[HISTORY: Adopted by the Township Council of the Township
of Mine Hill 12-15-2005 by Ord. No. 11-05. Amendments noted where
applicable.]
This chapter shall apply to those persons owning or operating
a taxicab or limousine regularly garaged or parked within the Township
or operating a taxicab, limousine or livery service within the Township
of Mine Hill which has its principal place of business within or conducts
dispatching out of the Township.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who drives or will drive a regulated vehicle.
Any corporation, partnership, sole proprietorship, association,
or person in whose name any regulated vehicle is registered with the
Department of Motor Vehicles and/or who operates or will operate any
regulated vehicle or who operates a taxicab, limousine or livery service
within the Township of Mine Hill which has its principal place of
business within or which conducts dispatching out of the Township.
Any vehicle engaged in the carrying of passengers for hire,
including but not limited to taxicabs, limousines, vans, minivans,
omnibuses and all similar vehicles, but not including those public
conveyances regulated exclusively by state or federal law.
It shall be unlawful to operate any regulated vehicle which
is garaged or parked when out of service within the Township of Mine
Hill or which operates out of a business office located in the Township
of Mine Hill unless said regulated vehicle and the driver thereof
are licensed pursuant to this chapter.
All operator and driver licenses issued under this chapter shall
be valid from the date of their issuance through the following January
1. Renewed licenses shall be valid from January 1 through December
31 of the succeeding year unless suspended or revoked.
Operators shall be required to pay the license fees set forth in Chapter 235, Fees, for each regulated vehicle and for each driver.
[Amended 11-6-2008 by Ord. No. 19-08]
A.Â
The Township Clerk is authorized to issue licenses for regulated
vehicles and drivers of regulated vehicles upon receiving notice of
completeness of the application and approval of the application(s)
as having complied with applicable regulations, ordinances and laws
governing the drivers, ownership and licensing of taxicabs and limousines
therefor from the Police Chief or his/her designee. Each regulated
vehicle license shall set forth the dates such license will remain
effective and the maximum number of passengers permitted in the vehicle.
The maximum number will be determined by allowing one passenger in
the front seat and two or three passengers in each additional row
of seating depending upon the type of seating available. Each driver's
license shall set forth the dates such license will remain effective
and shall include a current and clear picture of the driver, the driver's
full name, the operator's business name, and a brief description of
the driver, including his or her age, height, complexion, color of
hair and color of eyes.
B.Â
If the Township Clerk refuses to issue a license, the application
shall be forwarded to the Township Council for review and action in
accordance with the terms of this chapter and applicable law. Nothing
contained herein shall be interpreted to entitle anyone to the issuance
of any license hereunder.
Operators, upon applying for a regulated vehicle license, shall
furnish proof of an insurance policy covering each regulated vehicle
and driver thereof in accordance with N.J.S.A. 48:16-1 et seq., as
amended and supplemented from time to time. However, minimum coverage
requirements for each regulated vehicle are as follows: for taxicabs,
at least $500,000 per occurrence; for limousines and all other regulated
vehicles, at least $1,500,000 per occurrence. Operators must produce
proof that the required insurance policy will be in effect and has
been prepaid for the entire period the requested license will be effective
(usually June 1 through May 31). Each owner shall also execute and
deliver to the Township Clerk the required power of attorney in accordance
with N.J.S.A. 48:16-1 et seq., as amended and supplemented from time
to time.
A.Â
Operators must provide proof that each regulated vehicle has been
inspected by a state-operated inspection facility for all required
inspections after July 1, 2004. State-authorized private inspection
facility inspections are no longer acceptable.
B.Â
Operators must provide proof that each regulated vehicle has a garage
or designated parking space located on private property where said
vehicle will be stored when not in use. Written approval from the
owner or renter of said private property must be produced. No more
than one regulated vehicle may be stored at any single residential
property location within the Township of Mine Hill.
C.Â
All regulated vehicles must have permanently affixed signs on the
driver and passenger doors setting forth the operator's business name,
regulated vehicle license number, the maximum number of passengers
allowed by said license, and the business office telephone number.
The letters and numbers on said signs must be at least three inches
tall and two inches wide and must be clearly visible from a distance
of 50 feet.
D.Â
The schedule of fares to be charged shall be clearly and prominently
displayed in each regulated vehicle.
A.Â
Each applicant for a regulated vehicle driver license shall, upon
making application therefor, furnish his or her existing driver's
license for a record check and three recent photographs of passport
size, one of which shall be retained by the Township Clerk, another
which shall be affixed to the driver license, and the third which
shall be affixed to a card, suitably framed under any transparent
covering such as plastic or other transparent nonbreakable glass covering
approved by the Police Department and displayed in a prominent place
in the interior of the regulated vehicle being driven. Said card must
also contain a brief description of the driver, including his or her
age, height, complexion, color of hair and color of eyes.
B.Â
Each applicant for a license shall provide proof that he or she is
at least 21 years of age and is either a citizen of the United States
or has legal immigration status.
