[HISTORY: Adopted by the City Council of the City of Passaic 9-10-2013 by Ord. No.
1950-13.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
278, Limousines, adopted 2-20-1992 by Ord. No. 1163-92, as amended.
All of the provisions contained in Chapter 277, Taxicabs, of the Code of the City of Passaic are applicable to this Chapter 278, Limousines, except as the provisions contained in this Chapter 278 are inconsistent with Chapter 277. This chapter is intended to license and regulate limousines and limousine businesses which have their principal place of business within the City of Passaic. It is not intended to license and/or regulate limousines and/or limousine businesses which do not have their principal place of business within the City of Passaic.
The following words and phrases when used in this chapter have
the meanings as set out herein:
The driving of any limousine vehicle on the streets, alleyways
or other public places of the City in search of or soliciting prospective
passengers for hire.
Any person holding a valid current driver's license
equivalent to a New Jersey commercial driver's license Class
D or above, as required by the State of New Jersey Motor Vehicle Commission.
Any automobile or motor car which is issued special registration
plates bearing the word "limousine" pursuant to Section 12 of P.L.
1979, c. 224 (N.J.S.A. 39:3-19.5) and is engaged in the business of
carrying passengers for hire to provide prearranged passenger transportation
at a premium fare on a dedicated, nonscheduled, charter basis that
is not conducted on a regular route and with a seating capacity in
no event of more than 14 passengers, not including the driver, provided
that such a motor vehicle shall not have a seating capacity in excess
of four passengers, not including the driver, beyond the maximum passenger
seating capacity of the vehicle, not including the driver, at the
time of manufacture. A limousine shall not include a vehicle owned
and operated directly or indirectly by a business engaged in the practice
of mortuary science when that vehicle is used exclusively for providing
transportation related to the provision of funeral services.
To sell, transfer or in any other manner dispose of a limousine
license. Where the license is in the name of a corporation or other
legal entity, any change in ownership or control of the corporate
entity holding the license shall constitute a "transfer" of the license
held in the name of said corporation or other legal entity. The Division
of Taxi and Limousine Licensing shall determine what constitutes a
change in control.
A.
In order to ensure the safety of the public, it shall be unlawful
for the holder to operate or cause to permit a limousine vehicle to
be operated, nor shall any license be issued hereunder, until and
unless the applicant shall have complied with the provisions of N.J.S.A.
48:16-13 to 48:16-22.7 and the acts amendatory or supplemental thereto,
which includes, but is not limited to, the purchase of an insurance
policy from a company duly licensed to transact business under the
insurance laws of this state in the sum of $1,500,000 against loss
by reason of the liability imposed by law upon every limousine owner
for damages on account of bodily injury or death suffered by any person
as a result of an accident occurring by reason of ownership, maintenance
or use of the limousine vehicle.
B.
The limousine owner shall furnish the City Clerk with evidence of
compliance with this section and that the premium for the full period
of the licensing year has been paid. Each policy shall contain an
endorsement providing for 30 days' written notice from the insurance
company to the City of Passaic in the event of any change in the policy
or cancellation of the policy. Each limousine license shall become
effective and operation thereunder shall be permitted only so long
as the insurance policy shall remain in force to the full and collectible
amounts specified herein.
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 license,
the license holder agrees to provide the City Clerk with the authority
to communicate directly with the taxicab license holder's insurance
companies.
D.
The applicant shall execute and deliver to the Division of Motor
Vehicles, concurrently with the filing of a policy of insurance set
forth herein, a power of attorney wherein the owner shall appoint
the Director of the Division of Motor Vehicles 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 filed.
A.
No person shall operate or cause to permit a limousine vehicle to
be operated without first obtaining a limousine license from the City
of Passaic in accordance with N.J.S.A. 48:16-17.
B.
No limousine license shall be issued or renewed unless the holder
thereof has paid the annual license fee of $50. The fee for any amendment
to such license or for the replacement of any license that is lost,
damaged or stolen shall be $25.
C.
Each limousine licensed by the City of Passaic shall be required
to pay an annual administrative fee of $250 to cover administrative
costs, including, but not limited to, City vehicle inspections and
limousine law enforcement.
D.
