[HISTORY: Adopted by the Mayor and Council of the Township
of Mount Olive 5-26-2015 by Ord.
No. 14-2015.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former Ch. 379, which consisted of Art. I, Limousine and Livery Service, adopted 11-15-1988 by Ord. No. 39-88 (Ch. 249, Art. I, of the 1990 Code), as amended, and Art. II, Taxicabs, adopted 11-29-1988 by Ord. No. 42-88 (Ch. 249, Art. II, of the 1990 Code), as amended.
As used in this article, the following terms shall have the
meanings indicated:
Any person who drives a regulated vehicle.
Any person, corporation, partnership, or association who
operates any regulated vehicle.
Any person, corporation, partnership, or association in whose
name any regulated vehicle is registered with the Department of Motor
Vehicles.
Any automobile or motor car, commonly called "taxi," engaged
in the business of carrying passengers for hire which is held out,
announced, or advertised to operate or run or which is operated or
run over any of the streets or highways of this state and particularly
accepts and discharges such persons as may offer themselves for transportation
from points or places within or without the state.
A.
Taxi businesses operated within the Township of Mount Olive. It shall
be unlawful to operate any regulated vehicle within the Township of
Mount Olive unless the vehicle and the driver thereof are licensed
and insured pursuant to N.J.S.A. 48:16 et seq.
B.
Each application for a taxi license required by § 379-2 shall be submitted to the Township Clerk on forms provided by the Township.
C.
Each application shall be accompanied by all of the following:
(2)
A fully completed application.
(3)
Three recent photographs of passport size (two inches by two inches).
One shall be retained by the Town Clerk, another shall be affixed
to the police background investigation file, and the third shall be
affixed to the taxi license as issued by the Police Department and
signed by the Chief of Police or his designee.
D.
Any person who operates a taxi service in the Township of Mount Olive
shall notify the Township Clerk of the name, address and driver's
license number of every driver employed by the taxi service. Each
operator or driver of the taxi for which the owner thereof is seeking
the consent to operate in the Township shall additionally be listed
on a separate application. All applicants will submit to a thorough
criminal history background check as directed by the Chief of Police
before being issued a license to operate a taxi within the Township.
A.
Each applicant for any taxi license shall provide proof of insurance
with their application to the Township Clerk that meets the following
requirements:
(1)
It shall be issued by an admitted insurance company duly licensed
to transact business under the insurance laws of this state or required
to do business in this state.
(2)
Minimum coverage requirements for each regulated vehicle are $500,000
per occurrence.
(3)
Operators must produce proof that the required insurance policy will
be in effect and has been prepaid for the entire period the requested
license will be effective (usually January 1 through December 31).
B.
Each owner shall also execute and deliver to the Township Clerk the
required power of attorney in accordance with N.J.S.A. 48:16-5, as
amended and supplemented from time to time.
C.
Upon the filing and verification of the required insurance policy,
the application shall be referred to the Zoning Department, which
shall make a recommendation as to whether the applied-for business
can operate from the listed location under existing zoning laws.
D.
Upon approval from the Zoning Department, the application, along
with a completed certificate of compliance for taxi and/or limousine/livery
service (as required per N.J.S.A. 48:16-6 and 48:16-17), will be referred
to the Chief of Police, who shall conduct a background investigation
on the applicant and any employed drivers listed on separate applications.
He will then make his recommendation with respect to the granting
or rejection of the application(s).
E.
Upon approval by the Chief of Police, the application will be forwarded
back to the Township Clerk for approval by the Township. No license
shall be issued until the application has been approved by the Township,
after favorable recommendation from the Zoning Department and the
Chief of Police.
F.
No license shall be issued until and unless the applicant has complied
with the provisions of N.J.S.A. 48:16 et seq., with respect to proof
of insurance and delivery of power of attorney.
G.
Upon the issuance of a license by the Township, the Township Clerk
shall issue an original and a duplicate copy of a certificate of compliance
showing that the owner of the regulated vehicle has complied with
the terms and provisions of this chapter and has been duly issued
a license. The certificate of compliance shall recite the name of
the insurance company, the number and date of the expiration of the
policy or bond, a description of the taxicab insured thereunder, and
the vehicle registration number of the same. The duplicate certificate
of compliance shall be filed with the New Jersey Motor Vehicle Commission
before any such car is registered as an autocab. The original certificate
of compliance shall be posted in a conspicuous place within the autocab.
A.
A person shall be disqualified from operating or driving a regulated
vehicle if a criminal history record background check required pursuant
to this subsection reveals a record of conviction of any of the following
crimes:
(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 other than 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(1) of this subsection.
