[Added 3-1-2016 by Ord. No. 9-2016]
For the purposes of this article, the following terms shall be defined as follows:
PERSON
Any individual, partnership, corporation or association.
PUBLIC SAFETY DIRECTOR
The Commissioner assigned by the Board of Commissioners to be the Director of the Department of Public Safety pursuant to § 2-5 of the Code of the City of Millville.
STREET
Any street, avenue, park, parkway, highway or other public place.
TAXICAB
Any automobile, motor vehicle or other vehicle, commonly called "taxi," engaged in the business of carrying passengers for hire, which is held out, announced or advertised to operate and run or which is operated or run over any of the streets or the public highways of this City and, particularly, accepts and discharges such persons as may offer themselves for transportation from points or places to points and places.
TAXIMETER
A meter instrument or device attached to a taxicab upon which the fare is based, which measures mechanically the distance driven and the waiting time.
WAITING TIME
The time when a taxicab is not in motion, from the time of acceptance of a passenger to the time of discharge, but does not include any time that a taxicab is not in motion due to any cause other than the request, act or fault of a passenger.
No person may cause a taxicab to be operated without first having obtained a taxicab owner's license from the City Clerk of the City of Millville. No person may operate a taxicab without first having obtained a taxicab operator's license from the City Clerk.
All applications shall be in writing on forms approved by the City Clerk. All applications for taxicab owner's and operator's licenses shall be completed in their entirety and filed with the City Clerk. Any application which is deemed incomplete by the City Clerk or his/her designee shall be rejected. All completed applications shall have the date and time that they have been received recorded thereon.
A. 
Taxicab operator's license.
(1) 
All applications for a taxicab operator's license shall contain or be accompanied with the following:
(a) 
The name, age and residence of the applicant. A post office box is not acceptable.
(b) 
The names and addresses of two references residing in the City of Millville.
(c) 
The full amount of the license application fee hereinafter prescribed.
(d) 
Other information deemed appropriate by the Director of Public Safety and/or the Chief of Police.
(2) 
All applicants shall have the following qualifications:
(a) 
An applicant shall be at least 20 years of age with three years' driving experience.
(b) 
An applicant shall be a citizen or legal resident of the United States.
(c) 
An applicant shall have a valid New Jersey driver's license.
(d) 
An applicant shall be able to communicate in the English language.
(e) 
An applicant shall be disqualified from operating or driving a taxicab if a criminal history background check and/or driver's abstract required pursuant to § 33-162A(3) revealed a record of conviction of any of the following crimes or offenses:
[1] 
In New Jersey or elsewhere, any crime or offense 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, N.J.S.A. 2C:39-4 or N.J.S.A. 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 A(2)(e)[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. 39:4-49.1, N.J.S.A. 39:4-50 et seq. or N.J.S.A. 39:4-51 et seq. or its equivalent in any other state, territory, commonwealth or other jurisdiction of the United States, which has occurred in the last 10 years prior to the application being submitted.
(f) 
An applicant shall have further qualifications that the Director of Public Safety may deem appropriate and necessary to determine the fitness of the applicant to operate a taxicab.
(g) 
Notwithstanding anything herein to the contrary, if a person who has been convicted of one of the crimes or offenses enumerated in Subsection A(2)(e)[1] and [2] of this section can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a taxicab.
(3) 
An application shall not be deemed complete unless accompanied by a current and complete criminal history and a current and complete State of New Jersey Certified Motor Vehicle Abstract of each driver employed by or otherwise associated with the taxicab owner. If deemed necessary by the Millville Police Department, each applicant shall be fingerprinted by the Millville Police Department or such other agency that regularly performs background checks for the City of Millville.
(4) 
An operator's license shall not be transferable.
(5) 
Upon submission of an application, the Millville Police Chief shall cause an investigation to be made to determine whether the applicant meets the qualifications as set forth herein. The Millville Police Chief shall submit his/her report of findings to the City Clerk.
(6) 
The City Clerk shall submit his/her recommendations for the issuance of a taxicab operator's license to the Board of Commissioners for consideration. When the Board of Commissioners has determined to grant such license, it shall do so by resolution. Upon the adoption of such resolution, the City Clerk shall sign all licenses and issue to each approved operator an operator's license in accordance herewith.