Each person issued a limousine license by the City of Passaic shall,
as a condition to continue maintenance of such license, submit each
of his limousine vehicles for a full mechanical and vehicle inspection
once a year during the one-year period of his license pursuant to
a schedule established by the City of Passaic. Such inspection shall
be conducted by an inspector of the City of Passaic and/or New Jersey
Motor Vehicle Commission. In the event that City inspectors report
that any vehicle is in need of repair, the licensee shall repair the
same within 30 days of the inspection and shall resubmit the vehicle
for reinspection, plus submit a written report or invoice specifying
the services performed and parts furnished to correct the condition
noted in the prior inspection report. The term "in need of repair"
shall include, but is not limited to, the following:
(1)
That the glass (windows and/or windshield) is cracked, chipped or
scratched or that the glass in the mirrors is cracked;
(2)
That the horn does not function properly so as to produce a sound
audible for 200 feet;
(3)
That the emergency brake does not hold the vehicle when parked on
a grade;
(4)
That the foot brake does not hold the vehicle when parked on a grade
and that it does not have sufficient reserve pedal;
(5)
That the headlights, taillights, stoplights and directional lights
do not turn on and off when operated by the control in the vehicle
or are otherwise broken or defective;
(6)
That the windshield wipers do not rotate back and forth with sufficient
pressure when turned on and do not stop when turned off by the control
in the vehicle;
(7)
That the tires have damage, ply separation, breaks or cuts and do
not have at least 2/32 inch of tire tread;
(8)
That a defroster does not function properly so as to produce a temperature
in excess of 50° F.; or
(9)
That any door for entering into or out of the vehicle is damaged
to the extent that it does not fully swing for convenient passenger
ingress or egress.
A.
A limousine shall be the color black, and all vehicles used as a
limousine shall be of a four-door model. Effective the January 1,
2014, all vehicles used as taxicabs must not be more than four years
old. Upon written request, City of Passaic may permit a vehicle smaller
than a four-door model or more than four years old to be licensed.
Such a request shall only be granted where the vehicle is a classic,
antique, vintage or otherwise unusual and rare automobile. Furthermore,
such requests shall only be granted where the vehicle in question
is capable of safely performing the tasks for which it is licensed.
Any limousine which had been licensed and in service prior to that
date in excess of four years shall be replaced as follows:
|
Number of License(s)
|
Converted By
| |
|---|---|---|
|
1
|
January 1, 2018
| |
|
2
|
Limo 1: January 1, 2017
| |
|
Limo 2: January 1, 2018
| ||
|
3
|
Limo 1: January 1, 2016
| |
|
Limo 2: January 1, 2017
| ||
|
Limo 3: January 1, 2018
| ||
|
4
|
Limo 1: January 1, 2015
| |
|
Limo 2: January 1, 2016
| ||
|
Limo 3: January 1, 2017
| ||
|
Limo 4: January 1, 2018
| ||
|
5
|
Limo 1: January 1, 2014
| |
|
Limo 2: January 1, 2015
| ||
|
Limo 3: January 1, 2016
| ||
|
Limo 4: January 1, 2017
| ||
|
Limo 5: January 1, 2018
|
B.
No limousine shall be operated on the highways of this state if it
is "in need or repair" or if the limousine is not equipped in accordance
with the minimum standards established by the City of Passaic as follows:
(1)
Two-way communication system, which at a minimum shall provide for
communication to a person outside the vehicle for a distance of not
less than 100 miles and which equipment may be satisfied by a mobile
telephone;
(2)
A removable first aid kit and an operable fire extinguisher, which
shall be placed in an accessible place within the vehicle; and
(3)
A side board attached to the permanent body construction of the vehicle
if the height of the vehicle is 10 inches or more above the ground.
C.
Every vehicle operating under this chapter shall be periodically
inspected, at such intervals as the City Clerk may direct, to ensure
the continued maintenance of safe operating conditions.
D.
Every vehicle operating under this chapter shall be kept in a clean
and sanitary condition in accordance with the rules and regulations
promulgated by the City Clerk.
E.
Any vehicle on the streets of the City of Passaic in violation of
this section may be removed from the streets by the Passaic Police
Department. If the vehicle is not returned to service in accordance
with the provisions of this section within 90 days, the City Clerk
may, after notice and a hearing, suspend or revoke the limousine license.
Any license for a vehicle leased, rented or held under any similar
legal arrangement may be licensed as a limousine, subject to the following
conditions:
A.
