[HISTORY: Adopted by the Mayor and Board
of Aldermen of the Town of Dover 5-25-2004 by Ord. No. 16-2004;[1] amended in its entirety 2-14-2017 by Ord. No. 01-2017. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 183.
[1]
Editor's Note: This ordinance replaced former Ch. 349, Taxicabs and Limousines, which consisted of Art. I, Taxicab Licensing and Regulations, adopted 7-27-1970 as Art. 43, Chs. A and B, of the 1969 Revised Ordinances, and Art. II, Certification of Compliance, adopted 12-15-1992 by Ord. No. 33-1992.
As used in this article, the following terms shall have the
meanings indicated:
A person to whom a taxicab license has been issued.
Any member of the Dover Police Department and/or the Dover
Licensing Inspector.
Any person who holds legal title to any taxicab, any conditional
vendee or lessee, or any other person having an interest in a taxicab
which shall entitle him to the immediate possession thereof.
In the case of an individual, the person to whom the taxicab
license is issued and who drives the taxicab exclusively, or in the
case of a corporation, the person who holds a minimum of 51% of the
voting shares or interest in the corporation and to whom a minimum
of 51% of the net profit or loss is attributable.
Shall mean and include any individual, partnership, company,
association, corporation or joint stock company, their lessees, trustees,
or receivers appointed by any court whatsoever.
The place or places of business of a taxicab service or the
location or locations where taxicabs are parked when not in operation
or from which taxicab dispatching operations are conducted or to which
taxicab drivers report for duty.
Shall mean and include any street, avenue, park, parkway,
highway, or other public place which is used for vehicular travel.
A motor vehicle commonly called "taxi" which is:
Constructed so as to comfortably seat not fewer than four passengers
exclusive of the driver; and
Engaged in the business of carrying passengers for hire; and
Held out, announced, or advertised to operate on and over the
public streets of the Town of Dover; and
Accepts persons who may offer themselves for transportation
from a place within the Town of Dover; and
Not operated over a fixed route; and
Not more than 10 years old or 120 months of age according to
the model year within the Vehicle Identification Number at the time
it first becomes engaged in the taxicab business within the Town of
Dover. Taxicabs shall be removed from service prior to the final inspection
of each calendar year.
The permission granted in accordance with the provisions
of this article which authorizes a person to drive upon the streets
of the Town of Dover a licensed taxicab owned and/or operated by the
holder of a taxicab license. The term "driver's license" shall not
be construed to mean a driver's license issued by the State of New
Jersey Motor Vehicle Commission.
The permission granted in accordance with the provisions
of this article to conduct a taxicab operation upon the streets of
the Town of Dover by the use of vehicles which have been issued taxicab
vehicle licenses and which are driven by persons who have been issued
taxicab driver's licenses by the Town.
Conducting a taxi service in the Town of Dover which shall
include receiving passengers in the Town of Dover and regularly discharging
passengers, whose ride(s) may originate in other jurisdictions, in
the Town of Dover.
Any person who owns, directs, conducts or is in charge of
any taxicab business or of any taxicab either as an owner, manager,
driver or otherwise.
The permission granted in accordance with this article to
the holder of a taxicab license to conduct a taxicab operation on
the streets of the Town of Dover by use of the vehicle so licensed
as long as such vehicle is being driven by a person who is authorized
to operate such vehicle by the Town.
The Town of Dover.
To sell, transfer or in any other manner dispose of a taxicab
license. Where the license is in the name of a corporation or other
legal entity, any change in the majority ownership of the corporation
or other legal entity shall constitute a transfer of the taxicab license
held in the name of the corporation or other legal entity.
No person shall conduct or cause to be conducted any taxicab operation upon the streets of the Town of Dover without first having obtained the taxicab licenses required by Article I of this chapter. There are hereby established three classes of taxicab licenses: a taxicab operation license, a taxicab vehicle license, and a taxicab driver's license.
All licenses shall be valid from the day of issuance and shall
expire the 31st day of May thereafter. Renewed licenses shall be valid
from June 1 through May 31 of the succeeding year unless suspended
or revoked.
Owners or operators shall be required to pay the following license
and inspection fees:
A.
Taxicab operation license: $1,000 per annum June 1 through May 31.
B.
For each regulated vehicle having a seating capacity of not more
than five persons, including the driver: $250 per vehicle per annum.
C.
