[HISTORY: Adopted by the Township Committee
of the Township of Montville 2-11-2014 by Ord. No. 2014-05.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 342,
Taxicabs and Limousines, comprised of Art. I, Taxicabs, adopted by
Ord. No. 1308 as Ch. 5.48 of the 1998 Code, as amended, and Art. II,
Limousine Services, adopted by Ord. No. 1308 as Ch. 5.40 of the 1998
Code, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Any automobile or motor car used 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 of
no more than 14 passengers, not including the driver, provided that
such a vehicle is certified by the manufacturer of the original vehicle
and the second-stage manufacturer, if applicable, to conform to all
applicable Federal Motor Vehicle Safety Standards promulgated by the
United States Department of Transportation pursuant to 49 CFR Part
571 (49 CFR 571.1 et seq.) and 49 CFR Part 567 (49 CFR 567.1 et seq.),
as defined in N.J.S.A. 48:16-13.
Any automobile, taxicab or other vehicle propelled by motor
power engaged in the business of transportation of passengers for
hire or pay within the Township, whether operated from stands in the
street or only on telephone calls to garages or in any other manner.
It is the intention of this chapter to include in the definition of
"taxicabs" any motor-driven vehicle, other than stages, omnibuses,
and vehicles commonly called "jitneys," which carries passengers for
hire or pay for which public patronage is solicited and the owner
of which holds himself out as a carrier of passengers.
The following types of licenses are hereby established for the
purposes of this chapter.
A.
Taxicab owner's license; filing of certificate.
(1)
Each person engaged in the taxicab business and utilizing the Township
as a principal place of business shall obtain an individual license
for each taxicab.
(2)
Pursuant to N.J.S.A. 48:16-7, any person engaged in the taxicab business
within the Township whose principal place of business is in another
municipality shall file with the Township Clerk a certificate from
the clerk of that municipality certifying that the owner has complied
with the insurance requirements of N.J.S.A. 48:16-3.
B.
Limousine business license and limousine vehicle license.
(1)
Each person engaged in the limousine business utilizing the Township
as a principal place of business shall obtain a limousine business
license.
(2)
Pursuant to N.J.S.A. 48:16-17, a limousine business whose principal
place of business is within the Township shall obtain a limousine
vehicle license for each limousine operated.
A.
It shall be unlawful for any person to engage in the taxicab business,
utilizing the Township as a principal place of business, without first
having obtained a license therefor as hereinafter provided.
B.
Application for license.
(1)
No taxicab owner's license shall be issued for any vehicle required
to be licensed until the owner files an application for a taxicab
owner's license, setting forth the character of the vehicle proposed
to be licensed, the correct name of the owner thereof, the residence
or address of the principal office of such owner, a complete schedule
of the fares proposed to be charged, and such other facts as the Township
Committee may require. The application for a taxicab owner's
license shall also set forth the name, address and age of each driver
who will be employed by the owner to drive taxis within the Township,
as well as a certification by the applicant as to each such driver
that the driver is at least 20 years of age, has had at least one
year of driving experience, is of good moral character, has no criminal
record and is physically able to operate a taxicab. The applicant
shall have an ongoing responsibility to update the list of drivers
with additions and deletions as they occur.
(2)
The applicant shall further certify that any driver who is convicted
of a crime or of being a disorderly person in this or any other jurisdiction
shall immediately be prevented from operating any of the applicant's
taxicabs within the Township.
(3)
The application for license shall be made to the Township Clerk on
forms provided. Upon receipt of the license application properly completed,
the Township Clerk shall forward the application and other necessary
documents to the Township Committee which shall review the application
for the purpose of determining whether or not the applicant has complied
with all of the requirements and conditions of this chapter. Should
the Township Committee find that there has been compliance with the
terms of this chapter, it shall be in the form of a resolution ordering
the issuance of a license by the Township Clerk.