(7) 
Each applicant who has been approved for an operator's license as prescribed herein shall be issued an operator's license which shall contain a photo identification of the operator. Said license shall be displayed conspicuously on the dashboard of the taxicab being operated in plain view of the passenger. Said license shall be presented at any time upon the request of any police officer, the Code Enforcement Officer, the Director of Public Safety, any authorized City agent or any passenger. Every operator's license shall have affixed thereto the City license number, date of issue and date of expiration.
(8) 
Each taxicab operator licensed in accordance herewith shall be required to comply with Subsection A(3) every year, which shall be completed prior to the date of expiration of their current license.
B. 
Taxicab owner's license.
(1) 
All applications for a taxicab owner's license shall contain or be accompanied by the following:
(a) 
The names, age and residence of the applicant. A post office box is not acceptable.
[1] 
If a partnership, the names, ages and residences of all partners along with the business address of the partnership.
[2] 
If a corporation, the names, ages and residences of its president, secretary and treasurer along with its certificate of incorporation, certified copy of resolution authorizing this application and a certificate of good standing issued by the State of New Jersey not more than 30 days prior to the date of application. Application of any corporation shall be signed by its president and attested by its secretary.
[3] 
If a limited liability company, the names, ages and residences of all of its members, name, age and residence of managing member, certified copy of the resolution authorizing the application, certificate of good standing issued by the State of New Jersey not more than 30 days prior to the date of the application.
(b) 
A description of the vehicle or vehicles to be licensed, including the year, make and model, seating capacity, vehicle identification number and license plate number thereof. Should the applicant not have this information at the time his/her application has been filed with the date and time of receipt recorded thereon, then, in that event, this information must be supplied to the City Clerk prior to the issuance of an owner's license.
(c) 
The owner of such taxicab to be licensed in accordance herewith shall file with the City Clerk for each taxicab operated an 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 of not less than $35,000 to satisfy all claims for damages by reason of the bodily injuries to, or the death of, all persons on account of any such accident by reason of the ownership, operation, maintenance or use of such taxicab upon any public street; and conditioned for the payment of a sum not less than $5,000 to satisfy any claim for damages to property of any one person resulting from an accident and a sum not less than $5,000 to satisfy all claims for damages to property of all persons on account of any such accident by reason of the ownership, operation, maintenance or use of such taxicab upon any public street.
(d) 
The names and addresses of two references residing in the City of Millville.
(e) 
The full amount of the application fee herein prescribed.
(f) 
Other information deemed appropriate by the Director of Public Safety.
(2) 
All applicants for a taxicab owner's license shall have the following qualifications:
(a) 
An applicant shall be at least 18 years of age. All partners, corporate officers or members of the limited liability company applicant shall be at least 18 years of age.
(b) 
All applicants shall be a citizen or legal resident of the United States. All partners, corporate officers or members of a limited liability company applicant shall be a citizen or legal resident of the United States.
(c) 
An applicant shall be disqualified from obtaining a taxicab owner's license if any persons enumerated in § 33-162B(1)(a) 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, N.J.S.A. 2C:39-4 or N.J.S.A. 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(2)(c)[1] of this section.
[3] 
In New Jersey or elsewhere, the conviction of an alcohol- or drug-related traffic offense enumerated in Title 39-4 et seq., which has occurred in the last 10 years prior to the application being submitted.
(d) 
(Reserved)
(e) 
An applicant shall have such further qualifications that the City Clerk or Police Chief may deem appropriate and necessary to determine the fitness of the applicant to own a taxicab.
(f) 
Notwithstanding anything herein to the contrary, if a person who has been convicted of one of the crimes or offenses enumerated in Subsection B(2)(c)[1] and [2] of this section can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a taxicab.