B.
If a person who has been convicted of one of the crimes enumerated in Subsection A(1) and A(2) of this subsection 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 an autocab.
C.
The provisions of this subsection shall not apply to an operator
or driver of an autocab who has received the consent to operate in
a municipality prior to the effective date of P.L. 2011, c. 135 (N.J.S.A.
48:16-2.1 et seq.).
Owners and operators shall be required to pay the following
license and inspection fees.
A.
A nonrefundable application and processing fee of $50 shall be submitted
with the initial application and all renewal applications thereafter.
B.
For each regulated vehicle having a seating capacity of not more
than five persons including the driver: an inspection fee of $100
per vehicle per annum (to be paid upon the issuance of license).
C.
For each vehicle having a seating capacity of more than five persons:
an inspection fee of $150 per vehicle per annum (to be paid upon the
issuance of license).
D.
For any replacement of a lost license or for a revised license: $25.
No license to drive a regulated vehicle shall be granted unless
the applicant meets the following requirements:
A.
Have a valid New Jersey driver's license.
B.
State the name of the taxi company with whom he or she shall be employed.
C.
Each applicant for a license shall provide proof that he or she is
a least 21 years of age.
D.
The applicant must be either a citizen of the United States or a
legal resident alien. The applicant must also speak sufficient English
so as to reasonably be able to verbally communicate with passengers
and police. The applicant must also have sufficient writing skills
in English to complete any written documents required under this chapter,
i.e., receipts to passengers and fare logs.
E.
If the applicant is a corporation, the corporation must either be
incorporated in the State of New Jersey or authorized to do business
in this state.
F.
Prior license revocations. The applicant must have no record of prior
revocation by any jurisdiction of a license related to the taxicab
business. If the applicant is a partnership, then no partner may have
such record. If the applicant is a corporation, then neither the corporation
nor any officer or director may have such record.
G.
The applicant must have complied with the insurance provisions contained
herein. In the event of the cancellation of licensee's insurance,
the 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
Township Clerk for the remainder of the license year.
H.
The applicant must certify that all child support obligations are
current pursuant to the standard set forth in N.J.S.A. 2A:17-56.41.
A.
The Township Clerk may not issue any taxi license unless and until the applicant shall first be investigated, the granting of the application has been recommended by the Chief of Police and the appropriate application fee prescribed by § 379-6 has been received.
B.
As part of the investigation referred to in Subsection A, the applicant shall be fingerprinted by IdentoGo or other state-certified fingerprinting agency.
C.
Each applicant shall be fingerprinted for a criminal history background
check at the time of the initial application and annually with each
license renewal.
Every licensed driver shall, while engaged in his or her employment:
A.
Have his or her original taxi license in his or her possession.
B.
License shall be displayed in a prominent place mounted as close
as possible to the center of the front dashboard of the regulated
vehicle so that it is plainly visible to passengers. Said license
must also contain a brief description of the driver, including his
or her age, height, complexion, color of hair and color of eyes.
C.
Photo license shall be signed by the Township Clerk.
Each license issued pursuant to the provisions of this article
shall expire on December 31 next after the date of issuance.
Every regulated vehicle licensed pursuant to this chapter shall
have passed the New Jersey state inspection and have the passing inspection
sticker affixed to the windshield as required by New Jersey Title
39. Vehicles shall be properly maintained and equipped at all times
in accordance with the manufacturers' recommendations and the
standards and regulations of the New Jersey State Motor Vehicles and
Traffic Regulation Act. Furthermore, it shall comply with the following
additional requirements:
A.
The interior shall be clean and sanitary, meaning that the upholstery
and carpeting shall be reasonably free from debris, tears, holes,
cuts and stains. Maintaining the regulated vehicle in a sanitary condition
means keeping the regulated vehicle free from defects which could
adversely affect the health of passengers, such as the presence of
volatile fumes, spoiled food or garbage, blood stains, or any other
items which could affect the health of passengers or the driver.
B.
All doors shall open easily and close firmly. This provision requires
the immediate repair of doors which cannot be closed by the standard
handle for said door (i.e., closing the door with a piece of rope
or wire). Furthermore, the door must not be able to be opened without
using the door handle, and all locks on the vehicle must operate such
as to prohibit the opening of any door while the lock is engaged.
C.
Seat belts shall be fully functional and available for the driver
and all passengers. Torn, damaged or missing seat belts must be immediately
replaced.
D.
The exterior shall be clean and free from rust and peeling paint,
and all wheels shall be covered by hubcaps.