For each vehicle having a seating capacity of more than five persons:
$350 per vehicle per annum.
D.
For each driver's license issued to a driver of a regulated vehicle:
$100 per annum for a new license or renewal of license.
E.
For any replacement of a lost license or for a revised license: $40.
A.
The Municipal Clerk or designee is hereby authorized to issue said
licenses for regulated vehicles and drivers of regulated vehicles
upon receiving notice of approval of the application therefor by the
Mayor and Board of Aldermen. Each regulated vehicle license shall
set forth the dates said license will remain effective and the maximum
number of passengers permitted in the vehicle (the maximum number
will be determined by allowing one passenger in the front seat and
two or three passengers in each additional row of seating depending
upon the type of seating available and number of seat belts). Each
driver's license shall set forth the dates such license will remain
effective and shall include a current and clear picture of the driver,
the driver's full name, the operator's business name and a brief description
of the driver, including his or her age, height, weight, complexion,
color of hair and color of eyes. In the event a driver changes employment
to a new company, a revised license must be obtained for the unexpired
term of the original license. The cost for a revised license shall
be the same as for a lost license.
B.
A taxicab application will not be deemed complete and a license will
not be issued until the following are received:
(1)
Completed application; and
(3)
Vehicle title (company owner's name); and
(4)
Vehicle registration (company owner's name); and
(5)
A storage letter, which shall include written approval from the owner or renter of said private property, must be provided to the Municipal Clerk as set forth in § 349-7; and
(6)
All required supporting documentation must be submitted within 21
days of the initial application submission. In the event that all
required documentation is not submitted within 21 days of the date
of submission, the application will be deemed expired. Any and all
fees paid as part of the application shall not be refunded.
C.
No more than 60 licenses for regulated vehicles shall be issued in
the Town of Dover. No one owner or operator shall be permitted more
than 15 licenses for regulated vehicles. Owners or operators shall
not hold any ownership interest in more than one business which operates
or owns regulated vehicles in the Town of Dover.
D.
No regulated vehicle shall be older than 10 years on the date of
the application for a license or renewal of a license.
Upon applying for a regulated vehicle license, owners or operators
shall furnish proof of an insurance policy covering each regulated
vehicle in accordance with N.J.S.A. 48:16-1 et seq., as amended and
supplemented from time to time. However, minimum coverage requirements
for each regulated vehicle are $100,000 per occurrence. 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 June 1 through May 31). Each owner shall also
execute and deliver to the Municipal Clerk the required power of attorney
in accordance with N.J.S.A. 48:16-5, as may be amended and supplemented
from time to time.
A.
Owners or operators must provide proof that each regulated vehicle
has been inspected when due by a state-operated inspection facility
for all required inspections. State-authorized private inspection
facility inspections are not acceptable. A copy of the state inspection
report shall be submitted to the Chief of Police and Municipal Clerk
or designee for every regulated vehicle within 30 days of the inspection.
Failure of the state inspection shall be deemed an automatic revocation
of the regulated vehicle's license to operate under this article.
Such revocation shall continue until the state inspection is passed
and proof of same is provided to the Municipal Clerk.
B.
Owners or operators must submit each vehicle for inspection by the
Chief of Police, his designee or the Licensing Inspector semiannually,
except if a state inspection is performed within such six-month time
period. The six-month time periods for inspection shall be June through
November and December through May. The purpose of this inspection
is to ensure full compliance with all of the requirements of municipal
and state laws, rules and regulations. If any violations are found,
the Police Department shall inform the Municipal 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 what repairs need to be completed to prevent
the revocation of the license. In no way should the provisions of
this article 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 Mayor and Board of Aldermen.
The Police Department shall randomly select the time period within
each six-month inspection period when a regulated vehicle must be
presented itself for inspection.
C.
Owners or operators must provide proof that each regulated vehicle
has a garage or designated parking space located on private property
where said vehicle will be stored when not in use. Written approval
from the owner or renter of said private property must be provided
to the Municipal Clerk or designee. No more than one regulated vehicle
may be stored at any residential property location within the Town
of Dover. Parking and storage of any regulated vehicle must be in
a zone authorizing such use except that one vehicle may be parked
at the residence of the owner or operator. No regulated vehicle may
be parked on a public street overnight.
D.
