Township of Irvington, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the Township of Irvington 6-24-2014 by Ord. No. MC 3512.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees and licenses — See Ch. 290.
Vehicles and traffic — See Ch. 620.
[1]
Editor's Note: Ordinance No. MC 3512 was vetoed by the Mayor; said veto was overridden by a two-thirds vote of the Council 7-15-2014.
As used in this chapter, the following terms shall have the meanings indicated:
AUCTION
The process by which the Township issues taxicab medallions by offering them up for bid, taking bids, and then issuing them to the highest bidder.
BIDDER
An individual submitting a bid for a taxicab medallion at an auction.
CRUISING
The driving of a taxicab on the streets or public places of the Township in search of or for purposes of soliciting prospective passengers for hire.
DIRECTOR
The Director of the Division of Police in the Department of Public Safety.
[Amended 10-14-2015 by Ord. No. MC 3553]
DISPATCHER
A person placed in charge of a dispatch office by the holder.
DISPATCH OFFICE
An office located in a building, staffed on a twenty-four-hour basis from which all taxis operating under a taxicab medallion are directed by a dispatcher by way of a dispatch system.
DISPATCH SYSTEM
A two-way communication network operated between taxicabs and a dispatch office for the purposes of directing taxicabs and keeping a log of taxicab calls. The log shall be made available to the Township Police upon request.
HEARING
A public hearing before the Director or his designee at which a licensee is given an opportunity to appear personally or be represented by counsel and be heard and to present evidence on his behalf.
HOLDER
A person to whom a medallion has been issued.
MEDALLION
A license limited in quantity, issued by the Township that allows an individual or entity to operate a taxicab or taxicabs in the Township.
OPEN STAND
A public place alongside the curb of a street or elsewhere in the Township which has been designated by the Director of the Division of Police in the Department of Public Safety as reserved exclusively for the use of taxicabs.
[Amended 10-14-2015 by Ord. No. MC 3553]
TAXICAB
Any automobile, taxicab or other motor vehicle engaged in the business of transporting passengers for hire or pay within the Township, whether operated from stands in the street or dispatched by telephone calls to garages or in any other manner, it being the intention of this chapter to include in the definition of "taxicab" such vehicles as carry passengers for hire or pay for which public patronage is solicited. Any motor vehicle, other than a bus or autobus, traveling on designated routes using the streets of the Township for the purpose of carrying passengers for hire, for which public patronage is solicited, and the owner of which vehicle holds himself out as a public carrier, shall be deemed a "taxicab" and shall be licensed as such.
TAXI DRIVER'S LICENSE
The permit granted by the Director of the Department of Public Safety to a person to drive a taxicab upon the streets of the Township.
TAXIMETER
A mechanical instrument or device attached to a taxicab by which the charge for hire of a taxicab is mechanically calculated and on which such charge is plainly indicated and visible to passengers.
TOWNSHIP
The Township of Irvington, New Jersey.
TRANSFER
To sell, transfer, or in any other manner dispose of a medallion. Where the medallion is in the name of a corporation or other legal entity, any change in majority ownership of the corporation or other legal entity shall constitute a "transfer" thereof.
WAITING TIME
The time during which a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge. "Waiting time" does not include any time during which the taxicab is not in motion due to any cause other than the request, act or fault of a passenger or passengers.
A. 
There shall henceforth be established a Taxicab Commission in the Township of Irvington whose purpose shall be to regulate, facilitate, monitor and enforce the operation of the taxicab service in the Township.
B. 
Members. The Commission shall consist of three members with one being appointed by the Mayor, one appointed by the Municipal Council and one representative from the Office of the Township Attorney. The term of office for each member shall be for one year from the date of appointment.
A. 
In order to ensure the safety of the public, it shall be unlawful for the holder of a taxicab license medallion to operate or cause or permit a taxicab to be operated, nor shall any license medallion be issued under this chapter, unless and until the applicant shall have complied with the provisions of N.J.S.A. 48:16-1 to 48:16-12 and the acts amendatory thereof or supplemental thereto.
B. 
The statutory insurance policy issued for the term of the taxicab driver's license shall be delivered to the Director of the Department of Public Safety or his designee with the application for the taxicab driver's license. Upon issuance of the taxicab driver's license, the policy approved as to form by the Township Attorney shall be thereupon filed forthwith in the office of the Township Clerk. This provision shall not exclude six-month insurance policies issued pursuant to full statutory requirements.
C. 
The taxicab driver's license shall be effective only so long as the statutory insurance policy shall remain in full force to the full and collectible amounts is as required by the statute.
D. 