E.
Dents shall not be larger than those that normally occur as a result
of parking next to other vehicles. All dents larger than three inches
must be repaired promptly. Dents shall be construed to cover damage
on any portion of the regulated vehicle, including bumpers and any
other exterior facets.
F.
Each regulated vehicle in operation must be kept in proper operating
condition at all times, including but not limited to a properly functioning
muffler and emissions system, a clear and undamaged windshield and
windows (no tinting of windows shall be permitted unless factory original
equipment from the manufacturer). The Police Department of the Township
of Mount Olive may request an inspection or emissions test for any
regulated vehicle if, in its sole discretion, cause exists to believe
said regulated vehicle is not in compliance with the maintenance requirements
set forth herein.
G.
Every regulated vehicle is required to have at least one approved
child safety seat which must have permanently affixed thereto the
name of the taxi company or operator and the number assigned by the
municipality to such regulated vehicle.
H.
Owners or operators must submit each vehicle for inspection by the
Chief of Police or his designee annually at the time of application.
The purpose of the inspection is to insure full compliance with all
of the requirements of the ordinance and any state laws or regulations.
If any violations are found, the Police Department shall inform the
Town Clerk that the license issued shall be revoked if the violation
is not corrected within 10 days of the inspection. Under such circumstances,
the Police Department will inform the applicant in writing what repairs
need to be completed to prevent the revocation of the license. In
no way should the provisions of this chapter be interpreted as to
prohibit an applicant from having a previously rejected vehicle reinspected
after the required repairs are completed. An applicant aggrieved by
any provision of this section has an immediate right of appeal to
the Township Council.
Licensed taxicabs shall prominently display:
A.
Display of taxi license number.
(1)
Per N.J.S.A. 48:16-2.4, the owner of an autocab shall cause to be
displayed on the body of the vehicle the taxi license number issued
to that 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. Each autocab
shall display on each rear door of the autocab the name of the municipality
or municipalities which has issued the autocab a taxi license in letters
three inches in height.
B.
Additionally, all regulated taxis must have permanently affixed signs
on the driver and passenger door displaying the word TAXI, the business
name, and phone number. The letters must be at least three inches
tall, two inches wide and clearly visible.
C.
The driver's regulated vehicle license must be clearly and prominently
displayed in the vehicle that he or she is operating.
D.
The schedule of fares to be charged shall be clearly and prominently
displayed in each regulated vehicle in English and Spanish.
It shall be the duty of every driver or operator of any taxicab
to search his vehicle diligently upon the departure of any passenger
for any property left therein. If any article(s) is found, the operator
shall make a reasonable effort to return it to its rightful owner.
If unable to do so, the owner/operator shall turn item(s) over to
the police at police headquarters with the name and address of the
passenger so departing, if the same is known or obtainable. The Police
Department shall thereupon complete a found property report and attempt
to notify such person to make arrangements for the return of the property.
The drivers of all regulated vehicles must keep a written record
of each trip, on a form to be approved by the Township, including
the date and exact time the trip commenced and ended and the number
of passengers carried. Trip records must be maintained by the operator
for at least three years and must be made available for inspection
by the Police Department of the Township of Mount Olive or any other
law enforcement agency upon request.
No licensed driver of a taxicab shall refuse to carry any orderly
person applying for transportation who offers to pay the proper fare,
unless the driver is already engaged or is otherwise unable to do
so. The driver may refuse to transport a passenger unless the proper
fare is paid in advance.
A.
All drivers will be held fully responsible for compliance with all
traffic, parking and safety regulations on the road. In addition,
all passengers will be required to enter and exit all regulated vehicles
through the door or doors closest to the curb where said passengers
are waiting for pick up or are being dropped off.
B.
Regulated vehicles that are registered with the state as limousines
shall not be allowed to solicit fares on the road and may only pick
up passengers who have prearranged said limousine transportation.
C.
The pickup or discharge of passengers shall not impede the flow of
traffic.
D.
Each regulated vehicle shall maintain a first aid kit and fire extinguisher which must be inspected annually as outlined in § 379-12.
E.
Taxi and limousine drivers will not sound their horns except in the
case of an emergency consistent with existing laws. The use of a vehicle
horn to signal the arrival of a taxi-limousine at a fare's pickup
point will be considered a Town nuisance and an offense against the
peace and harmony of the citizens. The vehicle owner shall be responsible
for all fines against the peace and harmony of the citizens.
F.
In addition to all other working knowledge of geography, a street
map of Morris County or working GPS directional device is required
to be kept in all taxis, at all times.
G.