The vehicle, owner, and lessee must meet all the terms of this chapter.
B.
The lease rental agreement or legal documents evidencing the arrangement
under which the vehicle is held must be submitted to the City Clerk
prior to a license being issued.
C.
The vehicle must be held under the exclusive control of the lessee
for the entire lease period, which must be at least as long as the
license period. There shall be no sharing of vehicles between partnerships,
corporations, organizations, associations or any combination thereof
during the period of a license. Any such sharing will immediately
void the license granted for that vehicle.
A.
In addition to the requirements of N.J.S.A. 48:16-17, application
for a license shall be filed with the City Clerk upon forms provided
by the City of Passaic, and said application shall be verified under
oath and shall furnish the following information:
(1)
The name and address of the applicant; where the applicant is not
a natural person, the name and address of all owners or participants
in the ownership of the legal entity and all officers, directors or
others of like position whatever their title.
(2)
The year, type and model of the vehicle for which the license is
desired.
(3)
The number of persons the vehicle is capable of carrying.
(4)
Such further information as the City Clerk may require.
B.
The annual application for renewal of limousine licenses and limousine
operator's licenses shall be filed not later than 30 days prior
to the expiration date. Late filing of applications shall be subject
to a late filing fee of $50.
C.
The City Clerk, upon receipt of an application for a limousine license,
shall refer the 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.
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. If the City Council finds that the applicant
applying meets all the qualifications of this article and is fit,
willing and able to perform such public transportation in accordance
with the provisions of this chapter, the City Clerk shall issue a
license stating the name and address of the applicant, the date of
issuance and the year, type and model of the vehicle; otherwise, the
application shall be denied. In making the above findings, the City
Council shall take into consideration the character, experience and
responsibility of the applicant.
A.
If the Council shall grant the license to the applicant upon payment
of the license fee set in this chapter, the City Clerk shall issue
a license, in duplicate, showing that the owner of the limousine has
complied with the terms and provisions of this chapter. The license
shall recite the name of the insurance company, the policy number
and date of the expiration of the policy, a description of every limousine
insured thereunder and the registration number of the same. A duplicate
license shall be filed with the Division of Motor Vehicles before
any such car is registered as a limousine.
B.
The original license shall be retained within the limousine and shall
be available for inspection by any police officer in the state. In
lieu of the recital of the insurance information required on the license
pursuant to this section, the owner of the limousine may affix to
the original license retained within the limousine a notarized letter
from an insurance company containing the same information required
in the recital, which shall constitute proof of insurance coverage
and shall also be available for inspection by police officers of the
state.
C.
Every holder of a limousine license shall be responsible for the
operation of the vehicle for which the license has been granted regardless
of the legal relationship between such holder and the driver of said
vehicle.
A.
The number of licenses for limousines outstanding at any time shall
not exceed 20.
B.
No limousine license may be sold, assigned or otherwise transferred
without the prior written consent of the City Council. No limousine
license shall be mortgaged, pledged or otherwise transferred to secure
a debt, loan, advance or other financial transaction.
C.
A limousine license holder shall at no time drive a limousine licensed
by a different limousine license holder. Such conduct shall result
in both limousine licenses being suspended or, after a hearing, revoked.
It shall be unlawful for any person licensed under the provisions
of this chapter to voluntarily permit any other person to drive or
operate a limousine under such license.
A.
Licenses issued under the provisions of this chapter may, after a
hearing before the City Council, be suspended or revoked by the City
of Passaic if the holder thereof has:
(1)
Violated any of the provisions of this chapter;
(2)
Violated any ordinance of the City of Passaic or the laws of New
Jersey, the violation of which reflects unfavorably on the character
or fitness of the holder to offer public transportation; or
(3)
Discontinued operation of a limousine license for more than 30 days.
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 of Passaic 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.
No limousine shall park in any residential area of this municipality
except when waiting to pick up or discharge a passenger.
A.
No person shall operate a limousine for hire upon the streets of
the City of Passaic and no person who owns or controls a limousine
shall permit it to be so driven and no limousine licensed by the City
of Passaic shall be so driven at any time for hire unless the driver
of said limousine shall have first obtained and shall have then in
force the limousine operator's license under the provisions of
this chapter.
B.
