reciprocal ordinances in those participating
municipalities, as provided hereunder.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The driving of an empty taxicab along a public street at
a slow rate of speed for the obvious purpose of soliciting passengers.
The Municipal Clerk of the Township of Hamilton.
The transporting of one or more persons in a taxicab for
hire. Accepting a passenger to be transported for hire from a point
of departure within the municipality to a destination within or outside
the municipality shall be considered operation of a taxicab within
the municipality. 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 operator in any motor vehicle bearing a sign using
the word "taxi," "taxicab," "cab" or "hack" shall be prima facie evidence
of operation.
Any person in whose name title to any taxicab is registered
with the New Jersey Motor Vehicle Commission or who appears in the
Commission's records to be a conditional vendee or lessee or has any
other proprietary interest in a taxicab or limousine.
Any individual, copartnership, association, corporation or
joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
A section of a public street or of a public place set apart
for the exclusive use of a taxicab or a limited number of taxicabs,
when such section is distinctly marked as such by an appropriate sign
attached to a stanchion on the curb or other conspicuous place or
by clearly visible marks upon the surface of a street or public place.
Any street, avenue, park, highway or other public place.
Any automobile, sport utility vehicle, crossover vehicle,
minivan, or motor car, engaged 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 particularly accepts and discharges such persons
as may offer themselves for transportation from points or places within
or without the state. The capacity of any taxicab or taxi under this
definition shall not exceed seven passengers.
A mechanical instrument or device by which the charge for
hire of a taxicab is mechanically calculated, either for the distance
traveled or for waiting time, or for both, and upon which such charge
shall be plainly indicated by means of figures, and which shall be
inspected and calibrated by the New Jersey Office of the Attorney
General, Division of Consumer Affairs, Office of Weights and Measures
as least annually.
A.
Taxicab operator's license. No person shall operate a taxicab in the municipality unless that person holds a valid taxicab operator's license issued by the Municipal Clerk. Any and all violators would be subject to the penalties provided in § 1-2, Violations; penalties, of the Code of the Township of Hamilton.
B.
Taxicab owner's license. No person owning or leasing a vehicle shall
use that vehicle or permit that vehicle to be used as a taxicab unless
there is a current taxicab owner's license in effect for such vehicle.
C.
The owner of an taxicab shall display on the body of the vehicle
the taxi license number issued to the vehicle. The number shall be
three inches in height and located in the center rear quarter panels
on the driver and passenger sides and the rear center line of the
trunk of the vehicle. Each taxicab shall display on each rear door
of the taxicab the name of the municipality or municipalities which
has issued the taxicab a taxi license in letters three inches in height.
A.
General provisions. No taxicab owner's license shall be granted unless
the applicant meets the requirements set forth in this section.
(1)
Citizenship or visa. The applicant must be a citizen of the United
States or a legal resident alien. If the applicant is a partnership
or corporation then each partner or officer must be a citizen of the
United States or a legal resident alien.
(2)
Authorization to do business. If the applicant is a corporation,
the corporation must either be incorporated in the State of New Jersey
or authorized to do business in this state.
(3)
Convictions. The applicant shall not have been convicted of any crime
and/or disorderly persons offense involving moral turpitude, including,
but not limited to, conviction for possession and/or distribution
of pornography, conviction for possession and/or distribution of controlled
dangerous substances, all elements included under the New Jersey statute
prohibiting prostitution, sexual offenses of physical violence against
persons or property within 10 years next preceding the date of application
for license, unless the police, for good cause shown, shall waive
any disqualification based on such conviction. If the applicant is
a partnership, then no partner may have such record. If the applicant
is a corporation, then neither the corporation nor any officer or
director may have such record.
(4)
Prior license revocations. The applicant must have no record of prior
revocation by any jurisdiction of a license related to the taxicab
business. If the applicant is a partnership, then no partner may have
such record. If the applicant is a corporation, then neither the corporation
nor any officer or director may have such record.
(5)
Insurance. The applicant must have complied with the provisions of
N.J.S.A. 48:16-21 et seq., and the acts amendatory thereof or supplemental
thereto, relating to insurance.
(a)
The owner of the taxicab shall have filed with the Clerk of
the municipality in which such operation is permitted, an insurance
policy which shall be issued by an admitted insurance company duly
licensed to transact business under the insurance laws of this State
or a company registered to do business in the state, the policy providing
for not less than $35,000 of motor vehicle liability insurance coverage
or the amount of motor vehicle liability coverage required pursuant
to § 1 of P.L. 1972. c. 197 (N.J.S.A. 39:6B-1), whichever
is greater, to satisfy all claims for damages by reason of bodily
injury to or the death of any person or persons resulting from or
on account of an accident by reason of the ownership, operation, maintenance
or use of such taxicab upon any public street; and to satisfy any
claim for damages to property of any person resulting from or on account
of an accident by reason of the ownership, operation, maintenance
or use of such taxicab upon any public street.
(b)
Nothing contained in this section shall prohibit the owner of
a taxicab from obtaining any additional amount of motor vehicle liability
insurance coverage from a company licensed outside the State of New
Jersey.
(c)
The consent shall be effective and operation thereunder shall
be permitted only so long as the insurance policy shall remain in
force to the full and collectible amounts as aforesaid.
(d)
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 taxicab or any fault in respect thereto, and shall be
for the benefit of every person suffering loss, damage or injury as
aforesaid.
(e)
If a licensed owner operates more than one taxicab, he may file with the Municipal Clerk, in lieu of the policy required by Subsection A(5)(a) above, a bond or insurance policy of a company duly licensed to transact business under the insurance laws of this state in the sum of $50,000, which shall be a blanket insurance coverage covering all cabs operated by such owner, which shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of any such taxicab or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
B.
An owner's license granted under this article and pursuant to N.J.S.A.
48:16-2 may be revoked by the Hamilton Township Council, after notice
and hearing, whenever it shall appear that the person to whom the
consent was granted has failed to furnish or keep in force the insurance
policy or bond and power of attorney required by this article or to
comply with any terms or conditions imposed by the board or body granting
the consent or any law of this state.
A.