In addition to the requirements of N.J.S.A. 48:16-2.4, All regulated
vehicles must have permanently affixed signs on the driver and passenger
doors setting forth the owner's business name, the maximum number
of passengers allowed by said license, and the business office telephone
number. The letters and numbers on said signs must be at least three
inches tall and two inches wide and must be clearly visible from a
distance of 50 feet. The color of the letters must contrast with the
color of the regulated vehicle so as to be easily read. The vehicle
number issued by the Town must also be displayed on the driver's door
of the vehicle and rear left of the vehicle on the trunk so as to
be clearly visible to the public.
E.
The schedule of fares to be charged shall be clearly and prominently
displayed in each regulated vehicle in English and Spanish.
All owners or operators, upon applying for one or more regulated
vehicle licenses, shall be required to maintain a business office.
The address and telephone number of said office must be listed on
all regulated vehicle license applications.
A.
Each applicant for a regulated vehicle driver's license shall, upon
making application therefor, furnish his or her existing driver's
license and fingerprints for a record check and three recent photographs
of passport size. One shall be retained by the Municipal Clerk, another
shall be affixed to the driver's license, and the third shall be affixed
to a card, suitably framed under any transparent covering approved
by the Police Department and 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 card must
also contain a description of the licensed driver, which shall include
his or her age, height, complexion, color of hair and color of eyes.
Each applicant shall submit to the Town Police Department his or her
driver abstract from the Division of Motor Vehicles.
B.
No license to drive a regulated vehicle shall be granted unless the
applicant meets the following requirements:
(1)
Have a valid New Jersey driver's license.
(2)
State the name of the taxicab company with whom he or she shall be
employed.
(3)
Each applicant for a license shall provide proof that he or she is
at least 21 years of age.
(4)
The applicant must be either a citizen of the United States or a
legal resident alien.
(5)
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. Said corporation must provide the Municipal Clerk with
a good standing certificate issued by the State of New Jersey.
(6)
The applicant shall not have been convicted of any crime and/or disorderly
persons offense within 10 years next preceding the date of application
for license. If the applicant is a partnership, then no partner may
have such criminal record. If the applicant is a corporation, then
neither the corporation nor any officer or director thereof may have
such criminal record.
(7)
Prior license revocations. The applicant must have no record of prior
revocation(s) 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.
(8)
The applicant must have complied with the insurance provisions contained
in this article. 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 issuance of a new policy of insurance, a copy
of which shall be delivered to the Municipal Clerk for the remainder
of the license year.
(9)
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.
(10)
The applicant must be tested for the presence of controlled
dangerous substances, as defined in N.J.S.A. 2C:35-2 pursuant to New
Jersey Department of Transportation (NJDOT) (49 CFR Part 40, Subpart
F) within 30 days of the filing of his or her application. Such testing
shall take place at a facility to be designated by the Town of Dover.
The results shall be provided to the Municipal Clerk and shall show
the applicant to be free of controlled dangerous substances. The same
test shall be required for license renewal. The applicant shall assume
the cost of all testing. Operators shall also be subject to testing
for controlled dangerous substances in the event of an accident by
the operator or the observance of an operator driving a regulated
vehicle in a careless, reckless, or suspicious manner.
C.
All applicants must complete and sign Form SBI-212B, Request for
Criminal History Record Information for a Noncriminal Justice Purpose,
for a criminal history name search identification check pursuant to
N.J.S.A. 53:1-20.5 et seq. The applicant shall submit payment for
same drawn on a United States bank in the amount required by the State
of New Jersey approved fingerprinting agency, for the criminal history
name search. If the applicant is a corporation, then this requirement
shall apply to the officers of the corporation. The fully executed
form and the applicant's check or money order must be submitted along
with the application for a taxicab license. Each applicant shall be
fingerprinted for a criminal history background check at the time
of the initial application and annually with each license renewal;
any costs associated with same shall be paid by the applicant.
Every regulated vehicle licensed pursuant to this article shall
be properly maintained and equipped at all times in accordance with
the manufacturer's recommendations and the standards and regulations
of the New Jersey State Motor Vehicles and Traffic Regulation Act[1] and shall further 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 Town
of Dover 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 taxicab company or operator and the number assigned by
the municipality to such regulated vehicle. The original manufacturer's
label must be legible on the child safety seat.
[1]
Editor's Note: See N.J.S.A. 39:1-1 et seq.
[Amended 8-8-2022 by Ord. No. 20-2022]
A.