(3) 
Upon receipt of the completed application by the City Clerk, and provided that an owner's license is available for distribution by the City of Millville, the application shall be forwarded to the Director of Public Safety or his/her designee and Chief of Police, who shall cause an investigation to be made in accordance herewith, and thereafter he/she shall provide his/her findings and recommendations to the City Clerk. In the event an owner's license is not available for distribution by the City of Millville, the application shall be placed on file with the City Clerk with the date and time recorded thereon in accordance herewith. As owner's licenses become available they shall be offered to those applicants in the order of the date and times upon which each completed application was received and filed, the earliest having the first option to acquire said license in accordance herewith. Notice of availability shall be sent by certified mail and regular mail simultaneously, requiring the applicant to respond within 20 days of mailing by notifying the City Clerk in writing of his/her interest to acquire the available license. Should there be no response within said time, or should notice to the address given in the application be undeliverable or returned, notice shall then go the next applicant based upon the date and time of receipt of the completed application. It shall be the applicant's obligation to notify the City Clerk of any change of address.
(4) 
Upon compliance with all requirements specified herein, the City Clerk shall issue a certificate in duplicate showing that the owner of the taxicab or taxicabs has complied with the terms and conditions of this chapter for each taxicab to be operated by the owner's license holder. The certificate shall recite the name of the insurance company, the number and date of expiration of the policy or bond, a description of the taxicab insured thereunder and the registration number of the same. Upon issuance of a certificate of compliance, the Board of Commissioners shall consider the adoption of a resolution authorizing the issuance of an owner's license. The duplicate certificate shall thereafter be filed with the Motor Vehicle Commission before any such car is licensed as a taxicab in the City of Millville. A certificate of compliance duly filed in accordance herewith and accompanying resolution is required for each taxicab being operated by the owner's license holder.
(5) 
Each applicant who has been approved for an owner's license as prescribed herein shall be issued an owner's license, which shall contain a photo identification of the owner. Said license shall be displayed conspicuously on the dashboard of the taxicab being operated in plain view of the passenger in addition to the certificate of compliance. Said license shall be presented at any time upon the request of any police officer, the Code Enforcement Officer, the Director of Public Safety, any authorized City agent or any passenger. Every owner's license shall have affixed thereto the City license number, date of issue and date of expiration.
Any new license issued hereunder shall be valid from its date of issuance until December 31 of the same year. Thereafter, a renewal license shall be valid for one year from January 1 to December 31.
The nonrefundable fees shall be as follows:
A. 
New owner's license application fee: $75 for each taxicab per year.
B. 
Renewal of owner's license: $75 per taxicab.
C. 
Transfer of owner's license: $75.
D. 
New operator's license: $75.
E. 
Renewal of operator's license: $75.
F. 
Replacement operator's license: $20.
A. 
No owner's license shall be issued until the owner of such taxicab shall have filed with the City Clerk an insurance policy in accordance with § 33-162B(1)(c).
B. 
An owner's license shall become effective and operation thereunder shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amounts as aforesaid.
C. 
If an owner's license holder operates more than one taxicab, he/she may file with the City Clerk, in lieu of the insurance policy required by § 33-162B(1)(c) herein, a bond or insurance policy of a company duly licensed to transact business under the insurance laws of this state in the sum of $50,000, which shall be a blanket insurance covering all taxicabs operated by the owner's license holder, which shall provide for the payment of any final judgment involved by any person on account of the ownership, maintenance and use of any such taxicabs or any fault with respect thereto, and shall be for the benefit of any person suffering loss, damage or injury as aforesaid.
D. 
Where a taxicab owner has a principal place of business other than the City of Millville, said taxicab owner shall, prior to operating in the City of Millville, file with the City Clerk the insurance policy or bond required by §§ 33-162B(1)(c) and 33-165C as well as the certificate of compliance required by N.J.S.A. 48:16-6.
E. 
The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance or use of the taxicab or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
Pursuant to N.J.S.A. 48:16-5, every owner shall execute and deliver to the City Clerk, concurrently with the filing of a policy or bond aforesaid, a power of attorney, wherein and whereby the owner shall appoint the City of Millville Chief Financial Officer his/her true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy or bond filed.
Every owner, before obtaining a license hereunder, shall have and maintain in the City of Millville an office with telephone service for the purpose of receiving telephone calls from prospective passengers and from where said taxicab may be dispatched to provide taxicab service to a prospective passenger. The owner's license shall be maintained in said office, and said license shall be conspicuously displayed.
A. 
