(a)
License required. No person shall hire, keep, or use for hire or
pay, or cause to be kept or used for hire or pay, any taxicab, without
first having obtained a license for that purpose from the Town Clerk
for each such taxicab, which license shall be known as a "Taxicab
License". Such license shall be for a term of one year and shall be
renewable annually on October 1 of each year and shall not be transferable.
(b)
To whom issued. Taxicab licenses shall be issued only to the following
who have satisfied all requirements of this chapter:
(1)
Individual citizens of the United States operating as a sole proprietorship
or as a partnership who have been residents of the State for at least
one year at the time of applying for the license, and who are at least
18 years of age and of good moral character.
(2)
Corporations incorporated in the State of New Jersey.
(c)
Application for license — form and content. All applications
for a taxicab owner's license shall be made in writing in triplicate
to the Town Clerk on forms supplied by the Clerk on or before September
1 in each year for approval by October 1 shall be signed by the applicant,
and shall contain the following information:
(1)
Name, business address, home address, business telephone number,
residence telephone number, and age, of an individual owner or of
all partners, and if a corporation, the state of incorporation, name,
business address, business telephone number, officers, directors,
manager, and stockholders, owning more than 10% of the stock of the
corporation.
(2)
For each vehicle to be licensed, the name, address, and telephone
number of the insurance agent and insurance company that will provide
the required insurance coverage.
(3)
For each vehicle to be licensed, the name of manufacturer, body type,
year, serial number, color, bill of sale number, state registration
number and license number, if any.
(4)
For each individual owner or partner and in cases where a corporation
is the applicant, its president, manager and each stockholder holding
10% or more of the capital stock of such corporation, a statement
whether or not such persons have been convicted of a crime and if
so the nature of the offense, where convicted and the date of each
such conviction.
Each application for a taxicab license shall be accompanied
by a certificate of insurance from a company licensed to do business
in the State of New Jersey, showing evidence of insurance for each
vehicle to be licensed in the amount and type of coverage required
by this chapter, and shall refer thereon to the vehicle to be insured
by make, year, and serial number.
(d)
Prerequisites. After completing and submitting the application as
aforesaid, the following prerequisites shall be required before a
license may be issued:
(1)
Inspection. The applicant must submit each vehicle not previously
licensed to the Police Department to be inspected as provided herein,
and such vehicle must pass this inspection prior to being licensed.
(2)
Fingerprinting. Every individual owner, or partner, and in cases
where a corporation is the applicant, its president, manager, and
each stockholder holding 10% or more of the capital stock of such
corporation applying for a taxicab license shall be fingerprinted
by the Police Department as a prerequisite to the approval of such
license by the Town Council or the issuance of such license by the
Town Clerk. In the event that any such person has been convicted of
any crime involving moral turpitude, violence, or threat of violence
in this state or in any other state or territory of the United States,
the Town Council shall refuse to issue a taxicab license to such individual
applicant or corporate applicant and shall revoke same, after a hearing,
upon the presentation of evidence of a prior or subsequent conviction
of any such criminal offense.
(3)
Compliance with all other provisions of this chapter.
(e)
Form and contents of license. There shall be a separate license issued
for each taxicab to be licensed. The license shall be in writing,
numbered, in triplicate, signed by the Town Clerk, on a form provided
by the Town, and shall for each such license contain the following
information: Name, business, address, business telephone of the owner;
number of the license; make, model, year, serial number and license
plate number of the vehicle; the name of the company supplying insurance
coverage, the policy number and the name, address, and telephone number
of the insurance agent.
(f)
By whom issued. Taxicab licenses or any renewal thereof shall be
issued by the Town Clerk only after approval by resolution of the
Town Council after compliance by the applicant with all the requirements
of this chapter including the payment of the required fee.
(g)
Where displayed. One copy of the taxicab license when issued shall
be retained by the Town Clerk. The applicant shall receive the original
and one copy. This copy shall be displayed in the business office
as provided by this chapter. The original taxicab license shall be
displayed in the taxicab so licensed by attaching it to the right-hand
visor so as to be visible to passengers.
(h)
Renewal of license. All applications for renewal of taxicab licenses shall be in the same form as the initial application and be filed with the Town Clerk at least one month before the expiration date of the license being renewed. The requirements for vehicle inspection, other than the regular quarterly inspection, are not required if the vehicle is the same as that previously licensed. The requirements for fingerprinting shall not be required on renewal if there has been no change in the persons required by Section 27-2(c)(4) to be shown on the initial application.
(i)
Duty of police chief. The police chief shall review all applications
for a taxicab license and shall inform the Clerk if his records show
any criminal violations of the type that would affect the issuance
of this license.
