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City of Passaic, NJ
Passaic County
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Table of Contents
Table of Contents
Code
New Laws (26) Index
[HISTORY: Adopted by the City Council of the City of Passaic 9-10-2013 by Ord. No. 1949-13.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Limousines — See Ch. 278.
Vehicles and traffic — See Ch. 295.
[1]
Editor's Note: This ordinance also repealed former Ch. 277, Taxicabs, adopted as follows: Art. I, General Provisions, adopted 6-19-1975 by Ord. No. 297-75 as Chapter VII of the Revised General Ordinances of the City of Passaic, 1975, as amended, and Art. II, Protection of Driver, adopted 11-7-1985 by Ord. No. 894-85.
As used in this article, the following terms shall have the meanings indicated:
CRUISING
The driving of a taxicab on the streets, alleys or public places of the City of Passaic in search of or soliciting prospective passengers for hire.
DECAL
A sticker issued by the City of Passaic evidencing licensing of a "for-hire" vehicle.
PUBLIC TAXICAB STAND
A section of a public street or public place set apart for the exclusive use of a limited number of taxicabs, distinctly marked as such by a metal sign attached to a stanchion on the curb or other conspicuous place or by clearly visible marks upon the surface of the street or public place.
RATE CARD
A card issued by the City of Passaic for display in each taxicab which contains the rate in force.
STARTER
A person in charge of queuing taxicabs and waiting patrons and otherwise maintaining order at a taxi stand.
TAXICAB
A motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of four persons and not operated on a fixed route.
TAXICAB LICENSE
An official document of the City of Passaic which permits the holder to operate a taxicab for hire within the City limits, subject to the restrictions found in the City Code and state and federal laws.
TAXICAB LICENSE HOLDER
An individual, partnership or corporation to whom a taxicab license has been issued by the City of Passaic.
TAXICAB OPERATOR'S LICENSE
The official document of the City of Passaic, conferred by the City Council, which grants the individual nontransferable permission to drive a taxicab upon the streets of the City. This term shall not be construed to mean a driver's license issued by the State of New Jersey Motor Vehicle Commission. When used throughout this chapter, the term "operator's license" shall mean the definition as stated herein. The term "driver's license" shall mean a driver's license issued by the State of New Jersey Motor Vehicle Commission.
TAXICAB OPERATOR'S LICENSE HOLDER
An individual to whom a taxicab operator's license has been issued by the City of Passaic.
TRIP SHEET
A daily record prepared by a taxicab driver of all trips made by the driver, showing time and place of origin, destination, number of passengers and the amount of fare of each trip. The trip sheet shall also contain the driver's name and the time he or she reported on and off duty.
WAITING TIME
The time when a taxicab is not in motion following the time of acceptance of a passenger or passengers until the time of discharge, when that time not in motion is the result of the actions or request of the passenger or passengers.
A. 
No person shall operate, or cause to be operated, any vehicle for hire without first having obtained a taxi license and taxi operator's license from the City of Passaic. No person who owns or controls a taxicab or taxi license shall permit the taxicab to be driven, unless the driver of the taxicab shall have first obtained and is currently a holder of a valid taxicab operator's license issued by the City of Passaic under the provisions of this chapter.
B. 
The number of outstanding taxi licenses shall be limited to a total of 35 taxicabs.
[Amended 8-3-2021 by Ord. No. 2307-21]
A. 
Application requirements. An application for a taxicab license shall be filed with the City Clerk upon forms provided by the City of Passaic. The application shall be verified under oath and shall contain the following information:
(1) 
The name, address, date of birth, social security number, telephone number, and motor vehicle operator license number of the applicant;
(2) 
The financial status of the applicant, including any liens or judgments against the applicant, and the nature of any transaction or acts giving rise to any existing liens or judgments;
(3) 
The experience of the applicant in the transportation of passengers;
(4) 
Any facts which the applicant believes tend to prove that a license is warranted;
(5) 
The number of vehicles to be operated or controlled by the applicant, and the location where the vehicles will be primarily garaged;
(6) 
Copies of all leases, mortgages or other material pertaining to the financial or ownership status of the taxicab license and any vehicles covered under the licensed;
(7) 
A criminal history background check form supplied by the City;
(8) 
An applicant shall also submit fingerprint impressions taken by the City of Passaic Police Department, and the applicant shall bear any and all costs for fingerprinting;
(9) 
Such other information as the City may require; and
(10) 
For each requirement listed in Subsection A(1) through (9) of this section, in any case where the taxicab license applicant is a corporate entity, any individual holding a 20% or greater share in the corporate entity will be required to provide his or her personal information in addition to the corporate information in order to satisfy this section.