Forms. Applications for an owner's license under this article shall
be made by the owner or lessee thereof upon blank forms to be furnished
by the Municipal Clerk. The application shall require the applicant
to provide all of the information necessary to determine whether the
applicant is entitled to an owner's license. Each individual applicant,
copartner or officer of a corporation shall have his fingerprints
taken and filed with the police of the municipality.
B.
Insurance. The applicant for a taxicab license shall file an insurance
policy conforming with the requirements of N.J.S.A. 48:16-3 or a bond
referred to in N.J.S.A. 48:16-4 and file concurrently a power of attorney,
wherein and whereby the owner shall appoint the Chief Fiscal Officer
of the municipality his 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.
(1)
The Municipal Clerk, upon the filing of the required insurance policy
or bond, shall issue a certificate in duplicate showing that the owner
of the taxicab has complied with the terms and provisions of this
article. 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. The duplicate certificate shall be filed with the Motor
Vehicle Commission before any such car is licensed as an taxicab.
The original certificate shall be posted in a conspicuous place within
the taxicab.
C.
False statement. Any person who shall make a false statement in any
license application or in any record or certificate that he/she is
required to file or maintain 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.
A.
Required. No person shall drive a taxicab for the purpose of accepting
therein or discharging therefrom any person without first having obtained
a license to do so.
B.
Qualifications of applicants. Generally, each applicant for a license
to drive a taxicab must:
(1)
Have a valid New Jersey driver's license with no suspensions or revocations
of license in any jurisdiction for the preceding two years, except
for suspensions and revocations purely administrative in nature.
(2)
State the name of the licensee of the taxicab by whom or which he/she
will be employed.
(3)
Be at least 21 years of age and a citizen of the United States or
a legal resident alien.
(4)
Be able to speak, read and write the English language.
(5)
At the time of making the initial application, have his/her fingerprints
taken and filed with the police of the municipality.
(6)
The applicant must file with the Municipal Clerk a certificate from
a licensed physician, setting forth that he/she has been examined
by a physician within 30 days prior to the date of the application.
The applicant must have no disability or illness of any type which
poses a significant risk of substantial harm to the applicant or others
if he/she is granted a license to drive a taxicab.
(7)
Each operator or driver of the taxicab for which the owner thereof
is seeking the consent to operate in a municipality has submitted
to the performance of a criminal history record background check and
will submit to the performance of a criminal history record background
check every two years thereafter. The cost for the criminal history
record background checks, including all costs of administering and
processing them, shall be borne by the operator or driver of the taxicab.
C.
A person shall be disqualified from operating or driving an taxicab
if a criminal history record background check required pursuant to
this section reveals a record of conviction of any of the following
crimes:
(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 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.
(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 C(1) of this section.
D.
If a person who has been convicted of one of the crimes enumerated in Subsection C(1) and (2) 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 an taxicab.
A.
Forms. Applications for taxicab operator's licenses under this article
shall be made by the applicant upon forms furnished by the Municipal
Clerk. The form shall require the applicant to provide all of the
information necessary to determine whether the applicant is entitled
to an operator's license.
B.
Proof of driver's license. The applicant must provide the Municipal
Clerk with proof that he/she holds a valid driver's license issued
by the New Jersey Motor Vehicle Commission.
C.
Convictions. At the time of the initial application and every two
years thereafter, the applicant shall provide the police with authorization
to review any records of criminal convictions for that individual
or the individual partners. Any costs associated with providing the
police with the authorizations to review any records of criminal convictions
will be borne by the applicant.
D.
Affidavit. All applications shall be duly verified by the affidavit
of the applicant seeking the license.
E.
False statement. Any person who shall make a false statement in any
license application or in any record or certificate that he/she is
required to file or maintain shall be subject to rejection of the
application submitted and/or to appropriate disciplinary sanctions,
including the license suspension or revocation, in addition to any
penalty provided under the New Jersey Criminal Court.
F.
Fees. A nonrefundable fee (cash or money order) as provided in § 454-11, License fees, shall be submitted with all license applications, which, if approved, will be applied to the licensing fee.
G.
Photographs. Each applicant for an operator's license shall file
with his/her application three unmounted, unretouched passport-quality
photographs of himself/herself. The photographs shall have been taken
within 30 days preceding the filing of the application. One of the
photographs shall be attached to the operator's license. The remaining
photographs shall be filed with the application by the Municipal Clerk
and with the police. Each licensed operator shall exhibit his/her
license with the photograph attached for inspection. In case an application
for an operator's license is denied, two of the photographs shall
be returned to the applicant.
A.
Review by Municipal Clerk. Each application shall be reviewed by
the Municipal Clerk for completeness. If the application is not complete,
the Municipal Clerk shall advise the applicant, and no further action
shall be taken until the application is complete. If the application
is complete, the Municipal Clerk shall refer the application to the
Chief of Police for further action.
B.
Inspection of vehicle.
(1)
Vehicles must be inspected at a state-operated inspection station
only.
(2)
No vehicle shall be licensed under this article until it has been
thoroughly and carefully inspected by the police and found to be in
a thoroughly safe, clean and fit condition for transportation of passengers.
If required, a taximeter shall be attached to the vehicle. The taximeter
shall be inspected and approved by the police. Municipal inspection
stickers will be affixed to the vehicle by the police.
C.
Examination and certification of applicant as to knowledge of laws.
As part of his/her review, each applicant may be examined as to the
applicant's knowledge of the provisions of this article, the Motor
Vehicle Act, the Traffic Act and other ordinances and regulations
having to do with traffic and the geography of the municipality, and
if the result of the examination is unsatisfactory, he/she shall be
refused a license.
A.
If upon inspection a taxicab is found to be in a safe condition for transportation of passengers and conforms to the rules and regulations established under this article, the police shall authorize the issuance of the license and the Municipal Clerk shall issue a license to the applicant. The license shall set forth the name of the owner of the vehicle, the trade name, and the official license number thereof. The license shall be signed by the Municipal Clerk and shall be conspicuously displayed within the taxicab. If upon inspection the taxicab is found to be in a safe condition for the transportation of passengers and conforms to the rules and regulations established under this article, and the applicant pays an annual inspection fee as provided in § 454-11, License fees, to the authority so designated to certify inspections, the police shall authorize the issuance of the license, and the Municipal Clerk shall issue a license to the applicant.
B.