Any change of address of any owner or operator licensed under the
provisions of this article must be reported, in writing, to the Municipal
Clerk within 72 hours of such change. The loss of the license required
to be kept by any licensed owner or operator must be reported to the
Clerk, in writing, within 72 hours of such loss. The Clerk shall then
report such incidents to the Police Department to memorialize this
information within the applicant's file and/or to provide for
the issuance of a replacement license if necessary.
H.
No licensee of any taxicab shall use thereon or thereabout any limitation
of any color scheme, monogram or insignia previously adopted or used
by any other licensee of a taxicab licensed under the provisions of
this chapter.
I.
No operator of a taxicab shall induce any person to employ him/her
by knowingly misinforming or misleading such person either as to the
time or place of the arrival or departure of any train, omnibus, boat,
aircraft or other means of public transportation or as to the location
of any point of destination, nor shall any operator deceive any person
or make any false representation to him/her in respect to the transportation
or prospective transportation of any passenger, or convey any passenger
to any other place or over any other route than that to which or over
which such passenger may have instructed the operator to go. Unless
otherwise ordered, operators shall convey passengers by the most practical
direct routes to their destinations.
J.
No taxicab driver shall solicit additional passengers at the point
of origin, and no additional passengers may be picked up en route.
K.
No person other than the licensed operator of the taxicab shall ride
or sit in the compartment of a taxicab reserved for the operator.
L.
Every operator of a taxicab shall, immediately at the end of his/her shift, carefully search the taxicab for any property lost or left therein and shall, immediately after finding any property, make effort to return it to its proper owner or deliver the property to police headquarters if unable to do so as provided for in § 379-14.
M.
All taxicab licensees or their representatives shall answer all calls
received for taxi service inside the municipality limits without unreasonable
delay. If such service cannot be rendered within a reasonable time,
they shall notify the prospective passenger as to how long it will
be before the call can be answered and give the reason.
N.
All licensees under this chapter shall cooperate with law enforcement
officers in the performance of their duty. No licensee shall conceal
evidence of a crime or voluntarily aid violators to escape arrest.
A licensee shall report immediately to the police any attempt to use
his/her vehicle to commit a crime or escape from the scene of a crime.
O.
Licensed operators, while engaged in the operation of a taxicab,
shall behave in a civil and orderly manner and shall not use any indecent,
profane or abusive language.
P.
No operator or passenger shall smoke or possess lighted tobacco products
in a licensed vehicle.
Q.
No operator of a taxicab shall operate his/her vehicle in a manner
to endanger a passenger or any other person.
R.
No licensee under this chapter shall display any advertising on his/her
vehicle which obstructs the vision of the operator, including the
operator's visions to the rear.
S.
No person shall charge or attempt to charge any taxicab passenger
a greater rate of fare than that to which the operator is entitled
under the provisions of this chapter.
T.
No taxicab operator licensed by the municipality, and who is on duty,
shall unreasonably refuse to carry any orderly person applying for
a taxicab who agrees and, upon reasonable request, demonstrates ability
to pay the proper rate of fare. A refusal to carry an orderly passenger
shall be presumptively unreasonable where the refusal is based on
the amount of money the operator expects to receive or is based upon
the race, sex, religion, physical disability or ethnic background
of the passenger.
U.
The operator of any taxicab shall, upon demand by any passenger,
render to such passenger a receipt for the amount charged, on which
shall be the name of the owner of the taxicab, the name of the operator,
the date and time of the transaction and the amount of the fare.
A.
Any license issued pursuant to this article may be suspended as punishment
or revoked by the Township Council after due notice and hearing if:
(1)
The licensee has violated any of the provisions of this article or
of any ordinances of the Township or of state or of federal laws applicable
thereto.
(2)
The licensed vehicle is unsafe, unfit, unsanitary or unsuited for
public patronage.
(3)
The licensee has not complied with the provisions of N.J.S.A. 48:16-10
or N.J.S.A. 48:16-24, as the case may be.
A.
Any taxi/limo license issued pursuant to this chapter may be suspended
as punishment or revoked by the Township Council after due notice
and hearing, for any of the following grounds:
(1)
Inability of the licensee to comply with the physical or mental requirements
or qualifications of this chapter.
(2)
Violation of any of the provisions of this chapter or of any state
or federal law applicable thereto.
(3)
The conviction or guilty plea of serious motor vehicle violations,
including but not limited to DWI, reckless driving, leaving the scene
of an accident or failure to report, and/or operating a vehicle without
liability insurance as required by law.