B. 
The City Clerk is hereby authorized and empowered to establish such rules and regulations governing the issuance of taxicab licenses and taxicab operator's licenses not inconsistent herewith and as may be necessary and reasonable.
A. 
No license shall be issued or continue in operation unless there is in force and effect for each vehicle authorized an insurance policy issued by a company duly licensed to transact business under the insurance laws of this state conditioned for the payment of a sum:
[Amended 1-7-2014 by Ord. No. 1969-13]
(1) 
Not less than $50,000 to satisfy all claims for damages, by reason of the bodily injuries to, or the death of, all persons on account of any such accident, by reason of the ownership, operation, maintenance, or use of such taxicab upon any public street.
(2) 
Not less than $30,000 to satisfy all claims for damages to property of all persons, on account of any such accident, by reason of the ownership, operation, maintenance, or use of such taxicab on any public street.
B. 
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 fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as a result of the ownership, operation, maintenance or use of a taxicab. A list of all covered drivers must be included in the policy.
C. 
In the event that the aforementioned insurance is canceled, the license shall terminate on the date of the cancellation, unless the insurance has been reinstated and a withdrawal of the cancellation or a new policy of insurance has been submitted to the City Clerk within two business days of any change. As a condition of obtaining a City of Passaic taxicab license, the taxicab license holder agrees to provide the City Clerk with the authority to communicate directly with the taxicab license holder's insurance companies.
D. 
The bond or bonds shall be filed with the City Clerk and shall have as surety thereupon a surety company authorized to do such business in the State of New Jersey.
E. 
This section shall not abrogate or relieve a license holder from any duty or requirement of the insurance laws of this state.
[Amended 8-3-2021 by Ord. No. 2307-21]
No taxicab license application shall be considered and no taxicab license shall be issued or renewed unless the applicant or holder thereof has paid the annual fee of $100 for each vehicle operated under a City taxi license. The license fee shall be for the period of January 1 through December 31, of the succeeding year and be in addition to any other license fee or charges established by proper authority and applicable to the holder of the vehicle or vehicles under his operation and control.
A. 
No taxicab license may be transferred, assigned, sold or otherwise encumbered, in whole or in part, without the prior written consent of the City Council.
B. 
No transfer application may be forwarded to the City Council until the transferee has satisfied all other requirements of this chapter, including but not limited to all initial application requirements.
C. 
The holder of a taxicab license may not rent or hire out his or her taxicab or taxicab license to any person for the transportation of passengers for hire unless such agreement is provided to the City Council in writing, signed by both the driver and owner prior to the renting or hiring out commencing.
D. 
The fee for a license transfer shall be $100, payable by the transferee to the City of Passaic. This fee is in addition to any annual taxicab licensing fees applicable to the license. No transfers shall be permitted in the month of December.
[Amended 8-3-2021 by Ord. No. 2307-21]
E. 
No taxicab license shall be renewed or transferred until all outstanding tickets, summonses, judgments and tax liens of the City against the holder(s) are satisfied.
A. 
Before the City Clerk replaces a vehicle and issues a new logo the taxicab license holder must provide the following information:
(1) 
Documentation showing the whereabouts of the old vehicle and the City of Passaic taxi decal in the form of:
(a) 
A bill of sale showing the vehicle was transferred to an owner not associated with the taxicab license; or
(b) 
An insurance estimate showing the vehicle was deemed totaled by the insurance carrier accompanied by the accident report showing the date and circumstances of the accident; or
(c) 
Such other documentation as the City Clerk shall deem necessary to evidence the vehicle is no longer in service and/or under the power and control of the taxicab licensee.