In the event of the cancellation of the insurance policy, the taxicab driver's license shall terminate upon the effective date of the cancellation, unless prior thereto the insurance has been reinstated by withdrawal of the cancellation or a new policy of insurance is delivered to the Director of the Department of Public Safety for the remainder of the taxicab driver's license.
E. 
It shall be the duty of the holder of a taxicab license to, at all times, keep in the taxicabs operating under the medallion an insurance card issued by the Township Clerk showing that the statutory insurance is in full force and effect at the time of operation of the taxicab. It shall be unlawful to operate a taxicab without said insurance card and to fail to produce said insurance card upon demand.
F. 
All taxicabs licensed and operated here in the Township of Irvington shall meet the insurance requirement of $100,000 against any loss by reason of liability imposed by law, starting with the renewal of insurance of each individual taxicab operating under a medallion. Any company or owner holder who fails to satisfy the aforementioned requirement will be subject to the immediate forfeiture of their license medallion to operate the regulated vehicle in the Township.
A. 
No person holder shall operate or permit a taxicab owned or controlled by him to be operated as a taxicab upon the streets of the Township without having first obtained a taxicab license from the Director of the Department of Public Safety.
B. 
Upon conviction of a violation of § 582-4A, the Municipal Court shall impose a fine as set forth in Chapter 1, General Provisions, Article III, Penalties, of the Township Code.
C. 
Any person holder who operates a taxicab or permits a taxicab owned or controlled by him or her to be operated in the Township without having first obtained a valid taxicab license from the Director shall, in addition to fines and penalties currently codified, cause such vehicle to be towed by the Public Safety Department and shall be responsible for all costs associated with such action in addition to any fines and penalties currently codified.
[Amended 10-14-2015 by Ord. No. MC 3553]
A. 
An application for a taxicab license or renewal thereof shall be filed with the Director upon forms provided by the Township. Said application shall be verified under oath and shall contain the following information:
(1) 
Name and address of the applicant; and 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 vehicle for which the license is desired, together with clear photographs of the front, rear and both sides of the same.
(3) 
The number of persons the vehicle is capable of carrying.
(4) 
A statement that the applicant has never been convicted in any state of a high misdemeanor or a violation of this chapter or any prior ordinance of the Township relating to taxicabs.
(5) 
Such further information as the Director may reasonably require.
B. 
The annual application for renewal of taxicab licenses shall be filed not later than 30 days prior to the expiration date.
A. 
Issuance of taxicab medallions.
(1) 
The Director of the Department of Public Safety shall be empowered to issue medallions to qualified persons and to replace any revoked taxicab medallions that were not transferred by the owners prior to revocation. Issuance of medallions shall be made through application for a license, submitted by the highest bidder at a public auction. The medallion numbers shall be set by the Director of the Department of Public Safety.
(2) 
The Director of the Department of Public Safety is authorized to delegate matters pertaining to the auction and to take such further measures as in his/her discretion may be appropriate to the sale of the medallions.
(3) 
The public auction shall be conducted in accordance with the laws of the State of New Jersey.
(4) 
Any person may submit a bid to obtain a medallion. The highest bidder must, however, satisfy all criteria for taxicab license owners, have a taxicab license and must meet all the provisions as set forth in the public solicitation issued by the Township of Irvington.
(5) 
The highest bidder must file an application for a taxicab medallion with the Director of the Department of Public Safety within the time specified in the public solicitation.
B. 
Refusal of taxicab medallions. The Director of the Department of Public Safety shall be empowered to refuse to issue license medallions or renewals thereof pursuant to the provisions of this chapter. The applicant shall be permitted to appeal the Director's refusal to the Municipal Council at its next regular meeting from the Director of the Department of Public Safety's refusal to issue a license. In refusing any such license, the Director of the Department of Public Safety shall state the reasons therefor in writing, and, if the same is deemed lawful and proper by the Municipal Council, such refusal shall be sustained.
C. 
Maximum number of medallions. The maximum number of taxicab medallions issued or outstanding at any one time shall not exceed 56.
The Director shall have the power to refuse a taxicab license required pursuant to § 582-4 on the grounds that public convenience currently does not require additional licensed taxicabs or that public safety will be best served by the refusal to issue any additional licenses or that the taxi stand desired is not in the interest of the public health, safety or welfare.
A. 
A taxicab driver's license shall be for a period of one year or for such lesser period of time as the insurance required pursuant to § 582-3 remains in full force.
B. 
No taxicab driver's license shall be issued or renewed unless the applicant therefor has paid an initial license fee of $300. The fee charged for renewal or extension of said license within a one-year period shall be $150 for each renewal or extension provided in accordance with the provisions of § 582-3 of the Irvington Township Code. Such license fees shall be in addition to any other fee or charge made or established by proper authorities and applicable to said holder for the vehicle or vehicles under his operation and control.