C.Â
Each applicant shall be fingerprinted for a criminal history background
check in accordance with N.J.S.A. 48:16-1 et seq., and specifically
N.J.S.A. 48:16-22.3a.
D.Â
Each applicant shall submit, with the initial application and each
annual renewal thereafter, a certificate from a licensed practicing
physician of this state, certifying that the applicant has been examined
within the preceding 30 days and that he or she has no infirmity of
body or mind which might render him or her unfit for the safe operation
of a taxicab.
Every regulated vehicle licensed pursuant to this chapter shall
be properly maintained and equipped at all times in accordance with
the manufacturer's recommendations and the standards and regulations
of the New Jersey State Motor Vehicles and Traffic Regulation Act
and shall further comply with the following additional requirements:
A.Â
The interior shall be clean and sanitary, meaning that the upholstery
and carpeting shall be reasonably free from debris, tears, holes,
cuts and stains. Maintaining the regulated vehicle in a sanitary condition
means keeping the regulated vehicle free from defects which could
adversely affect the health of passengers, such as the presence of
volatile fumes, spoiled food or garbage, blood stains or any other
items which could affect the health of passengers or the driver.
B.Â
All doors shall open easily and close firmly. This provision requires
the immediate repair of doors which cannot be closed by the standard
handle for said door (i.e., closing the door with a piece of rope
or wire). Furthermore, the door must not be able to be opened without
using the door handle, and all locks on the vehicle must operate such
as to prohibit the opening of any door while the lock is engaged.
C.Â
Seat belts shall be fully functional and available for the driver
and all passengers. Torn, damaged or missing seat belts must be immediately
replaced.
D.Â
The exterior shall be clean and free from rust and peeling paint,
and all wheels shall be covered by hubcaps.
E.Â
Dents shall not be larger than those that normally occur as a result
of parking next to other vehicles; all dents larger than three inches
must be repaired promptly. "Dents" shall be construed to cover damage
on any portion of the regulated vehicle, including bumpers and any
other exterior facets.
F.Â
Each regulated vehicle in operation must be kept in proper operating
condition at all times, including but not limited to a properly functioning
muffler and emissions system, a clear and undamaged windshield and
windows (no tinting of rear windows shall be permitted after July
1, 2004). The Police Department of the Township of Mine Hill may request
an inspection or emissions test for any regulated vehicle if, in its
sole discretion, cause exists to believe said regulated vehicle is
not in compliance with the maintenance requirements set forth herein.
G.Â
Upon application for a regulated vehicle license or upon application
for renewal of a license, a member of the Mine Hill Township Police
Department shall inspect each regulated vehicle for any violations
of the requirements of this chapter. If any violations are found,
the Police Department shall inform the Township Clerk that no license
should be issued on the applicant's vehicle. Under such circumstances,
the Police Department will inform the applicant what repairs need
to be completed before issuance of a license can occur. In no way
should the provisions of this chapter be interpreted as to prohibit
an applicant from having a previously rejected vehicle reinspected
after the required repairs are completed. An applicant aggrieved by
any provisions of this section has an immediate right of appeal to
the Township Council.
A.Â
The schedule of fares shall be prominently posted in each regulated
vehicle and shall be posted and available at all business offices.
B.Â
The fare to be charged for the transportation of passengers to a
location or at a distance not stated in the schedule of fares must
be clearly agreed upon with all passengers prior to leaving the pickup
location.
The drivers of all regulated vehicles must keep a written record
of each trip, including the date and exact time the trip commenced
and ended and the number of passengers carried. Trip records must
be maintained by the operator for at least one year and must be made
available for inspection by the Police Department of the Borough of
Wharton or any other law enforcement agency upon request.
A.Â
All drivers will be held fully responsible for compliance with all
traffic, parking and safety regulations on the road. In addition,
all passengers will be required to enter and exit all regulated vehicles
through the door or doors closest to the curb where said passengers
are waiting for pickup or are being dropped off.
B.Â
Regulated vehicles that are registered with the state as limousines
shall not be allowed to solicit fares on the road and may only pick
up passengers who have prearranged said limousine transportation by
telephone.
The Township Council may refuse to issue a license or suspend
any license or revoke any license after notice and hearing if:
A.Â
This chapter is violated in any particular.
B.Â
The operator or driver has been convicted of a felony, misdemeanor
or a significant violation of Title 39 of the Revised Statutes of
New Jersey.
C.Â
The driver fails to render reasonably prompt and adequate service
while driving a regulated vehicle, has contributed to injury to person
or property, or for other good cause.
D.Â
The regulated vehicle has become unsafe or unsanitary, or the policy
of insurance provided for in this chapter has been allowed to lapse
and no substitute has been furnished prior to the effective date of
said lapse.
Except as required by N.J.S.A. 48:16-1 et seq., any operator and/or driver found to have violated the provisions of this chapter may have his or her license issued hereunder suspended or revoked by the Township Council, and repeat offenders are subject to revocation of all their licenses issued hereunder. Furthermore, upon conviction of said violations by the Municipal Court, any operator and/or driver shall be subject to the penalty in § 1-3, General penalty, of this Code.