(2) 
A replacement fee of $50 to cover new decals for two doors or $25 to cover a new decal for one door.
No person shall operate a taxicab for hire upon the streets of the City of Passaic without a taxicab operator's license. No person who owns or controls a taxicab license from the City of Passaic shall permit a person without a taxicab operator's license to operate under his or her taxicab license within the City. In the event an operator misplaces his or her operator's license, he or she must:
A. 
Report it to the Passaic Police Department;
B. 
Provide the City Clerk with a copy of the police report and two passport pictures; and
C. 
Pay $25 to the City of Passaic to reimburse the City for its administrative cost to issue a replacement license.
A. 
Every applicant for a taxicab operator's license must meet the following requirements:
(1) 
Be at least 18 years of age and have at least one year of driving experience;
(2) 
Obtain a certificate from a medical doctor licensed in the State of New Jersey which certifies the operator is of sound physique, with good eyesight, not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might cause the applicant to be unfit to safely operate a taxi for hire. Upon renewal application, a certificate shall only be required every even year;
(3) 
Be able to speak, read, and write the English language and have a basic knowledge of Passaic County roadways and landmarks;
(4) 
Possess a valid New Jersey driver's license with not more than eight points (provisional licenses will not be accepted); and
(5) 
Be clean in dress and habits as to be able to provide adequate and appropriate service to the public.
B. 
Every applicant for a taxicab operator's license shall comply with the City of Passaic's rules and regulations in preparing his or her application. Every application for a taxicab operator's license shall contain the following:
(1) 
Name, address, date of birth, social security number, and New Jersey motor vehicle operator's number.
(2) 
The applicant's experience in the transportation of passengers.
(3) 
A record of the applicant's employment history for the previous three years.
(4) 
Proof of residence in the State of New Jersey for a period of at least 90 days.
(5) 
Four photographs of the applicant measuring two inches by two inches of a front view of the applicant's face and shoulders without head covering.
(6) 
A motor vehicle services record abstract indicating a driver's history from the New Jersey Motor Vehicle Commission which shall be no more than 30 days old.
(7) 
Fingerprint impressions taken for the City of Passaic Police Department to conduct state and federal background checks for which the applicant shall bear any and all costs.
(8) 
A certificate from a licensed and practicing physician of the State of New Jersey certifying that the applicant was examined on a certain date not more than 60 days before the filing of the application. The certificate shall state that, in the physician's opinion, the applicant is of sound physique, with good eyesight, not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might cause the applicant to be unfit to safely operate a taxi. Upon renewal application, a certificate shall only be required every odd year.
(9) 
An affidavit of the applicant's good character from two reputable sources who have known the applicant personally and observed the applicant's conduct for a period of not less than one year prior to application.
(10) 
A reference from the applicant's last employer. This requirement may be waived at the option of the City Clerk for good cause.
(11) 
The successful completion of a 5 panel drug and alcohol test administered by a third party to be selected by the City Clerk. The results shall indicate no positive test results for any substance or the application will be summarily denied. The cost of this test shall be at the applicant's sole cost and expense.
(12) 
Authorization to the Police Department of the City of Passaic to obtain a state and federal criminal background check of the applicant.
(13) 
Whether or not the applicant is listed on any national or state sex offender registry.
(14) 
Such other information that the City of Passaic may require.
A. 
The City Clerk, upon receipt of an application for a taxicab operator's license, shall refer same to the Chief of Police for investigation and report, and it shall be the duty of the Chief of Police to make a diligent investigation of the application and report thereon in writing as soon as possible. A report of such investigation and a copy of the police criminal history background check and traffic record of the applicant, if any, shall be attached to the application for consideration.
B. 