The Municipal Clerk shall also furnish a small card, not exceeding
six inches and not less than four inches in length or width, indicating
the rates and fares. The card shall be conspicuously displayed within
the vehicle.
A.
General. A badge shall be issued to each licensee under this article bearing the license number of the operator and the word "operator" thereon. The badge must be conspicuously displayed on the left breast of the operator's outer garment when he is engaged in his employment. If any badge becomes lost or destroyed, a new badge shall be furnished by the Municipal Clerk upon payment of the sum as provided in § 454-11, License fees.
B.
Sale or loan of badge prohibited. No person shall sell, loan or otherwise
dispose of any license issued under the provisions of this article
or of any badge delivered by the Municipal Clerk with any license.
A.
General. The license fees are fixed for the purpose of regulation
and control and shall be paid annually, in the manner and amounts
set forth below, to the Township for conducting or engaging in the
business aforementioned. The term of each license issued shall expire
on the last day of May of the year following issue.
B.
Taxicab owner's license. The annual renewal fee for a taxicab owner's license shall be as set forth in Chapter 215, Fees, of the Township Code, per vehicle per year, up to a maximum of 15 vehicles, after which the fee shall be as set forth in Chapter 215, Fees, per vehicle to cover the cost of the medallion. Any license issued for a particular vehicle may be transferred to a different vehicle upon the payment of a transfer fee as set forth in Chapter 215, Fees.[1]
C.
E.
F.
Exemptions. Each person honorably discharged from the United States
armed services, upon furnishing satisfactory proof of service and
discharge and complying with the terms and conditions of this article,
shall be exempt from payment of fee for an operator's license. However,
no fee shall be waived for the purchase of a badge.
A.
General. Taxicab owners' licenses may be renewed from year to year
by the Municipal Clerk after vehicle inspection by the police or other
designee, as determined by the municipality. Taxicab operators' licenses
may be renewed from year to year by the Municipal Clerk.
B.
Form. An application for renewal of a taxicab owner's or operator's
license shall be made upon a form to be furnished by the Municipal
Clerk.
C.
Time for filing. The renewal application shall be filed no later
than May 1 of the year of issue, which requirement may be waived or
the period extended for good cause by the Municipal Clerk.
D.
Failure to file. Failure of an owner or operator to renew a license
will result in the termination of the license upon the expiration
date. The license may be extended, upon written request made to the
Municipal Clerk prior to the expiration date, if good cause is shown
for the failure to make timely renewal application.
E.
Late fees. In the event any holder of an owner's license seeks to renew a license that shall have expired, there shall be an additional fee as provided in § 454-11, License fees.
F.
Extension of license. In the event it is determined that an inspection
of the vehicle will not be completed for the timely renewal of an
owner's license, the Police Inspector or other designee of the municipality
who may perform inspections may authorize the extension of a license
for a fourteen-day period.
A.
General. In addition to carrying out the provisions of this article,
all licensees hereunder shall abide by the following regulations applicable
to the license or licenses held.
B.
Posting of license identification.
(1)
There shall be posted in a conspicuous place, on the inside of each
taxicab, the name and address of the owner and the name, address and
photograph of the operator, together with the license number of the
vehicle and the number of the operator's license. Such identification
shall be provided by the owner in a manner to be approved by the Municipal
Clerk.
(2)
In addition to all other working knowledge of geography, a street
map of Mercer County, which shall be purchased in the Clerk's office,
is required to be kept in all cabs at all times.
C.
Change of address; loss of records. Any change of address of any owner or operator licensed under the provisions of this article must be reported, in writing, to the Municipal Clerk's office within 72 hours of such change. The loss of the license badge or any other book or document required to be kept by any licensed owner or operator must be reported to the Municipal Clerk's office, in writing, within 72 hours of such loss. The Municipal Clerk shall charge any licensee a fee as provided in § 454-11, License fees, to replace any lost badge, book or document.
D.
Record of trips. Each and every licensed operator shall legibly record
on a trip form, kept solely for the purpose of recording, the departure
from the garage or stand, the name and address of the operator thereof,
his/her license number and the license number of the vehicle and the
time of the return to the garage or stand of each such vehicle, locations
of pickup, time of pickup, destination, time destination is reached,
the number of passengers conveyed and the fee charged. All owners
and operators shall keep open for inspection by any police officer
his/her record of trips. Records shall be maintained for a period
of six months. Failure of an operator or owner to produce a record
of trips for the six-month period preceding a police officer's demand
shall constitute a violation of this article. This form shall record
the acceptance and discharge of passengers.
E.
Identification of taxicabs. Each taxicab shall have a dome displaying
the trade name of the company or the word "taxi" affixed to its roof
and shall have the trade name of the taxicab lettered on its exterior.
Each taxicab shall also conspicuously display the medallion certifying
that an annual inspection has been completed next to the painted numbers
assigned by the Municipal Clerk on the front panels and on the left
rear section of the trunk of the taxicab.
F.
Imitation of insignia used by other taxicab. No licensee of any taxicab
shall use thereon or thereabout any imitation of any color scheme,
monogram or insignia previously adopted or used by any other licensee
of a taxicab licensed under the provisions of this article.
G.
Giving false or misleading information to passengers; operators to
use most direct route. No operator of a taxicab shall induce any person
to employ him/her by knowingly misinforming or misleading such person
either as to the time or place of the arrival or departure of any
train, omnibus, boat, aircraft or other means of public transportation
or as to the location of any hotel, airfield, airdome, public place
or private residence or place, nor shall any operator deceive any
person or make any false representation to him/her in respect to the
transportation or prospective transportation of any passenger, or
convey any passenger to any other place or over any other route than
that to which or over which such passenger may have instructed the
operator to go. Unless otherwise ordered, operators shall convey passengers
by the most practical direct routes to their destinations.
H.
Taxicabs, additional passengers. No taxicab operator shall delay
an immediate departure or otherwise accommodate additional passengers
without the express permission of the first passenger to hire the
taxicab.
I.
Riding in operator's compartment. No person other than the licensed
operator of the taxicab, excepting a fare occupying the auxiliary
seat, shall ride or sit in the compartment of a taxicab reserved for
the operator.
J.
Lost or misplaced items; disposition of property left in taxicab.