The maximum number of owners' licenses issued hereunder shall be 28, and no new license shall be issued to exceed this number; provided, however, that this limitation shall not prevent renewals or person-to-person transfer of owners' licenses issued and outstanding.
B. 
No owner's license shall be transferred from one owner to another unless said prospective owner has complied with all of the terms and conditions contained herein and required for the issuance of an owner's license.
A. 
Any taxicab owner's and/or operator's license may be renewed for a succeeding license term to replace a license which expired or is due to expire on the last day of the immediately preceding license term; provided, however, that said license is for the same owner or operator as the expired or expiring license, covers the same taxicab, is issued to the holder of the expired or expiring license and is issued pursuant to an application therefor which shall have been filed with the City Clerk prior to the commencement of said new license term or not later than 30 days after the commencement thereof. Taxicab owner's and/or operator's licenses issued otherwise than aforesaid shall be deemed new licenses.
B. 
A change of residence by any owner or operator shall be reported in writing to the City Clerk within 30 days after such change.
A. 
The Board of Commissioners may designate by ordinance certain locations within the City for use as taxi stands as it deems necessary for public convenience.
B. 
Only taxicabs licensed hereunder shall occupy any part of said taxi stands.
C. 
All taxi stands shall be used by operators on a first-come-first-served basis. An operator entering a taxi stand in a taxicab shall join behind any waiting taxicabs and advance forward as the preceding taxicabs depart.
D. 
Taxicab owners shall maintain the sanitary condition of taxi stands and shall provide properly screened refuse storage areas for the use of operators and customers on lands other than the City-owned miniparks and adjacent drives and walkways. An owner's right to use taxi stands shall be subject to revocation by the Board of Commissioners upon submission of documented evidence of litter/trash ordinance violations by the Police Department or any City Code Enforcement Official.
A. 
Any taxicab occupying a taxi stand shall be immediately available for hire. Upon request, no owner or operator, unless previously engaged, shall refuse or neglect to carry any orderly person anywhere within the City. No owner or operator shall leave a vehicle unattended or in any other manner render said vehicle unready for immediate use while occupying any taxi stand.
B. 
No owner or operator shall permit any person, other than a passenger being transported for hire, in or about such taxicab when in service as a taxicab.
C. 
No operator shall cruise on streets of this City with any taxicab at any time for the purpose of soliciting passengers or to bring the presence of the taxicab to the attention of prospective passengers. A taxicab being driven along the City streets for any purpose other than transporting a passenger, going to a specified destination by the most direct route in response to a call for a taxicab by a prospective passenger or returning by the most direct route to the taxicab's home terminus after discharging a passenger, or going to or from said terminus to the operator's home by the most direct route, shall be prima facie evidence of cruising.
D. 
No owner or operator shall induce any person to employ him by knowingly misinforming or misleading any such person, either as to the time or place of arrival or departure of any train or bus or as to the location of any hotel, public or private place, nor shall any such owner or operator deceive any person, make false representations to him or convey any passenger to any other place or over any other route than that indicated by the passenger.
E. 
No owner or operator who has accepted an order to call at any point in the City of Millville for the purpose of conveying any person to any other point in said City or the surrounding community shall neglect or unreasonably delay to execute the order. Any order delivered to and accepted by a person in charge of the garage, office or home of the operator shall be considered as having been delivered to and accepted by the owner or operator.
F. 
Transport of children.
(1) 
Every taxicab operator hereunder who transports a child under the age of five years shall be responsible for the protection of the child by properly using a state or federally approved child passenger restraint system.
(2) 
No operator shall transport a child five years of age or younger unless a child 18 months of age or younger is a rear seat passenger secured in a state or federally approved child passenger restraint system and a child over 18 months of age but less than five years is a rear seat passenger secured in either a state or federally approved child passenger restraint system or secured in a lap belt or lap belt and shoulder harness.
G. 
Taxicab owners shall ensure that each taxicab:
(1) 
Is safe, clean and sanitary to transport passengers.
(2) 
Is properly equipped with an approved child passenger restraint system as described in Federal Motor Vehicle Safety Standard Number 213.