(j)
Limit on number of licenses issued. The number of taxicab licenses
issued and outstanding at any one time shall be no greater than the
proportion of one such license to each 1,000 of population of the
Town; as shown by the last official United States census.
(k)
Limit on ownership of licenses. No single person, whether owning such license as a sole proprietorship, a member of a partnership or as a stockholder in a corporation, shall be permitted to own or control or have a beneficial interest in more than 25% of the total available taxicab licenses. However, in the event that there have not been applicants for the total available taxicab licenses and in the opinion of the Council, there is an inadequate number of taxicabs in operation in the Town to provide satisfactory service, the Council may authorize the Town Clerk to issue licenses in excess of the previously stipulated 25% to owners presently operating within the Town for a period of one year. Renewal of licenses granted under this exception shall be separately considered by the Council 30 days previous to their expiration. In no event, shall the total number of taxicab licenses issued be greater than that specified in Subsection (j) hereof.
[G.O. No. 1602, § I]
(a)
License required. No person shall operate or drive a taxicab for
hire on the streets or roads of the Town until he has procured and
has been issued a taxi drivers license by the Town Clerk. No owner
of a taxicab shall permit same to ber operated or driven for pay or
hire by anyone other than a driver so licensed. The Town Clerk shall
file a monthly report listing the drivers' licenses issued, the
fees received and applications denied with the reasons therefor. Such
a license shall be for a term of one year and shall be renewable annually
on October 1 of each year and shall be non-transferable.
(b)
To whom issued. Each applicant for a taxi driver's license must
be at least 18 years of age, must hold a driver's license issued
by the state, must be of sound physical health and good moral character
and shall have satisfied all the other requirements of this chapter,
including the payment of the required fee.
(c)
Application for license — form and content. All applications
for a taxicab driver's license shall be made in writing, in triplicate
to the Town Clerk on forms supplied by the Clerk, shall be signed
by the applicant and shall contain the following information:
(1)
Full name and address of the applicant, the residence of the applicant
for the past year, his age, the number of his state driver's
license, the details of any service in the armed forces together with
the date and nature of discharge therefrom, and the recommendation
of two residents of the state who have known him for at least one
year prior to the date of making such application.
(2)
Each application for a taxi driver's license shall be accompanied
by two recent photographs of the applicant of a size two inches by
two inches.
(3)
All applications for a taxi driver's license shall state the
owner for whom the applicant intends to drive and such owner shall
endorse the application.
(4)
A statement as to whether or not the applicant has been convicted
of a crime in this or any other State and if so the nature of the
offense, where convicted and the date of such conviction.
(5)
A statement as to whether or not the applicant has been convicted
of any traffic violations during the previous five-year period and
if so the nature of the offense, where convicted and the date of such
conviction.
(d)
Prerequisites. After completing and submitting the application as
aforesaid, the following prerequisites shall be required before a
license may be issued:
(1)
Fingerprinting. Every applicant for a taxi driver's license
shall be fingerprinted by the Police Department. Upon refusal of such
applicant to be fingerprinted, the Town Clerk shall refuse to license
the driver.
(2)
No more than two moving violations during the prior three years.
(3)
No convictions for reckless driving, leaving the scene of an accident
or operation of a motor vehicle under the influence of alcohol or
a controlled dangerous substance during the prior five years.
(4)
No convictions of a crime involving moral turpitude, violence or
threat of violence in this State or any other State or territory of
the United States.
(5)
Satisfactory certificate from the physician and ophthalmologist required
as aforesaid.
(6)
Compliance with all other provisions of this chapter.
(e)
By whom issued. Taxicab driver's license or any renewal thereof
shall be issued by the Town Clerk. No approval by the Town Council
shall be required. The Clerk shall refuse to issue such license under
the following circumstances:
(1)
The applicant has more than two moving traffic violations in the
prior three years.
(2)
Evidence of conviction of a motor vehicle offense during the prior
five years involving reckless driving, leaving the scene of an accident
or operation of a motor vehicle under the influence of alcohol or
a controlled dangerous substance.
(3)
The certificate from the physician or ophthalmologist is not satisfactory.
(4)
Evidence of conviction of a crime involving moral turpitude, violence
or threat of violence.
(5)
Evidence that the application contains any materially false statements.
(6)
Failure to comply with any other provisions of this chapter.
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In the event that the application for a taxicab driver's
license is refused by the Town Clerk, or revoked by the Clerk as provided
herein, the applicant shall have the right to appeal to the license
committee for review. Such appeal shall be in writing and set forth
the basis therefor and shall be made within 60 days of such refusal.
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(f)
Form and content of license. The license shall be in writing, numbered,
in triplicate, and signed by the Town Clerk on a form provided by
the Town and shall contain the following information: Name, address,
taxicab owner by whom employed, State driver's license number,
and badge number.