Every operator of a taxicab shall, immediately after termination of
employment, carefully search the taxicab for any property lost or
left therein and shall, immediately after finding any property, deliver
the property to Police Headquarters.
K.
Response of taxicab service. All taxicab licensees or their representatives
shall answer all calls received for taxi service inside the municipality
limits without unreasonable delay. If such service cannot be rendered
within a reasonable time, they shall notify the prospective passenger
as to how long it will be before the call can be answered and give
the reason.
L.
Insurance identification card. The insurance identification card
shall be posted in a conspicuous place within the vehicle.
M.
Cooperation with law enforcement officers. All licensees under this
article shall cooperate with law enforcement officers in the performance
of their duty. No licensee shall conceal evidence of a crime or voluntarily
aid violators to escape arrest. A licensee shall report immediately
to the police any attempt to use his/her vehicle to commit a crime
or escape from the scene of a crime.
N.
Conduct of operators.
(1)
Licensed operators, while engaged in the operation of a taxicab,
shall behave in a civil and orderly manner and shall not use any indecent,
profane or abusive language.
(2)
Operators shall be clean and neat and shall wear the following items
of dress:
(3)
Operators shall not be under the influence of or impaired by any
intoxicant.
O.
Storage and parking of vehicles. No taxicab shall be stored or parked
on any street of the municipality, other than when the vehicle or
operator is on duty. All off-duty vehicles shall be stored and maintained
in strict accordance with the applicable land use codes of the Code
of the Township of Hamilton.
P.
Operation of vehicles. No operator of a taxicab shall operate his/her
vehicle in a manner to endanger a passenger or any other person.
Q.
Maintenance of vehicles. The owner and operator of a taxicab shall
maintain such vehicle in a safe and clean condition and shall maintain
such vehicle in a good appearance, including proper painting and the
prompt repair of dents.
R.
Accidents; reporting and repair. Every owner of a licensed taxicab
which is involved in an automobile accident shall provide the police
with a copy of the accident report within five working days after
the accident. Any taxicab which has sustained damage to the vehicle,
such as dents, or is in need of painting shall be repaired within
eight weeks after the date of the accident. The police shall inform
the taxicab owner of any and all repairs that are necessary. Any taxicab
owner who fails to comply with the terms of this section shall be
in violation of this article and subject to suspension of his/her
taxicab license.
S.
Inspection of vehicles. The owner and operator of a taxicab shall
permit the police or any law enforcement officer to inspect such vehicle
at any and all times.
T.
Obstruction of vision. No licensee under this article shall display
any advertising on his/her vehicle which obstructs the vision of the
operator, including the operator's vision to the rear.
U.
Taxicab overcharges. No person shall charge or attempt to charge
any taxicab passenger a greater rate of fare than that to which the
operator is entitled under the provisions of this article.
V.
Refusal of service. No taxicab operator licensed by the municipality,
and who is on duty, shall unreasonably refuse to carry any orderly
person applying for a taxicab who agrees and, upon reasonable request,
demonstrates ability to pay the proper rate of fare. A refusal to
carry an orderly passenger shall be presumptively unreasonable where
the refusal is based on the amount of money the operator expects to
receive or is based upon the race, sex, religion or ethnic background
of the passenger.
W.
Age of vehicle. When a taxicab owner or operator first becomes licensed
in the municipality, his/her taxicab shall not be more than 84 months
(seven years). A vehicle owned by a currently licensed operator which
is in excess of 84 months as of the effective date of this article
or a new license with a vehicle in excess of 84 months of age may
obtain a waiver of the eighty-four-month requirement if it otherwise
satisfies all inspection criteria required of vehicles less than 84
months, and thereafter such vehicle in excess of 84 months can receive
a waiver of this requirement based upon the inspection of the vehicle
by the Police Inspector or other authorized inspection designee of
the municipality, who shall find that the vehicle is able to satisfy
all safety, repair, operational and passenger requirements provided
hereunder and otherwise satisfies all requirements provided for vehicles
of less than 84 months.
X.
Receipts. The operator of any taxicab shall, upon demand by any passenger,
render to such passenger a receipt for the amount charged, which shall
contain the name of the owner of the taxicab, the name of the operator,
the date and time of the transaction and the amount of the fare. All
negotiated fares shall be recorded and a receipt issued to the customer.
Y.
Safety equipment. Every taxicab is required to have approved child
safety seats appropriate to the age of the child prior to transporting
the child and is required to have all children secured as defined
in Title 39 of New Jersey Statutes before transporting them from point
of pickup.
A.
General. The enforcement of the provisions of this article shall
be under the control of the Municipal Clerk and the municipal police.
All licenses for vehicles and operators shall be issued by the Municipal
Clerk.
B.
License registry. The Municipal Clerk shall keep a register of the
name of each person owning or operating a vehicle or vehicles licensed
under this article, together with the license number and the description,
make and dimensions of such vehicles, with the date and complete record
of inspections made of them. All applications for licenses shall be
filed by the Municipal Clerk and carefully preserved for reference.
All such records shall be opened to the inspection of the public at
all reasonable times and shall be deemed the official records of the
office of the Municipal Clerk of the municipality.
The governing body of the municipality may designate taxicab
stands within its jurisdiction if and when it shall deem such action
necessary for the convenience of the public, but no designation shall
become effective until the designation has been approved and adopted
by ordinance by the governing body. When a taxicab stand has been
designated, fixed or established, the following regulations shall
apply:
A.
All designated taxicab stands shall be open to all taxicabs for which
an owner's license has been issued under this article.
B.
Only taxicabs in such numbers as shall be set forth on the sign designating
any taxicab stand shall remain at any such stand while waiting for
employment, and taxicabs shall remain in single file.
C.
No operator of a taxicab standing at the head of any line shall refuse
to transport any orderly person applying for a taxicab who agrees
to pay the proper rate of fare; provided, however, that this provision
shall not prevent any prospective passenger from selecting a taxicab
at any stand, whether or not it shall be at the head of the line.
As a taxicab shall leave the line or move forward, the taxicab behind
it shall be moved forward, and the operator of a taxicab seeking a
space at the stand shall approach from the rear of the stand and shall
stop as near as possible to the last taxicab then in line. No taxicab
shall stand at any place in or upon any of the streets or highways
or any other public place within the municipality awaiting employment
for hire excepting at designated taxicab stands.