The fare to be charged for the transportation of passengers from
anywhere within the Town of Dover to another location within the Town
of Dover shall be not greater than the following:
(1)
For one or two passengers: the sum of $7 per trip.
(2)
For each additional passenger over two: the sum of $1.
(4)
For one or two passengers 62 years of age or older: The charge shall
not be more than the sum of $4.50 per trip.
(5)
No extra fee shall be charged for a wheelchair or any other apparatus
used by a handicapped person.
B.
The fare to be charged for the transportation of passengers from
anywhere within the Town of Dover to a location outside the Town of
Dover or from a location outside the Town to a location within the
Town must be clearly agreed upon with all passengers prior to leaving
the pickup location.
The drivers of all regulated vehicles must keep a written record
of each trip, on a form to be approved by the Town, 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 any law enforcement officer of the Town of Dover upon request.
In addition, the owner or operator shall submit to the Municipal Clerk
or his designee within 10 days of the end of the quarter all records
of trip reports. The quarters are designated as follows: January through
March, April through June, July through September, and October through
December.
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 pickup or are being dropped off.
B.
Regulated vehicles that are registered with the state solely 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.
E.
Taxicab 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 taxicab 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.
All drivers shall possess a working knowledge of the roadway system
and significant points of interest within Morris County, including
but not limited to municipal offices and facilities, hospitals, train
stations, and the like, a street map of Morris County or an operational
GPS device is required to be kept in all taxicabs 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 or Licensing Inspector 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 Municipal Clerk or Licensing Inspector, in
writing, within 72 hours of such loss.
H.
No licensee of any taxicab shall use thereon or thereabout any imitation
of any color scheme, monogram or insignia previously adopted or used
by any other licensee of a taxicab licensed under the provisions of
this article.
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, excepting
a fare occupying the auxiliary seat, 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, deliver
the property to police headquarters.
M.
All taxicab licensees or their representatives shall answer all calls
received for taxicab 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 article 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.
Every owner of a licensed taxicab which is involved in an automobile
accident shall provide the Municipal Clerk with a copy of the accident
report within five working days of the accident. The Municipal Clerk
shall inform the taxicab owner of any and all repairs that may be
necessary. Any taxicab owner who fails to comply with the terms of
this section shall be in violation of this article and subject to
suspension of his/her taxicab license.
S.
No licensee under this article shall display any advertising on his/her
vehicle which obstructs the vision of the operator, including the
operator's vision to the rear.
T.
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 article.
U.
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.
V.
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.
The Mayor and Board of Aldermen may refuse to issue a license or
suspend any license or revoke any license after notice and hearing
if:
(1)
This article is violated in any particular.
(2)
The operator or driver has been convicted of a felony, driving under
the influence, refusal to submit to a test for driving under the influence
or has had his or her driver's license suspended. The Chief of Police
may suspend the license of an operator or driver upon written notice
for violations of this section pending a hearing to be conducted in
front of the Mayor and Board of Aldermen within five days of the operator
or driver requesting a hearing in writing.
(3)
The driver, while driving a regulated vehicle, has contributed to
injury to person or property or for other good cause.
B.
The license to operate a regulated vehicle shall be automatically
suspended in the event of a lapse in insurance coverage, and such
suspension shall continue until adequate verifiable proof of insurance
coverage has been provided to the Municipal Clerk.
Any passengers who shall, within the limits of the Town of Dover, engage a regulated vehicle for transportation and who shall refuse to pay some or all of the fare permitted by this article may be found guilty of a disorderly persons offense by the Municipal Court and, for every conviction hereunder, shall be subject to the fines and penalties as set forth in § 1-15 (General Penalty) of the Code of the Town of Dover.
A.
Except as required by N.J.S.A. 48:16-1 et seq., any operator and/or driver found to have violated the provisions of this article may have his or her license issued hereunder suspended or revoked either by Chief of Police or by the Mayor and Board of Aldermen, and repeat offenders are subject to revocation of all their licenses issued hereunder. Furthermore, upon conviction of said violations by the Municipal Court, any operator and/or driver shall be subject to the fines and penalties as set forth in § 1-15 (General penalty) of the Code of the Town of Dover.
B.
In addition to Subsection A above, three or more violations within a thirty-day period may be cause for the taxicab business owner's Town license to be suspended for a period of up to 60 days, and six or more offenses within a twelve-month period may be cause for the permanent revocation of his or her Town taxicab license.