Convictions of crimes shall not be considered when considering the application, except that convictions for the following crimes less than 10 years prior to the date of application shall result in summary denial of an application:
(1) 
Driving under the influence of drugs or alcohol; or
(2) 
Any offense involving danger to the person as defined by N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq., or N.J.S.A. 2C:15-1; or
(3) 
Crimes and disorderly persons offense set forth in N.J.S.A. 2C:24-4, N.J.S.A. 2C:24-5, N.J.S.A. 2C:24-7, N.J.S.A. 2C:24-8, N.J.S.A. 2C:24-9, or N.J.S.A. 2C:33-4; or
(4) 
Any crime involving a controlled dangerous substance or controlled substance analog set forth in Chapter 35 of Title 2C of the New Jersey Statutes, except N.J.S.A. 2C:35-10(a)(4); or
(5) 
A conviction for any crime or offense less than 10 years prior to the date of application, in any other state or jurisdiction, the conduct of which, if committed in New Jersey, would constitute any of the crimes or offenses listed in Subsection B(1) through (4) of this section.
Each applicant for an initial taxicab operator's license shall be examined by the City Clerk as to his or her knowledge of the provisions of this chapter, the laws regarding motor vehicles within this state, traffic regulations, and geography of the City. The examination shall require the applicant to demonstrate his or her skills and ability to safely and efficiently operate a taxicab. If the applicant cannot demonstrate his or her abilities satisfactorily, he or she shall be denied a taxicab operator's license. Driver examinations shall be required for renewal applicants at the discretion of the City Clerk.
The City Clerk, upon receipt of the report from the Chief of Police, shall present the application and report to the City Council. The City Council shall consider the report and shall grant or refuse to grant the license. The City Council shall consider the following criteria:
A. 
That the person applying meets all the qualifications of Chapter 277.
B. 
That the location of the taxi stand applied for is not overserviced.
C. 
That the granting of the application shall not create any additional traffic hazard.
D. 
That the application is within the maximum of taxicab licenses as provided in this article.
E. 
That the vehicle to be licensed shall comply fully with the insurance requirements of this article.
F. 
In making the above findings, the Division of Taxi and Limousine Licensing shall take into consideration the character, experience and responsibility of the applicant.
A. 
No taxicab operator's license shall be transferred, assigned or sold to any other person in whole or in part, nor shall the license be defaced, obliterated or mutilated.
B. 
No taxicab operator's license shall be renewed unless all outstanding tickets, summonses, judgments or tax liens of the holder are satisfied in full.
[Amended 8-3-2021 by Ord. No. 2307-21]
A nonrefundable taxicab operator's license application fee of $50 must be paid directly to the City Clerk before any application documents will be distributed or considered. Upon approval by the City Council, the fee for a taxicab operator's license shall be $25.
A. 
It shall be unlawful for a nonlicensed taxicab to pick up or accept a passenger within the City of Passaic for a destination within the City limits.
B. 
Taxicabs licensed in other jurisdictions may discharge passengers at a destination within the City of Passaic, provided that any passenger has been picked up by the taxicab outside the City limits.
C. 
Taxicabs licensed in other jurisdictions shall not cruise within the City limits to seek nonprearranged passengers. Taxicabs, livery cars, and limousines may only pick up a passenger within the City of Passaic to be taken to a place or destination outside the City, provided that the passenger had personally, or through an agent, previously arranged by telephone or other means with the owner or driver of the noncertified taxicab for such a trip to the destination outside the City. Taxicabs not licensed by the City of Passaic shall be specifically prohibited from picking up fares unless they have been prearranged.
D. 
Any person found to be guilty of violating any provisions of § 277-15 shall be subject to a fine of not less than $1,000 and/or 180 days' imprisonment to be determined by the Municipal Court, and notice of the offense shall be sent to the owner of the taxicab license for the first offense; and not less than $1,500 and/or 180 days' imprisonment to be determined by the Municipal Court, and notice of the offense shall be sent to the owner of the taxicab license for the second offense; and not more than $2,000 and/or one year's imprisonment to be determined by the Municipal Court, and notice of the offense shall be sent to the owner of the taxicab license for the third or subsequent offense(s).
A. 
In addition to any summons(es) issued for a violation of this chapter, a license issued under the provisions of this chapter may be revoked or suspended for any of the following reasons:
(1) 
Violation of any of the provisions of this chapter;
(2) 
Discontinued operation for more than 30 days;
(3) 
Violation of any provisions of this Code or of the laws of the United States or of this state which reflect unfavorably on the fitness of the holder to offer public transportation; or
(4) 
Violation of any rule or regulation provided for by this chapter.