D.
No taxicab shall stand within 25 feet of the nearest crosswalk or
sideline of a street or intersecting highway, except at alleys, or
within 50 feet of a stop sign, or within 50 feet of the near right-hand
corner of any street upon which any autobus route is established and
approved by the Board of Public Utility Commissioners, or within 20
feet of the driveway entrance to any fire station, or within 10 feet
of any fire hydrant.
E.
No taxicab operator shall stand in front of the entrance to any building
within any prohibited space after his passengers desiring to alight
have done so or stand in the prohibited space waiting for passengers.
F.
No taxicab operator shall, while engaged in employment, engage in
conversation with persons upon any street, highway or public place
except in the course of his/her business or suffer or permit any person
to loiter in or about the taxicab of which he is the operator.
G.
No vehicle other than a licensed taxicab shall stop at any public
taxicab stand except while loading or unloading goods, wares or merchandise
or receiving or discharging passengers.
H.
Each taxicab stand shall be marked with a suitable stanchion, which
shall bear the statement that the stand is a stand reserved for licensees
only and shall designate the number of taxicabs which may occupy the
stand.
I.
All duly licensed taxicabs of the participating municipal areas may
stand at any designated taxi stand in the participating municipalities.
Each participating municipality will designate its own taxi stands
for its own municipality, which shall then be distributed to the respective
clerks of the other participating municipalities for distribution
to its licensees.
A.
General. Any licensee who violates a provision of this article or is in violation of any rule or regulation governing the operation or conduct of any activity licensed hereunder shall be subject to reasonable license disciplinary action, including the imposition of monetary sanctions as provided in § 1-2, Violations; penalties, of the Code of the Township of Hamilton and license suspension and revocation, in addition to such civil or criminal prosecution as may be appropriate. Penalty for a first offense shall be a monetary fine up to $500; penalty for a second offense shall be a monetary fine up to $1,000; and penalty for a third and subsequent violations is a monetary fine up to $2,000.
B.
Notice of revocation hearing. Notice of a hearing for the revocation
of a license or permit shall be given in writing by the Municipal
Clerk. The notice shall specifically set forth the grounds upon which
the proposed revocation is based and the time and place of the hearing.
It shall be served by mailing a copy to the licensee at his/her last
known address by regular mail and certified mail, return receipt requested,
at least five days prior to the date set for the hearing.
C.
Procedure for revocation hearing. Hearings for the revocation of
a license or permit shall be conducted before a panel of municipal
clerks of the participating municipalities or designees thereof. At
the hearing, the licensee shall have the right to appear and be heard,
to be represented by an attorney, to present witnesses in his/her
own behalf, to cross-examine opposing witnesses, and to have a permanent
record made of the proceedings at his/her own expense. The panel of
municipal clerks or designees thereof shall revoke or suspend the
license if it is satisfied by a preponderance of the evidence that
the licensee is guilty of the acts charged. If the license is suspended
or revoked, the licensee may appeal to the governing body of the municipality
in which the offense occurred.
D.
Other powers. Nothing herein contained shall limit the power of the
Municipal Clerk and/or the police to immediately suspend such license
for a period not exceeding 14 days, pending the giving of notice and
holding of hearing, whenever, in the opinion and discretion of the
Municipal Clerk and/or the police, it is necessary. In the event of
temporary suspension, if notice and hearing of alleged violations
or charges are not given and held prior to the expiration of the five-day
period, unless extended by the owner, or operator, the proposed charges
and violations shall be deemed dismissed.
E.
Suspension or revocation of license. Owners' licenses and operators'
licenses issued under this article may be suspended or revoked at
any time. Any suspension shall be noted upon the license suspended,
together with the reason thereof. No operator whose license has been
revoked shall again be licensed as an operator of a taxicab. The Municipal
Clerk shall notify the Chief of Police whenever a license shall be
deemed suspended or revoked.
Any person who shall be aggrieved by any decision shall be entitled
to appeal to the governing body of the municipality in which the offense
occurred within 30 days of the receipt of the decision by filing a
written request for review by the governing body with the Municipal
Clerk within the thirty-day period.
Each participating municipality will require the metering of
its taxicabs in accordance with the standards hereafter upon the enforcement
date of this article.
A.
Each taxicab shall have affixed thereto a taximeter of a size and
design approved by the panel of municipal clerks of the participating
municipal areas. Each taximeter shall be so placed that the dial thereof
shall at all times be within the plain view of all passengers in the
vehicle.
B.
No license for a taxicab shall be issued until the taximeter attached
thereto shall have been inspected and found to be accurate.
C.
No person shall use or permit to be used upon any taxicab a taximeter
which shall be in such a condition as to be more than 5% incorrect
to the prejudice of any passenger.
D.
The face or dial of every taximeter shall be illuminated by a suitable
light, which shall be so arranged as to throw a continuous steady
light thereon from one hour after sunset until one hour before sunrise.
E.
No person shall use or drive for hire or permit to be so used or
driven any taxicab equipped with a taximeter the case of which is
unsealed or the cover or gear of which shall not be intact.
F.
No operator of any taxicab equipped with a taximeter shall, while
carrying any passenger or under employment, display the signal affixed
to the taximeter in such a position as to indicate that he is then
employed at a rate of fare different from that to which he is entitled
under the provisions of this article.
G.
No person shall drive or permit to be driven any taxicab to which
is attached a taximeter which shall not have been duly inspected and
approved.
H.
It shall be the duty of the police to cause all taximeters used in
the municipality to be examined, inspected and sealed at least once
in every period of 12 months; provided, however, that if any complaint
that any taximeter registers improperly or inaccurately shall be made
to the police it shall be the duty of the police to cause the taximeter
complained of to be immediately inspected and examined. If the taximeter
shall be found to be in such condition that it does not properly and
accurately register, indicate or display the time consumed by the
taxicab while in waiting, the distance traveled and the amount of
the fare to be determined and charged therefor, then it shall be unlawful
for the taxicab to be used for the transportation of any passenger
for hire until the taxicab shall be equipped with a taximeter approved
by the police.
I.