(4)
All applications for licenses shall be accompanied by the required
fee and shall be made to or through the Township Clerk upon forms
provided. All application fees shall be nonrefundable, except that
when the Township Clerk shall deny the applicant a license or permit,
the applicant shall be refunded 50% of his or her application fee.
The nonrefundability of all application fees shall be stated on all
application forms. Applications may contain information deemed necessary
or specifically called for by ordinance.
C.
Approval of application. The Township Clerk shall not issue any taxicab
owner's license until the application therefor is approved by
the Township Committee and the conditions precedent to the issuance
of the license as set out in this chapter are complied with. Where
a taxicab owner's license has previously been issued, the approval
of the Township Committee shall not be required as a condition for
issuance of additional vehicle licenses.
E.
License term. All taxicab owner's licenses shall expire on December
31 following the date of issue and shall be renewed annually on or
before January 1.
F.
Posting of license and photo identification of driver. Each taxicab
owner's license issued shall bear a number and shall state the
name of the person to whom it is issued. It shall briefly describe
the vehicle licensed and indicate the motor vehicle license number.
Each license shall be signed by the Township Clerk and shall have
the Township Seal affixed thereto. The license shall be placed in
a conspicuous location in the taxicab along with a photo identification
of the driver, which clearly indicates the driver's name, address
and driver's license number.
G.
Transfer of owner's license. Taxicab owner's licenses may be transferred from one vehicle to another belonging to the same owner only after an application, in writing, has been submitted and approval has been granted by the Township Clerk and payment has been made to the Township Clerk of a transfer fee as provided for in Chapter 169. All applications for transfer shall be made on forms to be furnished by the Township and shall be accompanied by the transfer fee.
H.
Inspections of vehicles. No taxicab owner's license shall be
issued for any vehicle which is not currently registered and inspected
by the State of New Jersey.
I.
Liability insurance and power of attorney.
(1)
No taxicab owner's license shall be issued for any vehicle required
to be licensed until there is submitted to the Township Attorney,
and approved by him as to both form and sufficiency, and filed with
the Township Clerk at the time application for a license is made,
an insurance policy, with the premium prepaid thereon, issued by an
insurance company duly licensed to transact business under the laws
of the State of New Jersey, with a policy limit of not less than $1,500,000
against loss imposed by law, including but not limited to judgment
or settlement, upon such owner for damages on account of bodily injury,
including death, or property damage suffered by one or more persons
arising from or caused by any one accident, including an act or omission,
occurring by reason of the ownership, maintenance or use of the vehicle
so licensed within the Township. A combined single limit policy in
the amount required by this section shall satisfy this section. The
operator of each taxicab shall be covered by the insurance requirements
herein referred to.
(2)
All taxicab owner's licenses shall be effective and operative
only as long as such insurance policy or policies remain in force
and effect.
(3)
Concurrently with the filing of the insurance policy referred to
herein, the applicant shall submit a power of attorney whereby the
owner shall appoint the Township's Chief Financial Officer his
true and lawful attorney for the purpose of acknowledging service
of any process out of a court of competent jurisdiction to be served
upon the insured by virtue of the indemnity granted under the insurance
policy, as provided by N.J.S.A. 48:16-5.
J.
Maintenance of records. The owner-licensee shall keep and maintain
records of all trips for a period of at least six months, which records
shall at all times be subject to inspection and audit by the Township
Committee.
K.
Additional rules and regulations. The Township Committee may, by
resolution, make such rules and regulations in relation to the operation
of taxicabs and the conduct of the operators thereof as it may determine
to be necessary and proper in the best interests of the Township.
A certified copy of any such resolution shall be forwarded to all
licensees within 10 days following adoption.
A.
Any license issued in accordance with the terms of this chapter may
be refused or any license issued may be revoked or a renewal thereof
refused by the Township Committee after notice and hearing for any
of the following causes:
(1)
If the license holder, applicant, or any employee of the license
holder or applicant who operates licensed taxicabs or limousines has
been convicted of:
(2)
If the license holder or applicant has any judgment unsatisfied or
record against him arising out of an automobile accident.
