As used in this Part 1, the following terms
shall have the meanings indicated:
TAXICAB
Any motor vehicle with a taximeter which does not operate
over a fixed route, commonly called a "taxicab," "taxi" or "cab,"
which is engaged in the business of carrying passengers for hire to
or from points or places within Paterson or to or from points or places
outside of Paterson.
TAXIMETER
A mechanical instrument or device by which the charge for
hire of a taxicab is mechanically calculated either for distance traveled
or for waiting time or for both and upon which the fee shall be indicated
by means of figures.
[Amended 4-11-2017 by Ord. No. 17-032]
Except as provided by §
449-4 below, or any successor provision addressing Taxicab Division enforcement of general motor vehicle offenses, this Part
1 shall not apply to any omnibus or autobus which operates by authority of law, an ordinance, a permit or consent upon a fixed route through the City.
[Amended 4-11-2017 by Ord. No. 17-032]
There shall be established a Taxicab Division within the Department
of Police, which shall include a Director and at least one taxicab
inspector.
[Amended 4-11-2017 by Ord. No. 17-032]
A. The Taxicab Division, in conjunction with the Police Division, shall
be charged, with regard to any person, business entity or vehicle
that is licensed under this Part 1, or that is required to be licensed
under this Part 1, with the duty of enforcing the following:
(1) Provisions of this Part 1;
(2) Violations of any state law specifically and expressly addressing
taxicabs; and
(3) Any City ordinance that may be applied to the use and operation of
taxicabs.
B. Additionally, with regard to any motor vehicle with which a driver
generally or actually provides passenger transportation on a fee-per-ride
or fee-per-mile basis along public streets, including but not limited
to a taxi, bus, autobus, omnibus or jitney, or the owner or operator
thereof, the Taxicab Division shall also be authorized to enforce
the following:
(1) Any of the following provisions of Title 39 of the New Jersey Statutes,
entitled "Motor Vehicles and Traffic":
(a)
N.J.S.A. 39:3-4 (unregistered vehicle).
(b)
N.J.S.A. 39:3-29 (failure to exhibit license, registration and/or
insurance).
(c)
N.J.S.A. 39:3-33 (unclear plates).
(d)
N.J.S.A. 39:3-66 (maintenance of lamps).
(e)
N.J.S.A. 39:3-76.2f (failure to wear seatbelt).
(f)
N.J.S.A. 39:4-81 (failure to observe signal).
(g)
N.J.S.A. 39:4-85 (improper passing).
(h)
N.J.S.A. 39:4-97 (careless driving).
(i)
N.J.S.A. 39:4-97.3 (improper use of cell phone while driving:
talk and/or text).
(j)
N.J.S.A. 39:4-124 (failure to turn).
(k)
N.J.S.A. 39:4-144 (failure to stop or yield).
(l)
N.J.S.A. 39:8-1 (failure to inspect).
(m)
N.J.S.A. 39:8-4 (failure to make repairs).
(2) Any successor statute that may in whole or in part replace any of
the above-cited sections of Title 39.
(3) Any law addressing impermissible motor vehicle parking, stopping
or standing.
(4) Any law addressing obstruction of traffic.
C. Notwithstanding any provision to the contrary, a member of the Taxicab
Division shall under no circumstances pursue or chase any motor vehicle,
or undertake any law enforcement activity for which he or she lacks
any required certification, expertise or training, or for which he
or she is not duly authorized by the Police Department.
D. The Police Director is hereby empowered to appoint such inspectors
as he or she may find necessary to carry out the duties with which
the Taxicab Division is charged.
E. Subject to City Council approval, the Police Director is hereby authorized
and empowered to establish rules and regulations for the operation
of taxicabs, insofar as they are not inconsistent with the other provisions
of this Part 1.
The Taxicab Division shall have control of:
A. Processing applications for City of Paterson taxicab
registrations.
B. Inspection of vehicles registered under this Part
1.
C. Issuing licenses to drivers in accordance with the
provisions of this Part 1.
D. Such other matters as are set forth in this Part 1.
Any business license or medallion issued under
this Part 1 shall not be transferable except in accordance with the
following procedures:
A. The applicant shall apply in writing to the City Council,
and such application shall be filed with the City Clerk no later than
10 days prior to the next regularly scheduled meeting of the City
Council.
B. The application shall set forth the same matters and
things which are required in connection with an application to operate
a taxicab or autocab business.
C. The application for transfer shall include a written
statement by the current holder of the medallion(s) or business license(s)
consenting to the transfer.
D. In the event that an applicant for a transfer of a
business license(s) intends to operate said business from a location
different from that originally noted on the license to be transferred,
said applicant shall cause to be published once in a local newspaper,
at least seven days prior to said meeting of the Council, a notice
of intention to apply for the transfer. Said newspaper notice shall
specify the name and address of the present licensee, the location
of the present license, the name of the applicant, the proposed location
of the license and the date and time of the meeting of the Council.
E. In the event that the applicant intends to locate
at a new location, said applicant shall also provide a statement from
the City of Paterson, Department of Community Improvements, Zoning
and Planning Division, which indicates that the intended use is permitted
at the proposed new location or that the appropriate variance or other
relief has been obtained.
F. In the event that the applicant for the transfer does not intend to change the existing location of the business, said applicant shall not be required to comply with the publication requirements of Subsection
D.
G. Where a medallion or business license transfer is approved on or after August 1 of any year, the application shall be accompanied by one-half (1/2) of the fee described in §
449-14A. In the event that the requested transfer is not granted by the City Council, the transfer fee, less 10%, shall be returned to the applicant.
H. In all applications by corporations, the names and
addresses and amount of stock held by all stockholders holding 1%
or more of any of the stock thereof and the names and addresses of
all officers and all members of the Board of Directors must be stated
in the application. If one or more such officers or members of the
Board of Directors or one or more of the stockholders who directly
or indirectly own more than 10% of such stock would fail to qualify
as an individual applicant in any respect, no medallion or business
license shall be granted to said corporation.
I. If a corporation holding a current medallion or business
license wishes to transfer a taxicab medallion or an autocab business
license to another corporation to be used in a bona fide operation
of a taxicab or autocab business and not less than 90% ownership of
each corporation rests with the same person or group of persons, then
the application fee for said transfer shall be $200 per vehicle.
J. Whenever any change shall occur in the facts as set
forth in any application for a medallion or autocab business license,
the applicant shall file a notice, in writing, of such change with
the City Clerk within 10 days after the occurrence thereof; said change,
when so filed, shall thereupon become a part of said application.
K. Notice of changes in stock holdings need not be given
unless and until the aggregate of such changes, if made before the
time of said application, would have prevented the issuance of the
medallion(s) or autocab business license(s).
L. If the applicant is a corporation, a copy of the certificate
of incorporation issued by the Secretary of State shall accompany
the application, and such certification shall not have been issued
more than 90 days prior to the filing of the application.
M. The application shall be accompanied by a fee of $200
per vehicle. An application shall not be considered filed until the
required fee has been paid.