Every taximeter shall be tested by running the taxicab to which it
is attached either over a course of a standard mile in length or by
a mechanical test to prove the accuracy of the register thereof. Both
of such tests may be made in the discretion of the police. In order
to determine whether any taximeter correctly registers waiting time,
the taximeter shall be tested by comparing the time recorded thereon
with the actual elapsed time.
J.
It shall be the duty of any person owning, controlling or operating
any taxicab to deliver either the taxicab with the taximeter or the
taximeter detached therefrom to any inspector designated by the police
for the purpose of making any test upon demand.
A.
The maximum charges that may be made or requested by owners and operators of taxicabs who are subject to licensing under this article for transportation of passengers and other services incidental thereto either entirely within the municipality or originating or terminating entirely within the participating municipal areas are set forth in Chapter 215, Fees, of the Township Code.[1]
B.
The rates and the contact information for the cab company shall be
displayed and posted conspicuously in each taxicab on a placard that
shall be permanently affixed to the front passenger dashboard and
either the rear passenger windows or the back of the front passenger
seat.
C.
Any fare originating and terminating inside the participating municipal
area shall be metered. Fares terminating or originating outside the
participating municipal area shall be based on the negotiation of
the parties, which shall be set and agreed to prior to the commencement
of the fare. A receipt shall be issued to the customer for all negotiated
rates.
A.
The following described locations are hereby designated as taxi stands:
|
Stand Number
|
Location
|
Number of Cabs
|
|---|---|---|
|
1
|
West Trenton Railroad Station, subject to the approval of the
Reading Railroad Company
|
1
|
|
2
|
Mercer County Airport, Scotch
|
6
|
|
3
|
Hamilton Train Station, subject to approval by New Jersey Transit
|
4
|
A.
Authority. The authority to license and regulate limousines is set
forth in N.J.S.A. 40:52-1 and N.J.S.A. 48:16-1 et seq.
B.
Scope. This article shall apply to all businesses commonly known
as limousine services which are located in the municipality. Nothing
in this article shall be construed to regulate hotel buses, buses
employed solely in transporting schoolchildren or teachers, autobuses
which are subject to the jurisdiction of the Department of Transportation
or interstate autobuses required by federal or state law to carry
insurance against loss from liability imposed by law on account of
bodily injury or death.
For the purpose of this article, the following words and terms
shall have the meanings given herein:
Any automobile or motor car, commonly called a limousine,
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 Township
and which is hired by charter; for a particular contract; by the day,
hour or other fixed period; 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.
Includes the business of carrying passengers for hire by
limousines.
A.
Limousine operator's license. No person shall operate a limousine
in the municipality unless that person holds a valid limousine operator's
license issued by the Municipal Clerk.
B.
Limousine owner's license. No person owning or leasing a vehicle
shall use or permit that vehicle to be used as a limousine unless
there is a current limousine owner's license in effect for such vehicle.
General. No limousine owner's license shall be granted unless
the applicant meets the requirements set forth in this section.
A.
Citizenship or visa. The applicant must be a citizen of the United
States or a legal resident alien. If the applicant is a partnership,
then each partner must be a citizen of the United States or a legal
resident alien.
B.
Authorization to do business. If the applicant is a corporation,
the corporation must either be incorporated in the State of New Jersey
or authorized to do business in this state.
C.
Convictions. The applicant shall not have been convicted of any crime
and/or disorderly persons offense involving moral turpitude, including,
but not limited to, conviction for possession and/or distribution
of pornography, conviction for possession and/or distribution of controlled
dangerous substances, all elements included under the New Jersey statute
prohibiting prostitution, sexual offenses or physical violence against
persons or property within 10 years next preceding the date of application
for license, unless the police, for good cause shown, shall waive
any disqualification based on such conviction. If the applicant is
a partnership, then no partner may have such record. If the applicant
is a corporation, then neither the corporation nor any officer or
director may have such record.
D.
Prior license revocations. The applicant must have no record of prior
revocation by any jurisdiction of a license related to the limousine
business. If the applicant is a partnership, then no partner may have
such record. If the applicant is a corporation, then neither the corporation
not any officer or director may have such record.
E.
Insurance.
(1)
The applicant must have complied with the provision of N.J.S.A. 48:16-1
et seq., and the acts amendatory thereof or supplemental thereto,
relating to insurance.
(2)
In the event of the cancellation of a licensee's insurance, the license
shall terminate upon the effective date of the cancellation, unless
prior thereto the insurance has been reinstated by withdrawal of the
cancellation or a new policy of insurance is delivered to the Municipal
Clerk for the remainder of the license year.
General. No limousine operator's license shall be granted unless
the applicant meets the requirements set forth in this section.
A.
Age. The applicant must be of the age of 21 years or over and a citizen
of the United State or a legal resident alien.
B.
New Jersey driver's license. The applicant must have a valid driver's
license issued by the State of New Jersey with no suspensions or revocations
of license in any jurisdiction for the preceding two years, except
for suspensions and revocations purely administrative in nature.
C.
Motor vehicle infractions. The applicant may not have been convicted
of reckless driving, driving while intoxicated or under the influence
of drugs, or leaving the scene of an accident within three years of
the application.
D.
Disability or illness. The applicant must have no disability or illness
of any type which poses a significant risk of substantial harm to
the applicant or others if he/she is granted a license to drive a
limousine.
E.
English language. The applicant must be able to speak, read and write
the English language.
F.
Fingerprints. The applicant, at the time of making the initial application,
must have his/her fingerprints taken and filed with the police of
the municipality.
G.
Knowledge of law, regulations and geography of the Township. The
applicant must have a thorough knowledge of the provisions of this
article, the Motor Vehicle Act, the Traffic Act and other ordinances
and regulations having to do with traffic and the geography of the
Township.
A.
Forms. Applications for a limousine owner's license under this article
shall be made by the owner or lessee thereof upon blank forms to be
furnished by the Municipal Clerk. The application shall require the
applicant to provide all of the information necessary to determine
whether the applicant is entitled to an owner's license.
B.
Authorization to do business. If the applicant is a corporation,
that applicant shall provide the Municipal Clerk with proof that the
corporation is either incorporated in the State of New Jersey or authorized
to do business in this state.
C.
Vehicles. Every application shall contain a statement as to whether
the applicant is the owner or lessee of the vehicle sought to be licensed,
the state license plate number of the vehicle, the year, make, model
and manufacturer's (VIN) number and the number of persons it is capable
of carrying.