B. 
A holder of a license shall be entitled to notice and a hearing before the City Council if requested in writing within five business days after receipt of notice of alleged violations. The license holder shall be entitled to representation by counsel and may present evidence in defense of the charges. The City Clerk's office shall present evidence in support of the charges. At the conclusion of a hearing, the City Council may either revoke or suspend the license, or dismiss the charges. Any appeal of the decision of the City Council shall be made to a court of competent jurisdiction.
C. 
Any notice from the City Clerk shall be deemed sufficient if sent via certified and regular mail to the mailing address furnished by the license holder to the City Clerk pursuant to this chapter. In the event a licensee changes his or her mailing address, it is the licensee's responsibility to notify the City Clerk.
D. 
Unless otherwise provided for within this chapter, a violation of a provision of this chapter shall be punishable as follows:
(1) 
For a first offense, a minimum fine of $250 upon the driver with a maximum fine of $500, and notice of the offense shall be sent to the owner of the taxicab license.
(2) 
For a second offense, a minimum fine of $500 with a maximum fine of $750 upon the driver, and/or suspension of the driver's taxicab operator's license, and a minimum fine of $250 with a maximum fine of $500 upon the owner of the taxicab license.
(3) 
For a third offense, a minimum fine of $750 with a maximum fine of $1,000 upon the driver, and a mandatory suspension of the taxicab operator's license for 30 days, with the option to revoke the driver's taxicab operator's license, and a minimum fine of $500 with a maximum fine of $750 upon the owner of the taxicab license and/or suspension of the taxicab license.
(4) 
For a fourth offense, a minimum fine of $1,000 with a maximum fine of $2,000 and mandatory revocation of the driver's taxicab operator's license for a period of not less than five years, and a minimum fine of $750 with a maximum fine of $1,000 upon the owner of the taxicab license and mandatory permanent revocation of the taxicab license.
Every taxicab driver licensed under this chapter shall post his or her taxicab operator's license in a glass or plastic enclosed bracket within eye level of seated rear passengers and in a manner as to be readily identifiable and legible. A passenger and/or potential passenger has a right to view the driver's license at any time upon verbal request.
A. 
Prior to the initial use and operation of any vehicle as a taxicab under this chapter, and once a year thereafter, the vehicle shall be thoroughly examined and inspected by an inspector of the City of Passaic. Licenses shall be denied unless the inspector finds that the taxicab complies with such reasonable rules and regulations as may be prescribed by the City Clerk. These rules and regulations shall be promulgated to insure the provision of safe transportation and shall specify such safety equipment and regulatory devices as the City Clerk deems necessary.
B. 
When a vehicle has met the standards established by the City Clerk, the City Clerk shall issue an inspection license to that effect. The inspection license shall be conspicuously displayed in each taxicab as to be readily seen by the passenger.
C. 
Every vehicle operating under this chapter shall be kept in a clean and sanitary condition according to the rules and regulations promulgated by the City Clerk, including but not limited to:
(1) 
The exterior of every vehicle operating under this chapter shall be kept in safe and clean conditions.
(2) 
Every vehicle operating under this chapter shall be free from dents, missing parts and other exterior damage or wear which creates an unsightly appearance.
(3) 
Every vehicle operating under this chapter shall have interior and upholstery which is kept safe and clean and free from broken, missing or worn parts.
(4) 
Every taxicab shall be equipped with interior light of sufficient candlepower to illuminate its interior after sundown. In no case shall the bulb be less than six candlepower.
(5) 
Vehicles used as taxicabs need not be new, but they shall be required to pass inspection by the New Jersey State Motor Vehicle Commission and shall also be required to pass an annual inspection by the City Clerk.
(6) 
Replacement vehicles used as taxicabs shall be of a four-door model.
(7) 
Effective August 1, 2021, all vehicles used as taxicabs must not be more than 10 years old.
[Amended 8-3-2021 by Ord. No. 2307-21]
A. 
The color scheme of taxicabs shall be at the sound discretion of the City Clerk. The City Clerk may adopt a uniform color scheme for all taxis licensed by the City of Passaic.