(3)
If the license holder or applicant has failed or fails to render
reasonably prompt, safe and adequate taxicab service, or safe and
adequate limousine service.
(4)
If the license holder or applicant has failed to comply with all
laws of the State of New Jersey or ordinances of the Township or rules
and regulations regarding the ownership and operation of taxicabs
or limousines.
(5)
If the license holder or applicant has operated or operates without
a license issued pursuant to this chapter any taxicab or limousine
business with its principal place of business located within the Township.
(6)
If the license holder or applicant operates any taxicab or limousine
business licensed by the Township from a principal place of business
located outside of the Township.
(7)
If any business license, permit, or authorization of the license
holder or applicant has been denied, suspended, or revoked for any
reason.
(8)
If any insurance policy required under this chapter providing coverage
to the license holder or applicant is denied, suspended, or revoked
for any reason.
B.
Any contemplated hearing shall be held within 15 days following an
order of suspension upon notice, which notice shall set forth the
reasons for the proposed revocation or suspension.
Upon request of the licensee and recommendation of the Chief
of Police, the Township Committee may, by resolution, designate the
place or places where licensed vehicles may be permitted to stand.
No driver of any licensed taxicab shall refuse or neglect to
carry in his taxicab any orderly person upon request unless the driver
is previously engaged.
The requirements of this chapter shall not apply to a taxicab
owner or taxicab operator duly licensed by another municipality while
such taxicab is being operated in the Township solely for the purpose
of delivering to a destination or destinations within the Township
a passenger or passengers picked up by the taxicab at a point or points
outside of the Township.
A.
Licenses required. It shall be unlawful for any person to engage
in the limousine business utilizing the Township as a principal place
of business without first having obtained a limousine business license
and a limousine vehicle license for each limousine vehicle operated
as hereinafter provided.
B.
Physical office required. Each limousine business licensed by the
Township shall maintain a physical office within the Township as its
primary place of business. Virtual offices shall not be licensed.
For purposes of this chapter, a virtual office is defined as an office
established by computer, Internet, telecommunication, or other electronic
means, without any physical office space located within the Township
at which the limousine business receives customers, schedules fares,
or otherwise conducts its routine and ordinary business.
C.
Application for initial limousine business license.
(1)
Application requirements. No limousine business license shall be
issued for any limousine business until the owner files an application
setting forth the following:
(a)
The legal name of the limousine business, including any and
all trade names, and the physical address of its principal place of
business in the Township. Virtual offices shall not be licensed.
(b)
A copy of the limousine business's articles of incorporation,
certificate of formation, or other corporate formation document registered
with the State of New Jersey, and a copy of the business's corpcode
document issued by the New Jersey Division of Motor Vehicle Commission
(NJMVC).
(c)
The location at which limousine vehicles will be parked or otherwise
stored. For each such location, the applicant shall submit a copy
of the deed or business lease showing the limousine business as the
owner or tenant. If the location is not within the Township, the applicant
shall also submit a certification of the zoning official in the municipality
where the vehicle is to be parked or otherwise stored that the parking
or storage of limousines at that location is permitted by that municipality's
zoning ordinance. If a lease is submitted, it must include a provision
which permits the parking of limousine vehicles on the business premises.
If the lease does not include a provision permitting the parking of
limousine vehicles on the business premises, the applicant must submit
a letter from the landlord granting permission to park limousine vehicles
on the business premises.
(d)
A copy of a valid zoning permit issued by a Township Zoning
Officer permitting the limousine business to operate at the designated
principal place of business.
(e)
A complete list of each and every owner, officer, member, parent
entity, and subsidiary entity of the limousine business, including
the name, title, home or principal business address, date of birth,
driver's license number or corporate code, and percentage ownership
interest of each owner, officer, member, parent entity, and subsidiary
entity.