Every person applying for a limousine operator's license must
furnish satisfactory evidence that he may receive a limousine license
under the New Jersey State Motor Vehicle Law.
C.
Each applicant for a limousine operator's license under the
terms of this chapter must be of the age of 21 years or over.
A.
An application for an operator's license shall be filed with
the City Clerk on forms provided by the City of Passaic. Any documentation
submitted in support of an application shall be original documents
or legible certified copies of same. The application shall contain
the following:
(1)
The full name and address of the applicant;
(2)
Places of residence for the preceding five years;
(3)
Age, height and color of eyes and hair;
(4)
Place of birth and whether married or single;
(5)
Previous employment and whether he has ever been convicted of a high
misdemeanor, misdemeanor, violation of the Disorderly Persons Act
or a violation of this chapter;
(6)
Whether a driver's license, issued by any state or political
subdivision thereof, ever held by him has been suspended or revoked
and for what cause;
(7)
The successful completion of a 5 panel drug and alcohol test administered
by a third party selected by the City of Passaic, which results shall
indicate no positive test results for any controlled dangerous substance
or alcohol. The cost of this test shall be at the applicant's
expense;
(8)
A motor vehicle services record abstract indicating a driver's
history from the state where the applicant's driver's license
is held which shall be no more than 30 days old; and
(9)
Whether or not applicant is listed on any national or state sex offender
registry.
(10)
An original or sealed copy of the certification letter from
the Chief Administrator of the New Jersey Motor Vehicle Commission,
pursuant to N.J.S.A. 48:16-22.3a, which shall state that the applicant
has been approved by the State of New Jersey Motor Vehicle Commission
to operate a limousine within the state limits.
B.
The applicant shall furnish four passport-type photographs of himself
taken within 30 days of the application, front view, two inches by
two inches in size.
C.
Each application must be accompanied by a certificate from a licensed
and practicing physician of the State of New Jersey, certifying that
the applicant has been examined on a certain date and that, in his
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 make him unfit for the safe operation
of a limousine or livery vehicle. The examination shall be within
30 days prior to the filing of the application. At the time the application
is filed, the applicant shall pay to the City Clerk the sum of $25.
D.
The annual application for renewal of limousine operator's licenses
shall be filed not later than 30 days prior to the expiration date.
Late filing of applications shall be subject to a late filing fee
of $25.
A.
All applicants for limousine operator's licenses shall comply
with N.J.S.A. 48:16-22.3a. The City Clerk shall not approve any application
for a limousine operator's license until the individual applicant
has supplied the City Clerk with an original or sealed copy of the
certification letter from the Chief Administrator of the New Jersey
Motor Vehicle Commission, which shall state that the applicant has
been approved by the New Jersey Motor Vehicle Commission to operate
a limousine within the state limits. The Division shall summarily
deny a limousine operator's license to any applicant who obtains
a disqualification letter from the Chief Administrator of the New
Jersey Motor Vehicle Commission.
B.
The applicant shall be fingerprinted, and a criminal history record
background check shall be required.
The City Clerk, upon consideration of the application and the
reports and certificate required to be attached thereto, shall approve
or reject the application. If the application is rejected, the applicant
may request a hearing before the City Council to offer evidence why
his application should be reconsidered.
A.
Upon approval of the application for an operator's license by
the City Clerk, the City Clerk shall issue a license to the applicant
which shall bear the name, signature and photograph of the applicant.
B.
The fee for such license shall be $75, and the license for every
year thereafter shall be issued upon payment of $75. The fee for any
amendment to such license or for the replacement of any license that
is lost, damaged or stolen shall be $50.
C.
The license shall also contain the City license number and a notice
that, in case of any complaint, the City Clerk shall be notified of
the license number of the driver. The license shall bear the signature
of the City Clerk.
Licenses issued under the provisions of this chapter may, after
a hearing before the City Council, be suspended or revoked by the
City of Passaic if the holder thereof has failed to comply with the
provisions of this chapter; has been found guilty of a high misdemeanor
or misdemeanor or has permitted his vehicle to be used for any illegal
or immoral purpose. 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 of Passaic
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.
Every driver licensed under this chapter shall comply with all
City, state and federal laws, the violation of which reflects unfavorably
on the fitness of such driver to engage in public transportation;
failure to do so will justify the City of Passaic in, after notice
and a hearing, suspending or revoking the license.