B. 
Insignia or monogram.
(1) 
For identification purposes, the insignia or monogram of a taxicab shall be assigned by the City Clerk to ensure adequate differentiation among separate taxicab operators. Each taxicab shall bear upon its doors:
(a) 
The City of Passaic taxicab logo with assigned number prominently displayed in the middle of both the driver's front door and passenger's front door;
(b) 
The rates of fare, as set forth on the rate card, in letters not less than one inch nor more than two inches in height, in contrasting color on both sides of the rear doors.
(2) 
The City of Passaic taxicab logo with assigned number cannot be duplicated without the City Clerk's consent. Any person found to be guilty of violating any provisions of this section shall be punishable to a minimum fine of $1,000 and/or 90 days' imprisonment to be determined by the Municipal Court.
C. 
No vehicle covered by this chapter shall be licensed whose identifying design, monogram, or insignia shall, in the opinion of the City Clerk, conflict with or imitate any other vehicle or vehicles already licensed and operating under the provisions of this chapter in such a manner as to be misleading or tend to deceive or defraud the public.
D. 
The company's business name with the company's telephone number shall appear in a conspicuous area of the taxi vehicle in lettering not less than six inches in height and in a contrasting color.
E. 
All taxicabs licensed under this chapter shall contain video cameras inside the vehicle which are capable of recording both the driver and passenger(s). All taxicab license holders shall retain copies of such recordings for a period of 30 days and shall supply copies to the Passaic Police Department or City Clerk upon demand for same.
F. 
If, after a license has been issued for a taxicab, any of the provisions of this section are violated, the City Council shall suspend and/or revoke the license of such taxi or taxicabs in accordance with the provisions of this chapter.
[Amended 8-3-2021 by Ord. No. 2307-21]
The maximum rates of fare allowable for taxicabs licensed by the City of Passaic shall be as follows: The prices that may be charged by the owners or drivers of automobiles, taxicabs or other motor vehicles for the transportation of passengers for hire shall not exceed the following rates: Where a flat rate cab is used, the fare shall be, for every trip a driver makes from or to any railway station or other point in the City of Passaic, the sum of $8 for one or two passengers; provided, however, that if the driver carries more than two passengers at the same time to the same point or within one block of such point, the driver shall receive the sum of $0.50 for each additional passenger; the driver in no instance receiving less than $8 for any trip.
The driver of a taxicab shall, upon request by the passenger, provide him or her a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, driver's name, license number of the taxicab, date and the amount paid for fare. Only one receipt per fare shall be provided.
No person shall refuse to pay the legal fare of any taxicab or vehicle mentioned in this chapter after having hired same. No person shall hire any such taxicab or vehicle with intent to defraud the person from whom it was hired of the value of such service.
A. 
No driver shall solicit passengers for a taxicab except when sitting in the driver's seat of such taxicab or while standing immediately adjacent to the curbside thereof. The driver of any such taxicab shall remain in the driver's compartment or immediately adjacent to his vehicle at all times when such vehicle is upon the public street.
B. 
No driver shall solicit patronage in a loud or annoying tone of voice, by sign, voice amplification device or in any manner so as to annoy any person, obstruct the movement of any person, or follow any person for the purpose of soliciting patronage. No driver, starter, assistant, or associate shall induce any prospective passenger to employ him by misinforming or misleading any such prospective passenger as to the location of any hotel, public place or private residence within the City or as to the distance between any two points, nor shall any driver, starter, assistant, or associate deceive any prospective passenger or make any false or misleading representations to him or her or convey any passenger to any place or over any route other than that which such passenger has instructed the driver to go.
C. 
Drivers of taxicabs shall not receive or discharge passengers in the roadways, but shall pull up to the right-hand sidewalk as nearly as possible. In the absence of a sidewalk, the driver should pull over to the extreme right-hand side of the road and there receive and discharge passengers, except upon one-way streets, where passengers may be discharged on either the right- or left-hand sidewalk or side of the road in the absence of a sidewalk.
D. 