As used in this article, the following terms shall have the
meanings indicated:
The driving of a limousine on the streets or public places
of the Town in search of or soliciting prospective passengers for
hire.
Any member of the Dover Police Department and/or the Dover
Licensing Inspector.
Shall mean and include any automobile or motor car used in
the business of carrying passengers for hire to provide prearranged
passenger transportation at a premium fare on a dedicated, nonscheduled,
charter basis that is not conducted on a regular route and with a
seating capacity in no event of more than 14 passengers, not including
the driver, provided that such a vehicle shall not have a seating
capacity in excess of four passengers, not including the driver, beyond
the maximum passenger seating capacity of the vehicle, not including
the driver, at the time of manufacture. Nothing contained in this
article shall be construed to include taxicabs, hotel buses, buses
employed solely in transporting school children or teachers, vehicles
owned and operated directly or indirectly by businesses engaged in
the practice of mortuary science when those vehicles are used exclusively
for providing transportation related to the provision of funeral services,
autobuses which are subject to the jurisdiction of the Department
of Transportation, or interstate autobuses required by federal or
state law or regulation of the Department of Transportation to carry
insurance against loss from liability imposed by law on account of
bodily injury or death.
A person who provides prearranged passenger transportation,
for consideration, not on a scheduled, regular route, and not in connection
with mortuary and funeral services.
A fee charged for the administrative paperwork necessary
for all limousine operators who are employed by Town of Dover limousine
companies.
Shall mean and include the business of carrying passengers
for hire by limousines.
Shall mean and include any individual, co-partnership, association,
corporation or joint-stock company, their lessees, trustees or receivers
appointed by any court whatsoever.
The location of the main place of business of the limousine
service in the Town of Dover where limousine service is conducted,
where limousines are dispatched from, or where limousine drivers report
for duty.
Shall mean and include any street, avenue, park, parkway,
highway, or other public place.
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 Town of Dover until the owner of the limousine
shall have filed with the Municipal 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, or injury aforesaid.
Each owner shall also execute and deliver to the Municipal Clerk the
required power of attorney in accordance with N.J.S.A. 48:16-14, as
may be amended and supplemented from time to time.
Owners or operators must provide proof that each regulated vehicle
has a garage or designated parking space located on private property
where said vehicle will be stored when not in use. Written approval
from the owner or renter of said private property must be provided
to the Municipal Clerk. No more than one regulated vehicle may be
stored at any residential property location within the Town of Dover.
Parking and storage of any authorized vehicle must be in a zone authorizing
such use except that one vehicle may be parked at the residence of
the owner or operator. No regulated vehicle may be parked on a public
street overnight.
A.
Upon the filing of the required insurance policy by an owner having
its principal place of business in the Town of Dover of a limousine
or livery service, the Municipal Clerk, upon the payment of a fee
of $50, shall issue in duplicate a license to operate showing that
the owner of the limousine has complied with the terms and provisions
of N.J.S.A. 48:16-14. The license shall recite the name of the insurance
company, the number and date of expiration of the policy, a description
of every limousine insured thereunder and the registration number
of the same. The duplicate license shall be filed with the Division
of Motor Vehicles before any such car is registered as a limousine.
The original license shall be retained within the limousine and shall
be available for inspection by any law enforcement officer of the
Town of Dover or police officer in the state. In lieu of the recital
of insurance information required on the license, pursuant to this
section, the owner of the limousine may affix to the original license
retained within the limousine a notarized letter from an insurance
company containing the same insurance information required in the
recital, which shall constitute proof of insurance coverage, and which
shall also be available for inspection by any law enforcement officer
of the Town of Dover or police officer in the state.
B.
The following shall be required:
(1)
Completed application; and
(3)
Vehicle title (company owner's name); and
(4)
Vehicle registration (company owner's name); and
(5)
A storage letter, which shall include written approval from the owner or renter of said private property, must be provided to the Municipal Clerk as set forth in § 349-19; and
(6)
All required supporting documentation must be submitted within 21
days of the initial application submission. In the event that all
required documentation is not submitted within the 21 days of the
date of submission, the application will be deemed expired. Any and
all fees paid as part of the application shall not be refunded.
Notwithstanding any other provisions of law to the contrary,
the Town of Dover requires a limousine service to obtain a corporate
license, permit, certificate, or other form of authority if the limousine
service is providing service on an intramunicipal point-to-point basis
within the Town of Dover. The fee for the issuance of this license
is $50 (which is in addition to any other fee), which applies to all
limousines operated by a limousine service providing such intramunicipal
point-to-point service within the Town of Dover.