(3) 
Carries, in such position viewable from the outside, an electric sign not less than five inches by nine inches nor more than six inches by 10 inches which shall be illuminated at night and shall plainly show the word "Taxi" and the number of the owner's license in legible letters and figures.
(4) 
Has painted on each side thereof, in letters at least three inches high, the word "taxi" or "cab" or the name of the operating owner containing the word "taxi," "cab" or "taxicab."
(5) 
Does not have any visual structural or mechanical deficiencies for which a motor vehicle registration would be denied.
(6) 
Complies with any and all other provisions of this chapter.
H. 
The Police Department shall have inspection power under this section.
I. 
Each taxicab licensed in accordance herewith shall have affixed in a conspicuous location within the taxicab so that any passenger may read the same a sign or sticker indicating: "If you have any complaints regarding this taxicab or taxi operator, you may lodge your complaints by filing a written notice with the City Clerk of the City of Millville, 12 South High Street, P.O. Box 609, Millville, New Jersey 08332."
J. 
If for any safety reason an operator believes that a customer should not be served, said operator shall not be required to provide service to said customer.
An owner who discontinues taxicab service or fails, without good cause, to operate and maintain the taxicab for more than 90 consecutive days shall immediately surrender his taxicab license to the City Clerk for cancellation. Failure so to do shall be sufficient cause for suspension or revocation of said taxicab license.
A. 
All taxicabs shall be equipped with taximeters fastened in front of the passengers, visible to them at all times, day and night. After sundown, the face of the taximeter shall be illuminated. Said taximeter shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. They shall be sealed at all points and connections which, if manipulated, would affect their correct reading. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed, and it shall be the duty of the operator to throw the flag of such taximeter into a nonrecording position at the termination of each trip. The Police Chief or any police officer is authorized, either on complaint of any person or without such complaint, to inspect any taximeter and, upon discovering any inaccuracy therein, to notify the taxicab operator to cease operation. Thereupon, said taxicab shall be kept off the highways until the taximeter is repaired and in required working condition.
B. 
All taximeters required in accordance herewith shall have been properly inspected and have affixed thereto proof of compliance with the State of New Jersey, Department of Weights and Measures. No taxicab owner's license shall be issued nor shall any taxicab operate without the prior compliance with this section.
A. 
No owner or operator of a taxicab or other vehicle for hire shall charge a sum greater than the following fares for the use of said vehicle:
(1) 
A minimum fare of $3.25 is established.
(2) 
Mileage rates: $1.60 shall be charged upon entering the taxicab, also known as the "drop fare," and $2 for each additional meter mile. Fractions of each mile shall be calculated at the rate of $0.20 per 1/10 of a mile.
(3) 
Plus $0.50 for each article of luggage or baggage for each passenger.
(4) 
Waiting time at the rate of $0.40 for each minute.
B. 
Every taxicab operated hereunder shall have a rate card setting forth the authorized rates of fare displayed in plain view of all passengers.
An operator shall, upon demand by a passenger, provide such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number or motor number, amount of meter-reading charges and date of transaction.
A. 
The Board of Commissioners reserves the right by adoption of a resolution to make such rules and regulations for 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 citizens of the City. Any violation of said rules and regulations shall constitute a violation of this chapter, punishable as provided hereunder.
B. 
The Director of Public Safety, his/her designee or the Chief of Police may, with the approval of the Board of Commissioners, make reasonable regulations not inconsistent herewith for the conduct of owners and operators hereunder.
Any owner's or operator's license may be denied, revoked or suspended at any time for cause for the violation of any provision hereunder or any other City ordinance. The licensee may make a written request for a hearing within 10 days from date of denial, revocation or suspension. The hearing shall be held before the Director of Public Safety, his/her designee. Such denial, suspension or revocation may be in addition to or instead of penalties prescribed by § 33-178 hereunder. A suspended or revoked license shall not be reissued except for good and sufficient reasons shown.
A. 
Any person who shall violate any provision of this article, upon conviction thereof, shall be punishable as provided in Chapter 1, General Provisions, Article III.
B. 
Each violation of any of the provisions of this article and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
C. 
Unless another law is stated to the contrary, the Millville Municipal Court shall have jurisdiction over the violations and penalties set forth in this section.