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine not exceeding $1,000
or by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
As used herein, the following terms shall have the meanings
indicated:
Includes the business of carrying passengers for hire by
autocabs.
Includes any automobile or motor car with a carrying capacity
of not more than nine passengers, not including the driver, used in
the business of carrying passengers for hire, which is held out, announced
or advertised to operate or run or which is operated or run over any
of the streets or public highways of this state and which is hired
by charter or for a particular contract or by the day or hour or other
fixed period or to transport passengers to a specified place or places
or which charges a fare or price agreed upon in advance between the
operator and the passenger. Nothing in this definition shall be construed
to include taxicabs, hotel buses or buses employed solely in transporting
school children or teachers or autobuses which are subject to the
jurisdiction of the Board of Public Utilities or interstate autobuses
required by federal or state law or rules of the Board of Public Utilities
to carry insurance against loss from liability imposed by law on account
of bodily injury or death.
Includes any individual, proprietorship, partnership or any
form of corporate entity if the Township Clerk has issued to such
person a certificate of compliance in accordance with N.J.S.A. 48:16-17.
No person shall operate a limousine or livery service within the Township of Mount Olive without having notified the Township Clerk and paid the annual fee as required by § 379-23.
Any person who intends to operate a limousine or livery service
in the Township of Mount Olive shall, prior to commencing operation,
notify the Township Clerk. Notification shall include the make, model,
year and license plate number for all vehicles used in the operation
of the limousine or livery service. Any person who intends to operate
a limousine or livery service in the Township of Mount Olive shall,
prior to commencing operation, submit a fee of $50 to the Township
Clerk. This section shall not apply to any person operating a limousine
or livery service on the effective date of this article.
Any person who operates a limousine or livery service in the Township of Mount Olive shall annually notify the Township Clerk of the make, model, year and license plate number for all vehicles used in the operation of the limousine or livery service. Such notification shall be given, in writing, on or before January 15 of each year and shall be accompanied by a fee of $50, which is in addition to the initial fee paid by new operators as set forth in § 379-23.
Any person who operates a limousine or livery service in the
Township of Mount Olive shall notify the Township Clerk of the name,
address and driver's license number of every driver employed
by the limousine or livery service, on or before January 15 of each
year. This requirement shall also apply to any drivers hired after
January 15 and who are employed for at least 30 days, following the
30th day of employment of the driver.
Except for limousines registered in other states pursuant to
N.J.S.A. 48:16-22.4, no limousine shall be operated wholly or partly
along any street in the Township of Mount Olive until the owner of
the limousine shall have filed with the Clerk of the municipality
in which the owner has his, her or its principal place of business
an insurance policy of a company duly licensed to transact business
under the insurance laws of New Jersey in the sum of $1,500,000 against
loss by reason of the liability imposed by law upon every limousine
owner for damages on account of bodily injury or death suffered by
any person as a result of any accident occurring by reason of the
ownership, maintenance or use of the limousine upon any public street.
Such operation shall be permitted only so long as the insurance policy
shall remain in force to the full and collectible amount of $1,500,000.
The insurance policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, maintenance and
use of such limousine or any fault in respect thereto, and shall be
for the benefit of every person suffering loss, damage, injury aforesaid.
This article shall not be construed to limit or restrict the
obligations of limousine and livery services to submit an insurance
policy and power of attorney to the Township Clerk as required by
N.J.S.A. 48:16-13 et seq.
No limousine shall be operated on the highways of the State
of New Jersey unless it has a license issued pursuant to N.J.S.A.
48:16-17 and a limousine is equipped in accordance with the minimum
standards established by the director of the Division of Motor Vehicles
and the Department of Transportation with:
A.
A two-way communication system, which, at a minimum, shall provide
for communication to a person outside the vehicle for a distance of
not less than 100 miles and which requirement may be satisfied by
a mobile telephone;
B.
A removable first aid kit and operable fire extinguisher, which shall
be placed in an accessible place within the vehicle;
C.
Sideboards attached to the permanent body construction of the vehicle
if the height of the vehicle floor is 10 inches or more above ground
level or an appropriate stepping stool or box to assist passengers
in entering/exiting the vehicle.
Any owner, operator or driver shall comply with N.J.S.A. 48:16-13
et seq. and any regulation enacted therefrom.
This article shall apply only to those persons owning or operating
a limousine or livery service in the Township of Mount Olive.
Any person, firm or corporation who violates any provision of
this article shall, upon conviction thereof, be punishable by one
or more of the following: by imprisonment for a term not exceeding
90 days or by a fine not exceeding $1,000 or by a period of community
service not exceeding 90 days.