D.
Affidavit. All applications shall be duly verified by the affidavit
of the individual, partner of the copartnership or an officer of the
corporation seeking the license, as the case may be.
E.
False statement. Any person who shall make a false statement in any
license application or in any record or certificate that he/she is
required to file or maintain 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.
A.
Forms. Applications for limousine operators' licenses under this
article shall be made by the applicant upon blank forms to be furnished
by the Municipal Clerk. The form shall require the applicant to provide
all of the information necessary to determine whether the applicant
is entitled to an operator's license.
B.
Proof of driver's license. The applicant must provide the Municipal
Clerk with proof that he/she holds a valid driver's license issued
by the State of New Jersey.
C.
Photographs. Each applicant for an operator's license shall file
with his/her application three unmounted, unretouched passport-quality
photographs of himself/herself. The photographs shall have been taken
within 30 days preceding the filing of the application. One of the
photographs shall be attached to the operator's license. The remaining
photographs shall be filed with the application by the Municipal Clerk
and with the police. Each licensed operator shall exhibit his/her
license with the photograph attached for inspection. In case an application
for an operator's license is denied, two of the photographs shall
be returned to the applicant.
D.
Convictions. The applicant shall provide the Municipal Clerk with
authorization to review any records of criminal convictions for that
individual or the individual partners.
E.
Affidavit. All applications shall be duly verified by the affidavit
of the applicant seeking the license.
F.
False statement. Any person who shall make a false statement in any
license application or in any record or certificate that he/she is
required to file or maintain shall be subject to rejection of the
application submitted and/or to appropriate disciplinary sanctions,
including the license suspension or revocation, in addition to any
penalty provided under the New Jersey Criminal Code.
A.
Limousine owner's license. The annual fee for a limousine owner's license for the first vehicle and for each subsequent vehicle thereafter shall be as set forth in Chapter 215, Fees, of the Township Code. Any license issued for a particular vehicle may be transferred to a different vehicle upon the payment of a transfer fee as set forth in Chapter 215, Fees.[1]
B.
E.
F.
Exemptions. Each person honorably discharged from the United States
armed services, upon furnishing satisfactory proof of service and
discharge and complying with the terms and conditions of this article,
shall be exempt from payment of the fee for an operator's license.
However, no fee shall be waived for the purchase of a badge.
A.
Maintenance of vehicles. The owner and operator of a limousine shall
maintain such vehicle in a safe and clean condition and shall maintain
such vehicle in a good appearance, including proper painting and the
prompt repair of dents. Every owner of a licensed limousine which
is involved in an automobile accident shall provide the Municipal
Police with a copy of the accident report within five working days
after the accident. Any limousine which has sustained damage to the
vehicle, such as dents, or is in need of painting shall be repaired
within eight weeks after the date of the accident. The Municipal Police
shall inform the limousine owner of any and all repairs that are necessary.
Any limousine owner who fails to comply with the terms of this section
shall be in violation of this article and subject to suspension of
the limousine license.
B.
Inspection of vehicles. The owner and operator of a limousine shall
permit the Municipal Police or any other law enforcement officer to
inspect such vehicle at any and all times.
C.
Inspection of records. The owner and operator of a limousine shall
permit the Municipal Police or any other law enforcement officer to
inspect any records required to be kept by this article at any and
all times.
D.
Limousine fares. No limousine operator or owner shall carry or permit
the carrying of any passenger unless the fare or price has been agreed
upon in advance.
E.
Operation of limousines. Neither the owner nor operator of a limousine
shall:
(1)
Operate the limousine as a taxicab.
(2)
Park or stop the vehicle on any street for the purpose of soliciting
or accepting passengers for hire.
(3)
Drive the vehicle on any street in search of prospective passengers
for hire or for the purpose of soliciting or accepting passengers
for hire.
(4)
Display any sign on or near the vehicle for the purpose of soliciting
passengers for hire.
(5)
Utilize any on-street parking area as a taxi stand or place to solicit
passengers for hire.
A.
General. Limousine owners' licenses may be renewed from year to year
by the Municipal Clerk after vehicle inspection by the police or other
designee, as determined by the municipality. Limousine operators'
license may be renewed from year to year by the Municipal Clerk.
B.
Form. An application for renewal of a limousine owner's or operator's
license shall be made upon a form to be furnished by the Municipal
Clerk.
C.
Time for filing. The renewal application shall be filed no later
than February 1 of the year of issue, which requirement may be waived
or the period extended for good cause by the Municipal Clerk.
D.
Failure to file. Failure of an owner or operator to renew a license
will result in the termination of the license upon the expiration
date. The license may be extended, upon written request made to the
Municipal Clerk prior to the expiration date, if good cause is shown
for the failure to make timely renewal application.
E.
Late fees. In the event any holder of an owner's license seeks to renew a license that shall have expired, there shall be an additional fee as provided in § 454-28, License fees.
F.
Extension of license. In the event it is determined that an inspection
of the vehicle will not be completed for the timely renewal of an
owner's license, the Police Inspector or other designee of the municipality
who may perform inspections may authorize the extension of a license
for a fourteen-day period.
A.
General. In addition to carrying out the provisions of this article,
all licensees hereunder shall abide by the following regulations applicable
to the license or licenses held.
B.
Posting of license identification. There shall be posted in a conspicuous
place on the inside of each limousine the name and address of the
owner and the name, address and photograph of the operator, together
with the license number of the vehicle and the number of the operator's
license. Such identification shall be provided by the owner in a manner
to be approved by the Municipal Clerk.
C.
Change of address; loss of records. Any change of address of any owner or operator licensed under the provisions of this article must be reported, in writing, to the Municipal Clerk's office within 72 hours of such change. The loss of the license badge or any other book or document required to be kept by any licensed owner or operator must be reported to the Municipal Clerk's office, in writing, within 72 hours of such loss. The Municipal Clerk shall charge any licensee a fee as provided in § 454-28, License fees, to replace any lost badge, book or document.
D.