No person, other than the licensed driver or a person with a disability, shall ride or sit in the front seat unless the rear seat is fully occupied by passengers or passenger luggage. No driver shall permit any other person to occupy or ride in the taxicab, other than the person or persons employing the taxicab. The practice of sharing of taxicabs, whereby the driver is paid more than one fare for the same travel or portion thereof, shall be permitted only with the first passenger's consent and charged pursuant to § 277-20. Any violation of this subsection shall subject the driver to an immediate five-day suspension as well as those penalties provided for by this Code.
E. 
No driver shall permit more than six persons to be carried in his or her taxicab as passengers. However, no vehicle shall exceed the maximum vehicle occupancy limit set by the State of New Jersey. Upon written application to the City Clerk requesting an inspection of a particular vehicle, the City Clerk may rate particular vehicles, or classes of vehicles, at a higher occupancy level. Children under seven years of age seated in the lap of an adult passenger in the rear of the vehicle shall not be counted as a passenger.
F. 
No driver shall refuse or neglect to convey any orderly person or persons upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so. Any such refusal or neglect shall be punishable by a license suspension for a period not to exceed five days, as well as those penalties provided for by this Code.
G. 
Drivers shall not:
(1) 
Allow the consumption of any alcoholic beverages in their vehicle;
(2) 
Engage in the selling of intoxicating liquors or drugs;
(3) 
Solicit patronage for any house of ill repute; or
(4) 
Use vehicles for any purpose other than the transportation of passengers.
H. 
Taxicabs, upon discharging their passengers, shall either return to the taxi stand assigned to that particular taxicab or shall be permitted to cruise in search of passengers. No taxicab shall remain parked at any place within the City of Passaic except at a taxi stand assigned to it or unless it is waiting for a passenger. No taxicab shall be parked at any place other than its taxi stand awaiting a call from its dispatcher or other person for a new assignment.
I. 
Cruising shall be allowed so long as it is conducted within the following criteria:
(1) 
The pickup or discharge of passengers may not cause a dangerous traffic situation, nor may it cause a disruption or stoppage in traffic flow.
(2) 
Cruising shall not be allowed within 500 feet of a taxi stand. Cruising is prohibited within 50 feet of a bus stop, unless hailed by a prospective passenger.
(3) 
Cruising shall at all times remain at the discretion of the City Clerk, who may regulate, modify, or abolish the practice.
(4) 
This subsection shall not be construed as to allow any practice otherwise prohibited by this chapter or any law or regulation of this state or of the United States.
A. 
Taxi stands shall be designated pursuant to the provisions of Subtitle 1 of Title 39 of the Revised Statutes of the State of New Jersey and listed in Chapter 295, Part 7, Article XVIII, of the City Code.
B. 
No taxicab, while waiting for employment by passengers, shall stand on any public street or space other than established as a taxi stand and listed in Chapter 295 of this Code. This section shall not preclude a taxicab from being legally parked in the City when not engaged in waiting for employment by passengers.
C. 
A schedule of established taxicab stands is included in Chapter 295, Vehicles and Traffic, of this Code.
D. 
No taxicab, while waiting for employment by passengers, shall stand on any public street or space other than that established as a taxicab stand in accordance with Chapter 295 and designated as the stand for such taxicab by the City Council.
All persons engaged in the taxicab business in the City of Passaic operating under provisions of this chapter shall render an overall acceptable service to the public desiring to use taxicabs. They shall answer all calls received by them for service inside the City of Passaic as soon as practical, and if the service cannot be rendered within a reasonable time, they shall notify the prospective passenger how long it will be before the call can be answered and give the reason thereof. Any holder who shall refuse to accept a call anywhere in the City of Passaic at any time when such holder has available taxicabs on duty, or who shall fail or refuse to give overall acceptable service, shall be deemed a violator of this chapter. The license granted to such holder shall be revoked at the discretion of the City Council after notice of charges and hearing.
Every taxicab driver shall maintain a daily trip sheet upon which is recorded all trips made each day, showing time and place of origin, destination of each trip, amount of fare, name of driver, and the times he or she reported on and off duty. All such completed trip sheets shall be returned to the owner of the taxicab by the driver at the conclusion of his tour of duty. The form of each trip sheet shall be furnished to the driver by the owner and shall be of a character approved by the City Clerk. Copies of all daily trip sheets for each vehicle shall be maintained in an accessible format by the owner for a period of at least one license year.