(g)
A complete list of each and every employee of the limousine
business, including the name, home address, telephone number, and
date of birth. Every driver employed by the limousine business shall
also include his or her New Jersey driver's license number and
expiration date.
(h)
A copy of a valid certificate of authority to collect New Jersey
sales tax authorizing the limousine business to collect sales tax
from its customers.
(2)
Approval of application. The Township Committee shall not issue any
limousine business license until the applicant has demonstrated satisfactory
compliance with the provisions of N.J.S.A. 48:16-13 to N.J.S.A. 48:16-22.7,
and with the conditions precedent to issuance of the license set forth
in this chapter.
D.
Application for initial limousine vehicle license.
(1)
Limousine business license required. No limousine vehicle shall be
licensed by the Township unless the owner of that limousine vehicle
first obtains a limousine business license as set forth in this chapter.
An applicant for a limousine business license may simultaneously apply
for limousine vehicle licenses.
(2)
Application requirements. No limousine vehicle license shall be issued
for any limousine until the owner files an application for a limousine
vehicle license setting forth the following:
(a)
The name, business address, and license number of the Township-licensed
limousine business seeking to license the limousine vehicle.
(b)
A description of the limousine vehicle, including VIN and license
plate number.
(c)
Proof that the limousine vehicle is owned, leased, or financed
by the designated limousine business.
(d)
The New Jersey registration number or license plate number,
and a copy of the registration.
(e)
The expiration date of the limousine vehicle's New Jersey
inspection.
(f)
Proof of insurance for the limousine vehicle.
(g)
The identity, including name, home address, telephone number,
and New Jersey driver's license number, of each individual who
will operate the limousine vehicle.
(3)
Authorization to inspect. By signing an application for a limousine
vehicle license, the applicant shall consent to have each limousine
vehicle listed on the application inspected by the Township Police
Department to verify that the limousine vehicle is in operational
condition and complies with the requirements of the New Jersey Motor
Vehicle Law.
(4)
Posting of license. Pursuant to N.J.S.A. 48:16-17, each limousine
vehicle license shall recite the name of the insurance company, the
number and date of expiration of the insurance policy, a description
of the limousine insured thereunder and the registration number of
the limousine insured thereunder. The original license or a copy thereof
shall be retained within the limousine and shall be available for
inspection.
E.
Renewal of limousine business licenses and limousine vehicle licenses.
(1)
Renewal requirements for limousine business licenses. A holder of
a current, unexpired limousine business license may apply to the Township
Clerk no later than November 1 to renew the license. A holder of an
expired limousine business license shall be required to file an initial
application and all required supporting documentation in order to
renew the license.
(2)
Renewal requirements for limousine vehicle licenses. Limousine vehicle
licenses may be renewed simultaneously with the limousine business
licenses, provided that all required supporting documentation for
each limousine vehicle, including but not limited to registration
documents, proof of insurance, and identity of the persons operating
each limousine vehicle, is submitted for each limousine vehicle license
renewed.
(3)
Applicant to disclose changes. When applying to renew a limousine
business license or a limousine vehicle license, the applicant shall
indicate any and all changes since the initial application or most
recent renewal, including but not limited to changes in corporate
structure, business address, insurance, employees, and vehicles, and
shall provide copies of all relevant documents supporting any changes.
(4)
Current documentation required. Applications for limousine business
license renewals shall include current copies of all documents which
expired, or are due to expire, during the term of the license being
renewed, including, but not limited to, drivers licenses, registration
documents, insurance documents, sales tax certificates, and business
registration certificates.
(5)
Final approval. Final approval of limousine business license renewals
shall be by Resolution of the Township Committee. Renewal of corresponding
limousine vehicle licenses shall not require Township Committee approval
so long as the renewal application complies with the provisions of
this chapter.
F.