A. 
No taxicab license medallion may be sold, assigned or otherwise transferred without the consent of the Director. A license medallion may be transferred to another person to be used in the bona fide operation of a taxicab business with the consent of the Director after the filing of an application as provided in this chapter and upon the payment of a transfer fee of $433. No transfer may be made during the month of January.
B. 
No taxicab license medallion shall be assigned, mortgaged, pledged or otherwise hypothecated to secure a debt, loan, advance or the like, unless such assignment, mortgage, pledge or other security arrangement is first approved by the Director.
No person shall operate a taxicab for hire upon the streets of the Township, and no person who owns or controls a taxicab shall permit it to be so operated, and no taxicab licensed by the Township shall be so operated at any time for hire, unless the driver of said taxicab shall have first obtained and shall have currently in force a taxicab driver's license issued under the provisions of this chapter.
No taxicab driver's license shall be issued to any person unless such person shall be a holder of a taxicab license or be the lessee, servant, employee or agent of such a holder.
No taxicab driver's license shall be issued unless the applicant therefor:
A. 
Furnishes satisfactory evidence that he or she has a valid New Jersey automobile driver's license that he or she obtained at least one year immediately prior to the date of the application for the taxicab driver's license; been the holder for at least one year immediately prior to the date of application of a valid New Jersey automobile driver's license;
B. 
Is at least 18 years of age;
C. 
Has been a resident of the State of New Jersey for at least one year;
D. 
Is able to read and write the English language;
E. 
Affirms that he or she has never been convicted in any state of a high misdemeanor or a violation of this chapter or any prior ordinance of the Township relating to taxicabs.
A. 
An application for a taxicab driver's license shall be filed with the Director upon forms provided by the Township. The application and shall contain the following information:
(1) 
Name and address of the applicant.
(2) 
Places of residence for the preceding five years.
(3) 
Age, height, color of eyes and color of hair.
(4) 
Place of birth.
(5) 
Marital status.
(6) 
Previous employment and employer.
(7) 
Whether the applicant has ever been convicted of a high misdemeanor, misdemeanor or violation of this chapter or any ordinance of the Township governing taxicabs.
(8) 
Whether a driver's license issued by any state or municipality to him or her has ever been suspended or revoked, and for what cause.
B. 
The application shall be accompanied by four passport-type photographs of the applicant taken within 30 days of the application, front view, size two inches by two inches.
C. 
When required by the Director or his designee, said application shall be accompanied by a certificate of a licensed physician of the State of New Jersey, dated within 60 days prior to the filing of the application, stating that in his opinion the applicant is physically sound, with good eyesight, and is 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 taxicab.
D. 
Upon an initial application for a taxicab driver's license, the applicant shall submit to fingerprinting by the Public Safety Department of the Township.
[Amended 10-14-2015 by Ord. No. MC 3553]
E. 
The application shall also be accompanied by the license fee prescribed in § 582-16 of this chapter.
[Amended 10-14-2015 by Ord. No. MC 3553]
A. 
Upon filing of an application for a taxicab driver's license, the Public Safety Department shall conduct an investigation. The applicant's photograph and fingerprints, where required, shall be forwarded to the Bureau of Records and Identification. A report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application and returned to the Director for his consideration.
B. 
The Director shall consider the application and the reports and physician's certificate required to be attached thereto and shall approve or reject the application. No license shall be issued until the receipt of a written report from said Bureau of Records and Identification containing the results of its investigation of the applicant. If a delay of more than 30 days is encountered between the date of fingerprinting and the receipt of the results of a fingerprint check through the files of the Federal Bureau of Investigation or the New Jersey State Police, the Director may issue a temporary license for a period of not more than six months based upon the results of an examination of the fingerprint files of the Township Public Safety Department. If, when received, the results of the examination of the fingerprint files of the Federal Bureau of Investigation or the New Jersey State Police shows that the applicant may be ineligible to receive a license, the temporary license may be revoked immediately and the applicant rejected. If the applicant is rejected, the applicant may request a hearing before the Director to offer evidence why his application should be reconsidered.
Upon the approval by the Director of an application for a taxicab driver's license, a license shall be issued. The license shall bear the name, signature and recent photograph of the applicant and shall bear the signature of the Director.
A. 
Each taxicab driver's license shall be for the period ending on December 31 following its issuance and shall expire on that date.
B. 
The fee for a taxicab driver's license shall be $55 per year.
C. 
While a taxicab driver is operating a taxicab his taxicab driver's license shall be displayed as provided in § 582-21 of this chapter.