(g)
Where displayed. One copy of the taxicab driver's license when
issued shall be retained by the Clerk. The applicant shall receive
the original which shall be displayed in the taxicab by attaching
it to the right-hand visor so as to be visible by passengers. The
other copy of the driver's license shall be forwarded to the
taxicab owner or operator by whom the driver is employed and shall
be displayed in the business office of the employer.
(h)
Renewal of license. All applications for renewal of a taxicab driver's
license shall be in the same form as the initial application and filed
with the Clerk at least one month before the expiration date of the
license being renewed.
A photograph and fingerprinting shall not be required if already
supplied.
(i)
Change of address or employment. After the issuance of such license,
each licensee and the owner shall within three days from the effective
date of such change, notify the Town Clerk in writing of (1) any change
of address from that given in the application for license or (2) any
change of employment.
(j)
Duty of police chief. The Chief of Police shall review all applications
for taxi driver's license and shall inform the Clerk if his records
show any criminal violations of the type that would affect the issuance
of this license or any traffic violations within three years.
(k)
Revocation of license. The Town Clerk shall have the authority to
revoke any issued taxi driver's license upon receipt of evidence
of any fact that would have prohibited the issuance of such license.
The license shall be automatically revoked if the holder thereof shall
lose his driving privileges in any State or fail to renew his State
driver's license. If the Town driver's license is revoked,
the holder thereof and the employer shall immediately surrender the
original and copy to the Clerk and the taxicab owner shall not permit
such driver to operate a taxicab. In the event of such revocation,
the licensee shall have the right to appeal such revocation to the
license committee in writing within 60 days of such revocation.
The fees for the issuance of licenses required by this chapter
shall be as follows:
(a)
For each taxicab license, the sum of $50, for the period from the
first day of October in any year to the 30th day of September in the
following year, or any part of said period, except in the case of
any taxicab license issued on or after the 31st day of March of each
year hereafter, only 1/2 of the above fees shall be paid.
(b)
For each taxi driver's license, the sum of $5, for the period
from the first day of October in any year to the thirtieth day of
September in the following year, or any part of said period.
[G.O. No. 1485, § I]
Each owner having a taxicab licensed for operation in the Town
of Westfield shall maintain a local telephone number which will permit
a person desiring cab service to reach the dispatcher and obtain such
service.
No vehicle shall be licensed or used as a taxicab unless mechanically
safe to operate with brakes, lights, windshield wipers and signaling
devices in good working order. The owner of each taxicab operating
in the Town shall keep his taxicabs in good running order so that
they make a presentable appearance, are free from mechanical defects,
loose fenders, dents, loose doors, broken or soiled upholstery and
broken or cracked glass, or any other unsatisfactory condition, and
will afford a comfortable, safe ride to passengers.
All cars placed in taxicab service hereafter shall have the
following physical characteristics:
(a)
All car bodies shall have four doors; two leading into the passenger
compartment, so constructed that they may be opened from the inside
and the outside. Each door shall be equipped with a safety lock which
can be operated by the passenger.
(b)
All upholstery covering or interior lining, except the roof lining
of any taxicab shall be of a non-absorbent or washable material.
(c)
Floor mats shall be of removable rubber or other nonabsorbent material.
(d)
An external rear view mirror mounted in the driver's side.
[G.O. No. 1602, § II]
All vehicles placed in taxicab service shall carry the following
equipment and identification:
(a)
A passenger compartment light adequate to illuminate the interior
of the passenger compartment, which may be switched on or off by the
driver at the passenger's request.
(b)
An exterior dome light of a design approved by the Police Department,
on both sides of which shall be placed the word "Taxi" in letters
at least three inches in height.
(c)
Seat belts in number and type as delivered by the manufacturer of
the vehicle.
(d)
A flash light which shall be kept in the glove compartment.
(e)
At least three emergency road flares which shall be kept in the trunk.
(f)
A sign indicating that smoking is not permitted, which is to be displayed
in a manner and location readily visible to the passenger.
(g)
Affixed on both sides of each taxicab, a sign with one of the words,
"Taxi," "Cab" or "Taxicab" in letters at least three inches high,
and the name of the licensed owner in letters at least one-inch high
followed or preceded by the word "owner."
Each licensed driver when operating a cab shall carry the following
equipment:
(a)
A badge supplied by the Town which shall contain a badge number to
correspond with the number of the driver's license; such badge
shall be worn and displayed conspicuously on the right side of his
outer garment.
(b)
A receipt book. When requested by a passenger, the driver shall issue
a receipt to the passenger for his fare which shall show:
(c)
A driver shall carry his State and Town issued driver's license
at all times while operating the vehicle. He shall show his State
driver's license to any passenger upon request. A duplicate of
his Town issued license shall be displayed on the inside of the right
visor of the vehicle and visible from the rear seat.