Fees required and nonrefundable. Applications for limousine business
licenses and limousine vehicle licenses shall be made to the Township
Clerk on forms provided. All applications shall be accompanied by
the required fee. All application fees shall be nonrefundable and
the nonrefundability of application fees shall be stated on all application
forms. Applications shall contain information deemed necessary or
specifically called for by ordinance. Final approval of all applications
shall be by resolution of the Township Committee.
G.
Limousine vehicle licenses under a previously issued limousine business
license. Provided that all other requirements of this chapter are
met, where a limousine business license has previously been issued,
the approval of the Township Committee shall not be required as a
condition for issuance of limousine vehicle licenses under that limousine
business license.
H.
License fee. The annual fee for a limousine owner's license shall be as provided for in Chapter 169.
I.
License term. All limousine business licenses and vehicle licenses
shall expire on December 31 following the date of issue and shall
be renewed annually on or before January 1.
J.
Liability insurance.
(1)
No limousine business license or limousine vehicle license shall
be issued until there is submitted to the Township Attorney, and approved
by him as to both form and sufficiency, and filed with the Township
Clerk at the time application for a license is made, an insurance
policy, with the premium prepaid thereon, issued by an insurance company
duly licensed to transact business under the laws of the State of
New Jersey, with a policy limit of not less than $1,500,000 against
loss imposed by law, including but not limited to judgment or settlement,
upon such owner for damages on account of bodily injury, including
death, or property damage suffered by one or more persons arising
from or caused by any one accident, including an act or omission,
occurring by reason of the ownership, maintenance or use of the vehicle
so licensed within the Township. A combined single limit policy in
the amount required by this section shall satisfy this section. The
operator of each limousine shall be covered by the insurance requirements
herein referred to.
(2)
All limousine business licenses and limousine vehicle licenses shall
be effective and operative only as long as such insurance policy or
policies remain in force and effect.
K.
Transfer of limousine vehicle license. Limousine vehicle licenses may be transferred from one vehicle to another belonging to the same limousine business license holder only after an application, in writing, has been submitted to the Township Clerk, on forms provided, along with a transfer fee as provided for in Chapter 169. Limousine vehicle license transfer applications must be accompanied by proof that the license plates of the prior limousine were surrendered to the appropriate motor vehicle agency, and shall be accompanied by proof of insurance for the limousine vehicles to which limousine vehicle licenses are transferred. All limousine vehicles to which limousine vehicle licenses are transferred shall be inspected by the Township Police Department to verify that the limousine vehicle is in operational condition and complies with the requirements of the New Jersey Motor Vehicle Law. Approval of the Township Committee shall not be required as a condition for the transfer of limousine vehicle licenses under this section.
L.
Additional rules and regulations. In addition to the rules and regulations
set forth herein, the State of New Jersey and the Motor Vehicle Commission
have further statutes, rules and regulations with regard to the operation
of limousines and the conduct and licensing of operators thereof.
The Township Committee may, by resolution, make such rules and regulations
in relation to the operation of limousines and the conduct of operators
thereof as they may determine to be necessary and proper in the best
interests of the Township. A certified copy of any such resolution
shall be forwarded to all licensees within 10 days following adoption.
A.
It shall be a violation of this chapter for any person, firm, or
corporation to:
(1)
Operate a limousine without a license issued by the Township;
(2)
Knowingly permit a driver to operate a limousine without a validly
issued driver's license or a validly issued commercial driver's
license if required pursuant to N.J.A.C. 13:21-23.1;
(3)
Fail to have filed an insurance policy in the amount of $1,500,000
which is currently in force as provided in N.J.S.A. 48:16-14 or in
the amounts required pursuant to N.J.S.A. 48:16-22.4; or
(4)
Operate a limousine in which the number of passengers exceeds the
maximum seating capacity as provided in N.J.S.A. 48:16-13 or Section
2 of N.J.S.A. 48:16-13.1.