Every holder of a taxicab license shall be responsible for all taxicabs operating under the holder's medallion, the operation of the vehicle for which the license has been granted regardless of the legal relationship between such the holder and the driver of said vehicle the taxicab.
A. 
Rules and regulations shall be promulgated by the Director to provide safe transportation of the public and shall specify such safety equipment and regulatory devices as he shall deem necessary.
B. 
No taxicab driver shall operate and no owner holder shall permit to be operated a taxicab in which a child five years of age or younger is a passenger unless a child 18 months of age or younger is in a federally approved car seat, regardless of whether such child is in the front or rear seat; and a child over 18 months of age but less than five years is in a car seat, if a front seat passenger, or is in a lap belt and shoulder harness, if a rear seat passenger.
C. 
No medallion taxicab license shall be issued to or renewed for any taxicab fleet, taxicab mini fleet or independent taxicab owner unless and until proof shall have been given to the Director or his designee that such taxicab fleet, mini fleet or independent owner has adequately provided for the safety of children under the age of five years who are passengers in a taxicab operated by them, as set forth in Subsection B.
D. 
In the case of a taxicab fleet or mini fleet, such proof shall consist of a written policy or posted notice at the base of operation and in all fleet taxicabs, conspicuous to drivers, setting forth that prior to the operation of the taxicab, children 18 months of age or younger who are passengers in a taxicab shall be placed in federally approved child restraint seats and children over the age of 18 months but under the age of five years must be placed in a car seat if riding in the front seat of the taxicab, or in a lap and/or lap and shoulder harness seat belt if riding in the rear of the taxicab. A taxi fleet or mini fleet must at all times keep and maintain in fleet vehicles or at the base of operation a total number of federally approved car seats equal to 25% of the number of licensed taxicabs in its fleet, which shall at all times be available for use by drivers of fleet taxicabs. If a request is made for a taxicab by telephone, the dispatcher shall inquire about the presence and age of children who will be making the ride and inform the caller of the policy set forth in Subsection B. He or she will dispatch only a taxicab with a car seat if there is a child 18 months or younger. Fleet or mini fleet owners who stop for a fare must comply with Subsection B. If a car seat is required and the particular driver does not have one, he or she must pass up the fare.
E. 
In the case of an independent owner, such proof shall consist of evidence that the independent owner keeps and maintains a federally approved car seat in the passenger compartment or trunk of the licensed vehicle at all times, for use in accordance with Subsection B above.
F. 
Holders of taxicab medallions licenses prior to the effective date of § 582-18B of the Revised Code of the Township of Irvington[1] shall have 30 days from the effective date of § 582-18B of the Revised Code of the Township of Irvington to comply with these requirements before any penalty may be imposed for violations thereof. The license of any taxicab medallion of a holder owner or driver who has not complied with the requirements of § 582-18B of the Revised Code of the Township of Irvington after the passage of said thirty-day grace period shall be subject to penalties provided in § 582-49 of the Revised Code of the Township of Irvington for such violations. The requirements of § 582-18B of the Revised Code of the Township of Irvington shall be strictly applied to any application for licensure or renewal of a license after the effective date of § 582-18B of the Revised Code of the Township of Irvington.
[1]
Editor's Note: Section 582-18B was originally enacted 2-25-1992 by Ord. No. MC 2941.
A. 
Prior to the use and operation of any vehicle under the provisions of this chapter, said vehicle must pass New Jersey State Inspection. The Director may examine any and all such licensed vehicles at any time or order any inspection at any time.
B. 
The Taxi Inspector, as a designee of the Director of the Department of Public Safety, is hereby authorized to make an initial and periodical inspection of taxicabs.
Every vehicle operating under this chapter shall, at all times, be maintained in a sanitary condition, shall be mechanically sound and the interior and exterior shall be kept in good order, free from dirt, dust, dents or other damage. Vehicles involved in accidents but are safe to operate may continue in service after inspection by the Director or his designee for a maximum of 30 days.
A. 
Every taxicab shall bear the following identification:
(1) 
A card at least three inches in height by five inches in length, setting forth in legible letters the name of the owner, the license number of the vehicle and year of issue, which card shall be so affixed on the side of the taximeter that it is visible to any passenger within the taxicab.
(2) 
The taxicab driver's license issued by the Director shall be so affixed as to be visible to any passenger within the taxicab.
(3) 
Each taxicab shall bear in the outside of each rear door and in the center of the rear trunk deck lid, in painted letters, in contrasting colors, not less than eight inches in length, the taxi identification number assigned by the Director, which number shall run in sequence and not be duplicated. Additionally, each taxicab shall bear on the outside of each front door, in painted letters, not less than three inches in height, in contrasting colors, the name of the owner, association of which the owner is a member or registered trade name by which the owner conducts business.