Record of trips. Each and every licensed operator shall legibly record
on a trip form, kept solely for the purpose of recording, the departure
from the garage or stand, the name and address of the operator thereof,
his/her license number and the license number of the vehicle and the
time of the return to the garage or stand of each such vehicle, locations
of pickup, time of pickup, destination, time destination is reached,
the number of passengers conveyed and the fee charged. All owners
and operators shall keep open for inspection by any police officer
his/her record of trips. Records shall be maintained for a period
of six months. Failure of an operator or owner to produce a record
of trips for the six-month period preceding a police officer's demand
shall constitute a violation of this article. This form shall record
the acceptance and discharge of passengers.
E.
Lost or misplaced items; disposition of property left in limousine.
Every operator of a limousine shall, immediately after termination
of employment, carefully search the limousine for any property lost
or left therein and shall, immediately after finding any property,
deliver the property to Police Headquarters.
F.
Insurance identification card. The insurance identification card
shall be posted in a conspicuous place within the vehicle.
G.
Cooperation with law enforcement officers. All licensees under this
article shall cooperate with law enforcement officers in the performance
of their duty. No licensee shall conceal evidence of a crime or voluntarily
aid violators to escape arrest. A licensee shall report immediately
to the police any attempt to use his/her vehicle to commit a crime
or escape from the scene of a crime.
H.
Conduct of operators.
(1)
Licensed operators, while engaged in the operation of a limousine,
shall behave in a civil and orderly manner and shall not use any indecent,
profane or abusive language.
(2)
Operators shall be clean and neat and shall wear the following items
of dress:
(3)
Operators shall not be under the influence of or impaired by any
intoxicant.
I.
Storage and parking of vehicles. No limousine shall be stored or
parked on any street of the municipality, other than when the vehicle
or operator is on duty. All off-duty vehicles shall be stored and
maintained in strict accordance with the applicable land use codes
of the Code of the Township of Hamilton.
J.
Operation of vehicles. No operator of a limousine shall operate his/her
vehicle in a manner to endanger a passenger or any other person.
K.
Obstruction of vision. No licensee under this article shall display
any advertising on his/her vehicle which obstructs the vision of the
operator, including the operator's vision to the rear.
L.
Age of vehicle. When a limousine owner or operator first becomes
licensed in the municipality, his/her limousine shall not be more
than 84 months (seven years). A vehicle owned by a currently licensed
operator which is in excess of 84 months as of the effective date
of this article shall be licensed hereunder if it otherwise satisfies
all inspection criteria required of vehicles less than 84 months,
and thereafter such vehicle in excess of 84 months can receive a waiver
of this requirement based upon the inspection of the vehicle by the
Police Inspector or other authorized inspection designee of the municipality,
who shall find that the vehicle is able to satisfy all safety, repair,
operational and passenger requirements provided hereunder and otherwise
satisfies all requirements provided for vehicles of less than 84 months.
M.
Receipts. The operator of any limousine shall, upon demand by any
passenger, render to such passenger a receipt of the amount charged,
which shall contain the name of the owner of the limousine, the name
of the operator, the date and time of the transaction and the amount
of the fare.
N.
Safety equipment. Every limousine is required to have approved child
safety seats appropriate to the age of the child prior to transporting
the child and is required to have all children secured as defined
in Title 39 of the New Jersey Statutes before transporting them from
point of pickup.
A.
General. The enforcement of the provisions of this article shall
be under the control of the Municipal Clerk and the municipal police.
All licenses for vehicles and operators shall be issued by the Municipal
Clerk.
B.
License registry. The Municipal Clerk shall keep a register of the
name of each person owning or operating a vehicle or vehicles licensed
under this article, together with the license number and the description,
make and dimensions of such vehicles, with the date and complete record
of inspections made of them. All applications for a license shall
be filed by the Municipal Clerk and carefully preserved for reference.
All such records shall be opened to the inspection of the public at
all reasonable times and shall be deemed the official records of the
office of the Municipal Clerk of the municipality.
A.
General. Any licensee who violates a provision of this article or is in violation of any rule or regulation governing the operation or conduct of any activity licensed hereunder shall be subject to reasonable license disciplinary action, including the imposition of monetary sanctions as provided in § 1-2, Violations; penalties, of the Code of the Township of Hamilton and license suspension and revocation, in addition to such civil or criminal prosecution as may be appropriate.
B.
Notice of revocation hearing. Notice of a hearing for the revocation
of a license or permit shall be given in writing by the Municipal
Clerk. The notice shall specifically set forth the grounds upon which
the proposed revocation is based and the time and place of the hearing.
It shall be served by mailing a copy to the licensee at his/her last
known address by regular mail and certified mail, return receipt requested,
at least five days prior to the date set for the hearing.
C.
Procedure for revocation hearing. Hearings for the revocation of
a license or permit shall be conducted before a panel of municipal
clerks of the participating municipalities or designees thereof. At
the hearing, the licensee shall have the right to appear and be heard,
to be represented by an attorney, to present witnesses in his/her
own behalf, to cross-examine opposing witnesses, and to have a permanent
record made of the proceedings at his/her own expense. The panel of
municipal clerks or designees thereof shall revoke or suspend the
license if it is satisfied by a preponderance of the evidence that
the licensee is guilty of the acts charged. If the license is suspended
or revoked, the licensee may appeal to the governing body of the municipality
in which the offense occurred.
D.
Other powers. Nothing herein contained shall limit the power of the
Municipal Clerk and/or the police to immediately suspend such license
for a period not exceeding 14 days, pending the giving of notice and
holding of hearing, whenever in the opinion and discretion of the
Municipal Clerk and/or the police it is necessary. In the event of
temporary suspension, if notice and hearing of alleged violations
or charges are not given and held prior to the expiration of the five-day
period, unless extended by the owner or operator, the proposed charges
and violations shall be deemed dismissed.
E.
Suspension or revocation of license. Owners' licenses and operators'
licenses issued under this article may be suspended or revoked at
any time. Any suspension shall be noted upon the license suspended,
together with the reason thereof. No operator whose license has been
revoked shall again be licensed as an operator of a limousine. The
Municipal Clerk shall notify the Chief of Police whenever a license
shall be deemed suspended or revoked.
Any person who shall be aggrieved by any decision shall be entitled
to appeal to the governing body of the municipality in which the offense
occurred within 30 days of the receipt of the decision by filing a
written request for review by the governing body with the Municipal
Clerk within the thirty-day period.