A. 
Every license holder shall keep accurate records of receipts from operation, operating and other expenses, capital expenditures and other such operating information as may be required by the City Clerk. Every holder shall maintain the records containing such information accessible for examination by the City Clerk.
B. 
All accidents arising from or in connection with the operation of taxicabs which result in death or injury to any person or in damage to any vehicle, or to any property in an amount exceeding $500, shall be reported to the City Clerk within 48 hours from the time of occurrence in a form to be furnished by the City Clerk. Copies of any police report filed or prepared as a result of the accident must also be provided to the City Clerk within 48 hours. Such reports are to be used by the City Clerk in developing useful information in the prevention of transportation accidents.
C. 
All license holders shall file with the City Clerk copies of all contracts, agreements, arrangements, memorandums or other writing, relating to the furnishing of taxicab service to any hotel, theater, hall, public resort, railway station or other place of public gathering, indicating whether such agreement is made with any corporation, firm or association with which the holder may be interested or connected. Failure to file such copies within seven days shall be sufficient cause for the revocation of a license of any offending holder or the cancellation of any taxi stand privilege.
D. 
Whenever a taxicab registered to a City of Passaic taxicab license is out of service for five or more days, the taxicab license holder shall report the same in writing to the City Clerk with the reason therefor, the date of decommission, and the expected date of return. Prior to returning the taxicab to service, the taxicab license holder shall provide the City Clerk with a written letter from a mechanic, on the mechanic's official letterhead, stating the vehicle is safe for operation as a taxicab and the date the vehicle may return to operation.
E. 
Whenever the registration and/or license plates for a taxicab licensed by the City of Passaic shall change, the taxicab license holder shall provide the City of Passaic with written verification, from the State of New Jersey Department of Motor Vehicle Commission, indicating the change of license plate and/or change of registration for the vehicle prior to use of the vehicle under the City of Passaic taxicab license.
A. 
Subject to the provision of this chapter and the rules and regulations of the City Clerk, taxicabs may display advertising on or above the rear bumper and/or rooftop of the cab, provided that such advertising is properly framed and does not obstruct rear vision.
B. 
Taxicab companies not properly licensed to provide taxi service within the City of Passaic shall not cause to be displayed any type of placard, poster, sign, sticker or card advertising its transportation services in public telephone booths, taverns, restaurants or other public places in this City.
A. 
The City Clerk is hereby given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this chapter. Upon discovering a violation of this chapter, the City Clerk shall file a complaint with the Municipal Court and take any other action consistent with this chapter.
B. 
A vehicle owner who has been issued a taxi license shall be responsible for having said vehicle inspected at a State of New Jersey inspection station pursuant to the laws of this state. Authorized personnel of the City of Passaic may conduct on-street inspections of such vehicles. The inspector may order the vehicle owner to repair or take the vehicle out of service until such vehicle is repaired.
Subject to required licensing and approval by appropriate authorities, including the City Clerk, owners may use radios to dispatch taxicabs.
Unless otherwise specified herein, any person violating any provision of this chapter shall, upon conviction thereof before the Municipal Court, be subject to a fine not exceeding $1,000 or to imprisonment for a period not exceeding one year, or both, the amount of such fine and imprisonment subject to the above limitation, to be determined by the sound discretion of the Municipal Judge. In addition to the aforementioned penalties, and as provided for herein, violations of this chapter may subject the license to suspension or revocation as provided for herein.
Any ordinances adopted concerning taxicabs and taxicab drivers previously adopted by the City of Passaic are hereby specifically repealed.
Should any part of this chapter be declared invalid, all other parts shall remain in full force and effect.
No taxicab shall operate hereafter upon the streets of the City of Passaic without first installing, for the safety of the taxicab drivers, a plate glass, plexiglass, heavy plastic or other comparable transparent material from the floor of the cab to the interior of the roof thereof.
The purpose of the requirement in § 277-34 is to protect the driver.