(4) 
The name of the owner or corporate owner shall be painted in legible letters two inches in height on the rear doors.
(5) 
The schedule of rates as established in § 582-23 of the Revised Code shall be painted on each of the rear doors of every taxicab operating in the Township of Irvington. Said rate schedule shall be painted in legible letters, in contrasting colors, large enough so that they are easily identifiable.
B. 
Each taxicab shall be painted a distinctive color so that it can be easily distinguished by the public. Said colors shall first be approved by the Director.
C. 
It shall be unlawful for any person to operate any vehicle not licensed under this chapter in such a manner as to mislead or tend to mislead, deceive or defraud the public into believing that said vehicle is a taxicab or is being operated as a taxicab.
D. 
In the event the name of the owner holder or the trade name of the owner holder or association includes the name of a color and said name is painted or placed on the outside front doors of the taxicab, then the color referred to in the name or association shall be the dominant color scheme of the body of the taxicab. This provision shall become effective and applied to new taxicab vehicles acquired after the effective date of this chapter.
E. 
No taxicab covered by the terms of this chapter shall be licensed if the color scheme or the name, monogram or insignia to be used thereon shall conflict with or imitate any color scheme, monogram, name or insignia used by any other person, firm or corporation operating a taxicab or taxicabs in the Township in such a manner as to mislead or tend to mislead, deceive or defraud the public.
F. 
If, after a license has been issued for a taxicab hereunder, the color scheme, name, monogram or insignia used by such person, firm or corporation operating a taxicab or taxicabs in the Township misleads or tends to mislead, deceive or defraud the public, the license for such taxicab or taxicabs may be revoked by the Director after notice to the owner.
A. 
It shall be unlawful to operate a taxicab in the Township unless there is a fully operational taximeter. All taxicabs must be equipped with an accurate taximeter fastened to the taxicab in front of the passenger compartment and visible to all passengers at all times. Such taximeter shall be operated by a mechanism of standard design and construction driven either from the transmission or speedometer shaft by a flexible and permanently attached driving mechanism and shall be sealed at all points and connections where, if manipulated, such manipulation would affect the correct reading and recording. Each taximeter shall have thereon a flag or other automatic device to denote when the vehicle is employed and when it is not employed, and it shall be the duty of the driver to throw the flag or other automatic device of such taximeter into a nonrecording position at the termination of each trip.
B. 
Any representative of the Director is hereby authorized, either on the complaint of any person or without such complaint, to inspect any taximeter. Upon discovering any inaccuracy in the taximeter, the taxicab shall be taken off the streets until the taximeter has been repaired, placed in the required working condition, re-inspected and resealed.
C. 
There is hereby established a penalty for operating a taxicab without a working taximeter in the vehicle as set forth in Chapter 1, General Provisions, Article III, Penalties.
A. 
It shall be unlawful for the owner holder or for a driver of a taxicab to charge or cause to be charged for the use of a taxicab a sum greater than the following rates:
(1) 
Between points within the Township. For conveying the first one or more passengers between any two points within the corporate limits of the Township, the rates shall be computed by use of an approved taximeter as follows:
(a) 
For the first 1/8 of a mile or any fraction thereof: $2.15.
(b) 
For each additional 1/8 of a mile or any fraction thereof: $0.35.
(c) 
For each minute of waiting time: $0.35.
(d) 
Notwithstanding the foregoing rates, there shall be a minimum charge of $3.50.
(2) 
For transporting one or more passengers from any point in the Township of Irvington to any other point within the State of New Jersey outside the Township of Irvington, there shall be an additional charge of $2 above the amount computed by the use of an approved taximeter.
(3) 
For conveying one or more passengers to any point outside the State of New Jersey, the charge shall be 1 1/2 times the meter reading.
B. 
If one or more passengers is a senior citizen 65 years or older, a discount of 10% of the final meter charge shall be granted upon proof of age.
C. 
A legible printed schedule of the aforementioned meter rates shall be conspicuously posted within the taxicab so that it is visible to the passengers, which printed schedule shall be provided by the Director. Said schedule shall also be conspicuously posted in the office of the Director and at the principal place of business of each taxicab company operating within the Township of Irvington.
All taxicab drivers must provide passengers with receipts for the cab ride at the passenger's request. All taxicabs shall have notice of this option conspicuously displayed in the taxicab.
A. 
All disputes as to the rate of fare shall be reported by the driver to the dispatcher. The dispatcher shall make a record of the dispute in the official log book. If the dispatcher is unable to resolve said dispute, he shall refer same to the Director or his designee.
B. 
