A.
Applications for taxicab business licenses shall be made by the owner
upon forms to be furnished by the Municipal Clerk. The application
shall contain the full name and address of the owner/applicant, the
year, type and model of vehicle for which the license is desired and
the number of persons the manufacturer's specifications permit
the year, make and model of the vehicle to legally and safely carry.
Such application shall be accompanied by the required fee. No license
shall be issued for a vehicle that cannot accommodate a minimum of
three passengers.
B.
An applicant shall be disqualified from obtaining a taxicab business
license if any individual with an ownership interest in the business
for which a license is being sought shall have a record of conviction
of any of the following crimes or offenses:
(1)
In New Jersey or elsewhere, any crime as follows: aggravated assault,
arson, burglary, escape, extortion, homicide, kidnapping, robbery,
aggravated sexual assault, sexual assault, or endangering the welfare
of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with
or having in his possession any weapon enumerated in Subsection r
of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A.
2C:39-3, 2C:39-4 or 2C:39-9 or a disorderly persons or petty disorderly
persons offense for the unlawful use, possession or sale of a controlled
dangerous substance as defined in N.J.S.A. 2C:35-2.
(2)
In any other state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection B(1) of this section.
(3)
In New Jersey or elsewhere, the conviction of an alcohol- or drug-related
traffic offense enumerated in N.J.S.A. 39:4-1 et seq. which has occurred
in the last 10 years prior to the application being submitted.
C.
There shall be a maximum of two taxicab business licenses available
for issuance. Taxicab business licenses shall be sold by public auction
conducted or supervised by the Borough Clerk in accordance with N.J.S.A.
48:16-2.1 et seq. The Borough Council shall set by resolution a minimum
bid and conditions of sale with the reservation of the right to reject
all bids when the highest bid is not accepted. All eligible applicants
interested in obtaining a taxicab business license may attend and
bid on the license(s) available at the auction. The cost of the auction
shall be borne by the recipient of the taxicab business license issued
by such auction.
D.
Every taxicab owner shall operate his business from an established
place of business, located in a proper zone, and the established business
shall be advertised in the telephone book, listing the address and
telephone number of the business. Additionally, every taxicab owner
shall have obtained the proper business license from the Municipal
Clerk's office.
A.
The annual license renewal fee for each taxicab shall be $50, which
shall be payable on or before January 1. The licensing period shall
extend from January 1 until December 31. The fee imposed herein shall
be to defray the cost of administering, regulating and enforcing this
chapter and to defray the cost of the inspections required pursuant
to the terms of this chapter.
B.
An annual license fee that remains unpaid after March 1 of the licensing
year shall cause the license to revert back to the Borough upon notice
to the license holder.
A.
Upon approval and granting of a license for the operation of a taxicab
within the Borough, the Municipal Clerk shall provide the license
holder with a card containing the name of the applicant, the Borough
number in one-and-one-half-inch letters, the number of persons the
vehicle is authorized to transport and notice that in case of any
complaint, complaint forms are available at the Penns Grove Police
Department and in the office of the Municipal Clerk. Only after the
vehicle has been inspected will a decal be issued.
B.
Every taxicab owner shall operate each licensed taxicab on a regular
basis for at least eight hours per day for a minimum of five days
weekly, and there shall be no inoperative licenses allowed. In the
event a taxicab license is not used for a period of nine consecutive
months, the license shall revert back to the Borough of Penns Grove,
after notice to the license holder, with an opportunity to be heard
before the Borough Council.
A.
Each taxicab licensed pursuant to this chapter shall display the
Borough license number on the exterior of the vehicle. The number
shall be three inches in height and located in the center of the rear
quarter panels on the driver and passenger sides and the rear center
line of the trunk of the vehicle.
B.
Each taxicab shall display on each rear door of the taxicab the name
"Penns Grove Borough" in letters three inches in height.
C.
The Borough decal shall be placed in the center of the front windshield
behind the rear-view mirror of the vehicle.
D.
A Penns Grove taxi rate card listing the rates as contained in § 413-16 herein shall be displayed in a prominent fashion in the vehicle so as to be able to be read by any passenger therein.
E.
There shall also be a notice prominently displayed in the passenger
compartment of the vehicle informing the passengers of their right
to occupy the taxicab alone at no additional charge. The notice shall
be no less than eight inches by 10 inches in area and contain lettering
no less than 1/2 inch in size. In addition, should the Borough issue
a form of notice, the form shall be the only one used in any taxicab.
F.
Every taxicab shall have a permanent illuminated taxi sign and be
plainly marked as a taxicab, and such illuminated taxi sign shall
be in operation when the taxicab is commercially employed. Additionally,
every taxi company shall have its own color which will be registered
with the Municipal Clerk. All taxis owned by a company shall be painted
accordingly.
G.
Each taxicab operated within the Borough of Penns Grove shall have
a sign painted on each front door. The sign shall contain the owner's
name and the word "Taxicab" or "Taxi" in letters which are not less
than four inches nor more than eight inches in height.
H.
In addition to a sign containing the name and telephone number of
the taxicab company, each vehicle shall be allowed to carry an advertisement
fastened to the rear of the vehicle which shall comply with all relative
motor vehicle regulations of the State of New Jersey, and it shall
not be higher than the lowest part of the rear window of the vehicle
so as not to interfere with the rear-view vision of the driver.
A.