A.
All accidents arising from or in connection with the operation of
a limousine registered under this chapter 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 in writing to the City
Clerk within 48 hours from the time of the occurrence. 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. Failure to report said
accidents shall be grounds for suspension and/or revocation of the
limousine license.
B.
Whenever a limousine licensed under this chapter is out of service
for five or more days, the limousine 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 limousine, and the date the vehicle may return to operation.
C.
Whenever the registration and/or license plates for a limousine licensed
under this chapter shall change, the limousine license holder shall
provide the City of Passaic with written verification, from the State
of New Jersey Department 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 limousine license.
No license holder shall knowingly permit his vehicle to be used
for any illegal or immoral purposes, under penalty of suspension or,
after hearing, revocation of the holder or driver's license,
or both, and such other penalty as may be provided.
A.
No limousine operator shall solicit passengers on any City street,
parking lot, taxi stand or other location where vehicles may enter
or stand, nor shall any operator engage in "cruising" as defined in
this chapter. Furthermore, no operator shall pick up any passenger
in response to a signal, hail, gesture or call, except telephone calls,
made from a passenger on a City street, parking lot, taxi stand or
other location where vehicles may enter or stand. An operator shall
only be permitted to respond to a telephone request for a pickup.
It shall be unlawful for any limousine to stand in any restricted
area or any area which is controlled by parking meters or at the curb
within 15 feet of the entrance to any theater, hotel, restaurant or
other public place. Any person found to be guilty of violating any
provisions of this section 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 limousine 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 limousine 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 limousine license for the third or subsequent offense(s).
B.
Limousine operators shall not receive or discharge passengers in
the roadway but shall pull up to the right-hand side as nearly as
possible or, in the absence of a sidewalk, to the extreme right-hand
side of the road and there receive or discharge passengers, except
upon one-way streets, where passengers may be discharged at either
the right- or left-hand sidewalk or side of the roadway, in the absence
of a sidewalk.
C.
No driver shall permit more than 14 passengers, not including the
driver.
A.
It shall be unlawful for a nonlicensed limousine to pick up or accept
a passenger within the City of Passaic for a destination within the
City limits. Upon written request of a prospective passenger, the
City Clerk may, at his or her discretion, waive this rule in particular
instances.
B.
Limousines licensed in other jurisdictions may discharge passengers
at a destination within the City of Passaic, provided that said passenger
has been picked up by the limousine or livery vehicle outside the
City. Limousines licensed in other jurisdictions shall not cruise
within the City limits to seek nonprearranged passengers. Limousines
may only pick up a passenger within the City to be taken to a place
or destination outside the City of Passaic, provided that the passenger
had personally, or through an agent, previously arranged by telephone
or other means with the owner for such a trip to the destination outside
the City.
C.
Any person found to be guilty of violating any provisions of this
section 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 limousine shall charge the rate of $60 per hour for all service
within the City of Passaic.
The limousine operator, while engaged in the operation of a
limousine, shall behave himself in a gentlemanly manner, and he shall
not use any indecent, profane or insulting language while engaged
in such operation.
Every driver of a limousine, immediately after the termination
of any hiring or employment, must carefully search such vehicle for
any property lost or left therein, and any such property, unless sooner
claimed or delivered to the owners, must be reported, in writing,
by the driver or holder to the City Clerk, with brief particulars
and a description of the property, within 24 hours after the finding
thereof.
The City Clerk and Police Division of the City of Passaic are
hereby given the authority and are instructed to watch and observe
the condition of holders and drivers operating under this chapter.
Upon discovering a violation of the provisions of this chapter, the
Police Division shall report the same to the City Clerk, in addition
to issuing any required summons to the offending licensee the City
Clerk, who shall order or take appropriate action.
The City Clerk shall promulgate reasonable rules and regulations
to implement this chapter and to carry out its intendments. The City
Clerk shall cause the rules and regulations as promulgated, together
with this chapter and any amendments or additions thereto, to be printed
and distributed to the holders of limousine or livery licenses and
to all those who in the future shall obtain such license or licenses.
Any person found guilty of violating any of the provisions of
this chapter for which no penalties have been specified may, in addition
to the suspension or revocation of the license as heretofore provided,
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).