It shall be unlawful for any person to fail to comply with a determination described in Subsection A of this section or hire any taxicab with intent to defraud the person from whom it is hired of the value of such services.
No person, other than the licensed driver of the taxicab, shall ride or sit in the front seat of the taxicab unless the rear seat is fully occupied by passengers. This provision shall not apply to passengers who must sit in the front seat for physical or health reasons.
A. 
It shall not be unlawful for the owner of any taxicab a holder to hire out or rent such a taxicab to a taxicab driver or any other person for use within the Township for a stipulated sum over a specified period of time, provided that:
(1) 
Said licensee driver is licensed by the Township to drive a taxicab upon the streets of the Township; and
(2) 
The owner holder files with the Director of the Department of Public Safety a certificate of insurance that the operators and drivers of such taxicabs are covered by worker's compensation insurance in accordance with the laws of the State of New Jersey. The period of insurance coverage as evidenced by said certificate shall be concurrent with the term of the taxicab driver's license.
B. 
No holder of a taxicab license or taxicab driver of a taxicab shall knowingly permit his a taxicab to be used for any illegal or immoral purpose.
A. 
No taxicab driver shall solicit passengers for a taxicab except when positioned at an open stand while sitting in the driver's compartment of such a taxicab or while standing immediately adjacent to the curb side thereof.
B. 
No taxicab driver shall solicit taxicab patronage passengers in a loud tone of voice or in any manner that annoys any person or obstructs the movement of any person or by following any person for the purpose of soliciting patronage.
Taxicab drivers shall not receive or discharge passengers in the roadway but shall pull their taxicabs as close as possible to the right-hand curb, or in the absence of a curb, to the extreme right-hand side of the road and there receive or discharge passengers. On one-way streets passengers may be discharged at either the right- or left-hand curb or side of the roadway where no curb exists.
A. 
No taxicab driver shall cruise in search of passengers except in such areas and at such times as may be designated by the Director. Such areas and times shall be designated only when the Director finds that taxicab cruising would not congest traffic or endanger pedestrians or other vehicles.
B. 
No taxicab driver shall cruise back and forth in front of or otherwise interfere with the orderly access to or egress from any place of public accommodation or assemblage.
A. 
No taxicab driver shall permit any additional passengers to occupy or ride in said taxicab unless the person or persons first employing the taxicab shall consent to the acceptance of the additional passenger or passengers.
B. 
No charge shall be made for an additional passenger except when the additional passenger rides beyond the previous passenger's destination.
C. 
Unless otherwise permitted by the Director, no taxicab driver shall permit more than four persons to be carried in a taxicab as passengers. A child under six years of age shall not be counted as a passenger for the purposes of this subsection.
No taxicab driver shall refuse or neglect to carry any orderly person or persons, upon request, to the designation requested, unless the driver is previously engaged or unable or forbidden by the provisions of this chapter to do so.
A. 
It shall be unlawful for any taxicab driver to solicit business for any hotel, motel, rooming house, bar, tavern, restaurant, theater and the like or to attempt to divert patronage from one business place to another.
B. 
No taxicab driver, when engaged in the operation of a taxicab, shall sell intoxicating liquors or use his vehicle for any illegal purpose or for any purpose other than the transportation of passengers and their baggage.
A taxicab driver, when engaged in the operation of a taxicab, shall behave in a civil and courteous manner and shall not use any indecent, profane or insulting language.
When engaged in the operation of a taxicab, a taxicab driver shall be clean and neat of person and dress. Proper footgear shall be worn at all times.
Subject to such regulations as the Director may promulgate, it shall be lawful for any person owning or operating a taxicab holder or taxicab driver to permit advertising matter to be affixed or installed on the outside of such taxicab, provided that the location of such advertising matter on the taxicab shall not interfere with the comfort of passengers or the safe operation of the vehicle. Such advertising matter shall not be of a lewd, lascivious or obscene nature.
At the termination of each trip, the driver of a taxicab shall thoroughly search the interior of such taxicab for any property lost or left therein by a passenger. Such property, unless sooner claimed or delivered to the property owner, must be reported in writing by the holder or the taxicab driver to the Division of Licensing with particulars and a brief description within 24 hours after the same has been found.
It shall be unlawful for any person owning or operating a licensed taxicab holder or taxicab driver to permit any such taxicab to be operated by any person who does not hold a valid taxicab driver's license as required by this chapter.
A. 
Every person engaged in the taxicab business in the Township operating pursuant to the provisions of this chapter shall render general taxicab service to the public desiring to use taxicabs.
B. 