No owner of a vehicle shall be issued a taxicab license until that
vehicle has been thoroughly and carefully inspected, especially with
regard to the brakes and front end, and examined by a person designated
by the Borough Council and found to be in a thoroughly safe condition
for the transportation of passengers. Side curtains, shades and/or
dark, smoke glass shall not be permitted on any such vehicles.
B.
No vehicle known as a "two-door body" or "two-door hatchback" shall
be issued a taxicab license.
C.
The Borough Police Department and Municipal Clerk shall maintain constant vigilance over all taxicabs to see that they are kept clean and in a condition of safety for the transportation of passengers and, to this end, shall have the right at any and all times to inspect any and all licensed vehicles and shall maintain a record of all inspections. A copy of the inspection records shall be kept on file in the Municipal Clerk's office in compliance with Subsection A above. The records shall also include all violations of this chapter and all violations of the motor vehicle laws by the license holder.
D.
Every taxicab owner shall cause to have his or her taxicab or taxicabs
inspected annually in September prior to renewal of the license or
upon initial application at a location designated by the Borough of
Penns Grove.
E.
The owner or owners of any taxicab shall inspect or cause to be inspected
each taxicab at least once a day, but prior to each and every shift,
for any visible defects, cleanliness and to see that all required
information is posted in each taxicab. The inspection form will be
filed with the taxicab owner for a period of one day.
F.
Every taxicab owner shall repair all body damage to each vehicle
within 30 days from the date the damage is discovered.
A.
Transfer of vehicles under business license.
(1)
It shall be unlawful for any owner of a licensed taxicab to sell,
lease, rent, assign, or transfer a taxicab license without the permission
of the Municipal Clerk, nor shall any owner of a taxicab hire out
or rent a taxicab to a taxicab driver or any other person for use
within the Borough for a stipulated sum over a definite period of
time.
(2)
No taxicab license shall be transferred to another vehicle without
the approval of the Municipal Clerk. A transfer fee of $50 shall be
due upon obtaining the approval of the Municipal Clerk.
(3)
In the event the holder of a taxicab license desires to transfer
such license to another vehicle owned, registered and insured in his/her
name, the insurance card, containing the year and model of the vehicle,
shall be presented to the Municipal Clerk forthwith. A copy of the
New Jersey Division of Motor Vehicles transfer certificate shall be
submitted to the Municipal Clerk, upon receipt of the same from the
Division of Motor Vehicles.
B.
Transfer of taxicab business license. No owner of a taxicab business
license shall sell, lease, rent, assign or transfer a taxicab business
license without the approval of the Borough Council.
A.
In order to ensure the safety of the public, it shall be unlawful
for the owner or the lessee of any taxicab to operate or cause to
permit such taxicab 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. 48:16-1 et seq. and the acts amendatory
thereof or supplemental thereof; provided, however, that the holder
of the license must have in effect a valid insurance policy of a company
duly licensed to transact business under the insurance laws of the
State of New Jersey conditioned for the payment of a sum not less
than $100,000 to satisfy all claims for damages, by reason of bodily
injury to, or the death of, any one person resulting from an accident,
by reason of the ownership, operation, maintenance, or use of such
taxicab upon any public street, and the sum of $50,000 to satisfy
any claim for damages to property.
B.
Upon the failure of the license holder to file the insurance certificate
with the Municipal Clerk or upon notice served to the Municipal Clerk
that the insurance coverage of the license holder has been revoked
or suspended, the Municipal Clerk shall refuse to issue the license
or shall notify the Chief of Police who shall, after notification
to the license holder, forthwith remove the license. If, after 30
days, proof of insurance is not submitted to the Municipal Clerk,
the taxicab license shall immediately revert back to the Borough.
C.
The owner of each taxicab license is to have insurance as required
herein which shall name the Borough of Penns Grove as a coinsured.
The Municipal Clerk shall keep a register of the name of each
person owning or operating a vehicle or vehicles licensed under this
chapter, together with the license number and the make and description
of such vehicle with the date and complete record of inspection of
the vehicle.
A.
Owner's duty to maintain a safe vehicle. The owner of a taxicab
license shall be responsible for maintaining all licensed vehicles
in a clean and safe condition for the transportation of passengers
for hire.
B.
Suspension of taxicab license. The owner of any licensed taxicab found to be unsafe for the transportation of passengers after inspection in accordance with § 413-9 shall be notified that the taxicab license is suspended until the vehicle is made safe for operation. A copy of the inspection report listing the unsafe items shall be given to the operator with the notice that the taxicab license is suspended until the vehicle is made safe; the notice and report shall be signed by the inspecting officer. An additional copy of the notice and report shall be mailed to the owner's last known address.
C.
Summons and complaint. Any owner or operator who knowingly allows
his vehicle to transport passengers for hire after the license has
been suspended shall receive a complaint and summons returnable in
the Borough of Penns Grove Municipal Court served upon the owner by
mailing a copy to his last known address or by serving a copy upon
the operator of the vehicle.
No driver of any taxicab shall seek employment by repeatedly
and persistently driving his taxicab to and from in a short space
or otherwise interfering with the proper and orderly access to or
egress from any theater, hall, hotel, public resort, or other place
of public gathering, and no driver shall solicit passengers for a
taxicab.
Every driver of a taxicab who discovers any property lost or
left in the taxicab must report in writing to the Police Department,
with brief particulars and description of the property, within 24
hours after his finding thereof, unless sooner claimed or delivered
to the owner. Any unclaimed property in a taxicab must be turned over
to the Police Department within 24 hours of its discovery by the driver
or owner of the taxicab and held until claimed or released by the
Police Department in accordance with Police Department regulations.