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.
D.
An operable fire extinguisher.
E.
Daily log of vehicle condition as follows:
(1)
Tires.
(2)
Windshield wipers.
(3)
Horn.
(4)
Condition of front, rear and side windows and windshields.
(5)
Front and rear lights.
(6)
Fluid levels.
(7)
Brakes.
(8)
Condition of two-way communication system.
(9)
Inspection of vehicle or, if on an off-year, proof that the limousine
was inspected by a person qualified to do such examination of the
mechanical and operating condition of the limousine, including:
The following shall be required:
A.
Completed application.
B.
Have a valid New Jersey driver's license.
C.
Limousine operator administrative fee of $100.
D.
Letter from the Chief Administrator of the New Jersey Motor Vehicle
Commission stating the applicant is qualified for employment.
E.
State the name of the limousine company with whom he or she shall
be employed; the owner must sign the application.
F.
Each applicant for a limousine operator shall provide proof that
he or she is a least 21 years of age.
G.
The applicant must be tested for the presence of controlled dangerous
substances, as defined in N.J.S.A. 2C:35-2, pursuant to New Jersey
Department of Transportation (NJDOT) (49 CFR Part 40, Subpart F) within
30 days of the filing of his or her application. Such testing shall
take place at a facility to be designated by the Town of Dover. The
results shall be provided to the Municipal Clerk and shall show the
applicant to be free of controlled dangerous substances. The same
test shall be required for license renewal. The applicant shall assume
the cost of all testing. Operators shall also be subject to testing
for controlled dangerous substances in the event of an accident by
the operator or the observance of an operator driving the regulated
vehicle in a careless, reckless, or suspicious manner.
H.
Any owner, operator or driver shall comply with N.J.S.A. 48:16-13
et seq., and any regulation enacted therefrom.
No person shall drive or cause or allow a limousine to be driven
on the streets or public places of the Town of Dover in search of
or soliciting prospective passengers for hire. For the purposes of
this section, "in search of or soliciting of prospective passengers"
shall mean picking up a passenger or attempting to pick up a passenger
who has not previously made arrangements by telephone or other communication
for a limousine pickup at a specific time and location. Limousines
shall return to their principal place of business where limousines
are dispatched from to wait for their next prearranged transportation.
Any person who shall operate a limousine service in any street
in the Town of Dover without complying with the provisions of this
article and with the provisions of N.J.S.A. 48:16-13 et seq. shall
be subject to the fines and penalties set forth in N.J.S.A. 39:5G-1,
as follows:
A.
For operating a limousine without a license issued by a municipality
pursuant to N.J.S.A. 48:16-17, knowingly permitting a driver to operate
a limousine without a validly issued driver's license or a validly
issued commercial driver license if required pursuant to N.J.A.C.
13:21-23.1, failure to have filed an insurance policy in the amount
of $1,500,000 which is currently in force as provided in N.J.S.A.
48:16-14 or in the amounts required pursuant to N.J.S.A. 48:16-22.4,
operating a limousine in which the number of passengers exceeds the
maximum seating capacity as provided in N.J.S.A. 48:16-13 or N.J.S.A.
48:16-13.1: a fine of $2,500 for the first offense and a fine of $5,000
for the second or subsequent offense;
B.
For operating a limousine without the special registration plates
required pursuant to N.J.S.A. 39:3-19.5, or operating a limousine
without the limousine being properly inspected as provided in N.J.S.A.
39:8-1: a fine of $1,250 for the first offense and a fine of $2,500
for the second or subsequent offense;
C.
For operating a limousine without the attached sideboards required
by N.J.S.A. 48:16-22.1, failure to retain within the limousine appropriate
proof of insurance pursuant to N.J.S.A. 48:16-17 or failure to execute
and deliver to the power of attorney required pursuant to N.J.S.A.
48:16-16: a fine of $250 for the first offense and $500 for the second
or subsequent offense;
D.
For failure to be equipped with a two-way communications system, a removable first-aid kit and an operable fire extinguisher as required by N.J.S.A. 48:16-22.1, or any other violation of the provisions of Article 2 of Chapter 16 of Title 48 of the Revised Statutes other than those enumerated in this section: a fine of $50 for the first offense and $100 for the second or subsequent offense.