Taxicab licensees or their representatives dispatchers shall answer all calls received for taxicab service within Township limits as soon as they can reasonably do so. If such services cannot be rendered within a reasonable time, they shall then notify the prospective passenger as to how long a delay there will be before the call can be answered and state the reason therefor.
C. 
Any licensee or representative holder who shall refuse to accept a call for taxicab service anywhere within Township limits at any time when such holder has a taxicab available or who shall fail or refuse to render general taxicab service shall be deemed in violation of this chapter.
No taxicab driver of any taxicab shall induce any passenger to employ him by knowingly misinforming or misleading any such prospective passenger either as to time or place of the arrival or departure of any train, motor vehicle or airplane or as to the location of any hotel, public place or private residence or as to the distance between any two points, nor shall such driver deceive any prospective passenger or make any false representations relative to the taxicab service requested.
No taxicab driver shall convey any passenger to any other place or over any route contrary to a passenger's instructions. Unless otherwise instructed by the passenger, the taxicab driver shall employ the most direct route practical between the points of departure and destination.
A. 
Except as otherwise provided in Subsection B hereof, the a holder of a taxicab license shall require each taxicab driver to maintain, and the taxicab driver of each taxicab shall maintain, a daily record upon which all trips shall be recorded. The daily record shall show the taxicab numbers, license number of the driver, specific hours of duty, time and place of origin and destination of each trip and the amount of fare received for each trip. All such records shall be furnished to the holder of the license and shall be retained by the holder for one year. The holder shall be responsible for the maintenance of daily records of all taxicabs operated by him under the holder's medallion.
B. 
In the event that one or more taxicabs are dispatched by radio from a central location, the records required by Subsection A hereof shall be maintained at said dispatch office by the holder or the dispatcher.
C. 
Every holder shall record in a book, maintained solely for such purpose, the time of departure from the garage of every licensed taxicab, the name, address and license number of the taxicab driver thereof, the license number of the taxicab and the time of the taxicab's return to the garage.
D. 
All records required by this section shall be open to inspection by representatives of the Public Safety Department. The records required to be maintained by this section shall be kept on forms approved by the Director and supplied by the holder or dispatcher to the taxicab driver.
[Amended 10-14-2015 by Ord. No. MC 3553]
[Amended 10-14-2015 by Ord. No. MC 3553]
The Director shall recommend the establishment of open stands in such places upon the streets of the Township as he deems necessary for the use of taxicabs operating in the Township. The Director shall make such recommendation to the Municipal Council after taking into consideration the needs for such stands, the convenience to the general public and the recommendations of the Public Safety Department of the Township.
A. 
All open stands shall be used by taxicab drivers on a first-come, first-served basis. A taxicab driver entering an open stand with his taxicab shall join any waiting taxicabs from the rear and advance forward as the preceding taxicabs depart.
B. 
Taxicab drivers shall remain within five feet of their respective taxicabs and shall not solicit passengers in a loud or boisterous manner or engage in loud or boisterous talk while waiting at the open stand.
C. 
Nothing in this chapter shall prevent any passenger from boarding the taxicab of his choice at any open stand.
D. 
The Director shall prescribe the maximum number of taxicabs which may occupy any open stand at one time.
E. 
Private vehicles or other vehicles for hire shall not at any time occupy a space upon the street established as an open stand.
No taxicab driver shall park or stand a taxicab in any prohibited area or in any area controlled by curb parking meters or at the curb within 15 feet of the entrance to the Irvington Bus Terminal or any theater, hotel, restaurant or similar place of public accommodation or resort with the Township.
[Amended 10-14-2015 by Ord. No. MC 3553]
The Public Safety Department shall observe the operations of the holders of taxicab and driver's licenses and of taxicab drivers for the purpose of ensuring compliance with the provisions of this chapter.
All complaints and/or reports received pertaining to the subject matter of this chapter are to be forwarded to the Director or his designee.
A. 
Prior to the suspension or revocation of a license medallion or a taxicab driver's license and/or the imposition of a monetary penalty as provided in § 582-49 of this chapter, the taxicab license holder and/or the taxicab driver shall be given written notice of the charges and shall be afforded a hearing before the Director or his designee. The taxicab license holder and/or the taxicab driver may be represented by counsel. The decision of the Director shall be subject to appeal to the Municipal Council of the Township. No such hearing, appeal or decision shall be unduly delayed.
B. 
The hearing provided for herein shall be recorded by electronic or other means.
C. 
In the event of an appeal, the licensee holder and/or taxicab driver shall at his own cost and expense cause a written transcription of such recording to be made and shall serve upon the Township Clerk seven copies of the same, together with seven copies of a written memorandum setting forth his grounds of appeal.
D. 
In the event that the party charged does not appear at the time and place of hearing, then, and in that event, the medallion and/or taxicab driver's license shall be immediately suspended, and in the discretion of the Director or his designee the matter may be referred to the Municipal Court.
A. 
Hearings. Hearings regarding the issuance of summons should be held before the Taxicab Commission. Summonses issued to owners, drivers or agents shall at a minimum provide for a hearing to take place within 14 days from the issuance of the summons. The person or persons to whom a summons is issued may be represented by counsel of their choice at such proceedings.
B. 
Foreign taxicabs. Foreign taxicabs shall be described and identified as those which are not registered with the Township and do not therefore possess a license to operate a taxicab service within the Township. Such taxicabs shall be strictly prohibited from picking up fares within the Township's geographical borders.
C. 
Applications. An application to obtain a taxicab license must be filled out with all information provided being accurate and correct. Any false information and/or misstatement regarding material information will subject the applicants' application to be rejected and the fee paid to be forfeited to the Township.
Any person who shall make any false statement in any application for a medallion and/or taxicab driver's license or in any record that he is required to maintain pursuant to this chapter shall be subject to the penalties provided in §§ 582-48 and 582-49 of this chapter.
A. 
Any taxicab licensed under this chapter may be removed from the streets by the Director or his designee if:
(1) 
The taxicab is found to be unsafe or in any way unsuitable for taxicab service, or otherwise in violation of the provisions of §§ 582-18 to 582-20 of this chapter, inclusive.
(2) 
The taximeter has been discovered to be inaccurate as provided in § 582-22.
B. 
If, within 60 days of the removal of the taxicab as provided in Subsection A of this section, the taxicab is not returned to service in full compliance with the provisions of this chapter, the Director shall issue a complaint to the taxicab license holder.
C. 
No taxicab shall be placed into service that is more than 10 years old. Age is defined by the model year and not the date placed into service. In no event is a vehicle to be placed into service that is not mechanically sound and where the interior and exterior are not in good order. A vehicle may remain in service as long as it is mechanically sound and the interior and exterior are in good order.
No person, firm or corporation shall operate or permit the operation of a taxicab dispatch office without obtaining a medallion license therefor from the Director.
A. 
A holder seeking a license to operate a dispatch office shall file an application for a taxicab dispatch office license with the Director upon forms provided by him. Said application shall be under oath and shall contain the following information:
(1) 
The name and address of the applicant and, when the applicant is not a natural person, the names and addresses of all owners of the legal entity and all officers, directors and others of like position, whatever their titles.
(2) 
The address at which the dispatch office is to be maintained.
(3) 
The names and addresses of any holder and any taxicab driver's owners operating out of using the dispatch service office.
B. 
In the event that a license to operate a taxicab dispatch office is granted, the holder thereof shall report any changes in the information contained in the application therefor to the Director within seven days.
A taxicab dispatch office license shall be for the year ending January 31 and shall expire on that date. No dispatch office license shall be issued or renewed unless the applicant therefor has paid an annual licensing fee of $535.
No dispatch office licensed hereunder shall render service to or on behalf of any unlicensed taxicab or taxicab driver. All taxicab licenses issued to the holder shall be on file at all times at the dispatch office from which such taxicabs are dispatched.
Any taxicab company who attempts to employ a taxicab driver from another taxicab company licensed to operate in the Township of Irvington must first secure a letter that such prospective driver is in good standing with the company that the driver is leaving; that said driver does not owe or have any outstanding financial obligation to the company that he is leaving; and that said driver does not owe the Township of Irvington for any outstanding fines or violations.
[Added 6-27-2017 by Ord. No. MC 3610]
Except as otherwise provided in this chapter, the fines for violations of this chapter are as follows:
Section
Short Description
Payable Amount
§ 582-3
Insurance required, first offense
$150
§ 582-4
Taxi license required, first offense
$75
§ 582-18
Safety requirements, first offense
$75
§ 582-19
Inspections, first offense
$150
§ 582-20
Maintenance of taxicab in clean and sanitary condition, first offense
$50
§ 582-21
Taxicab identification, first offense
$50
§ 582-22
Taxicab meter, first offense
$500
§ 582-23
Nonuse of taximeter
$250
§ 582-26
Front seat restriction, first offense
$75
§ 582-32
Refuse to carry passengers
$50
§ 582-34
Conduct of drivers, first offense
$150
§ 582-36
Advertising, first offense
$50
§ 582-38
Operation of a taxicab by an unlicensed driver, first offense
$150
§ 582-45
Parking and standing of taxicab prohibited in certain locations
$50
§ 582-51
Removal of taxicab from service, first offense
$150
§ 582-55
Dispatch service to unlicensed taxicab, first offense
$350