(d)
Clothing worn by the driver shall be neat and clean and in good condition.
(e)
Shoes must be worn that are safe for the operation of a vehicle.
No bare feet are permitted, and all types of sandals are prohibited.
While operating a taxicab, the driver shall not wear shorts or garments
known as tank tops.
Each owner shall submit all of the vehicles owned by him and
licensed under this chapter for an inspection by the Police Department
quarterly. Such police inspections shall be made during the first
15 days of January, April, July, and October, and shall be scheduled
between the hours of 8:00 a.m. and 12:00 a.m. on two consecutive Saturdays
during such period. Such inspection shall also be made by the Police
Department prior to the initial licensing of any cab at a time other
than those set forth above, by special arrangement with the Police
Department. The nature of this inspection shall be as follows:
(a)
Required equipment. The inspector shall be assured that the cab contains
all required equipment and signs and conforms in every respect to
the requirements of this chapter.
(b)
Condition of the body. The inspector shall be assured that the body
of the taxicab is clean inside and out and does not contain loose
fenders, major dents, loose doors, broken or soiled upholstery, or
broken or cracked glass.
(c)
Lights. The inspector shall be assured that all lights and signals
required by the State Motor Vehicle Code and by this chapter are present
on the vehicle and in good working order.
(d)
Mechanical equipment. The inspector shall conduct a short test drive
of the vehicle which shall include a close observation of the steering
and handling of the vehicle and an application of the regular and
emergency brake to assure that these are in good working order.
(e)
Tires. All tires shall be checked for condition and shall have a
minimum tread depth of one-sixteenth of an inch, including the spare.
(f)
Mirrors. All mirrors required shall be present and shall be in good
condition.
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In the event that such an inspection discloses a vehicle to
be in violation of any of the terms of this chapter, or the State
Motor Vehicle Code, or in any way is found to be unsafe for the transportation
of passengers, such taxicab shall not by licensed nor used for transportation
of passengers until the necessary corrections, adjustment and repairs
have been made to the satisfaction of the Police Department. In the
case of minor defects in a vehicle already licensed which do not affect
the safe operation of the motor vehicle, the operator may continue
to operate same but must have the vehicle reinspected so that same
passes inspection within 10 days. For good cause, the Chief of Police
may waive this requirement for reinspection within 10 days so long
as the safe operation of the vehicle is not affected.
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The Police Department shall prepare a checklist form for such
inspections in triplicate signed by the officer making such inspection
and by the owner of the vehicle and after each inspection shall retain
one completed copy in its own file for a period of one year after
the inspection and shall forward a completed copy to the chairman
of the license committee and shall give one completed copy of said
form to the owner or operator of the licensed taxicab. Such inspection
shall not serve to warrant the condition of any vehicle, and any subsequent
injury to persons or property caused by an unsafe condition of the
vehicle shall not impose liability on the Town of Westfield or the
police officer making such inspection.
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[G.O. No. 1344, § 1]
No taxicab license shall be issued until the owner of the vehicle
shall have filed with the Town Clerk a public liability and property
damage insurance policy in standard form which shall comply with the
following requirements:
(a)
An insurance policy issued by an accredited insurance company authorized
to transact the business of casualty insurance in the state and acceptable
to the Town, covering each vehicle, which policy shall cover the period
included in the license to be issued by the Town. Each such policy
shall run concurrently with the fiscal year for which a license has
been issued.
(b)
Such insurance policy shall insure the owner and driver of such vehicle
with a minimum limit for each accident for bodily injury of $100,000
to any one individual or total of $300,000 for all persons injured
with a property damage loss in the minimum amount of $50,000. If said
policy is a single-limit policy, this single limit shall not be less
than $300,000.
(c)
Each such insurance policy shall contain a provision to the effect
that the same cannot be cancelled, except on at least 30 days'
notice in writing by the insurance company to the Town Clerk of the
intention of such insurance company to cancel the same.
(d)
No insurance policy shall be acceptable if the insurance coverage
is for private livery only, unless such policy expressly contains
a waiver by the insurance company that if the vehicle insured is operated
in violation of the coverage intended, the company will not claim
such violation to avoid liability thereunder.
(e)
In the event that any insurance policy covering any such vehicle
used for the transportation of passengers for hire shall lapse or
shall be cancelled by the issuing company, then the taxicab license
issued by the Town shall thereupon become void, and the owner of such
vehicle shall be required to immediately turn such license into the
Town Clerk.
[G.O. No. 1344, § 2; G.O. No. 1410, § I;
G.O. No. 1602, § III]
Notwithstanding any provision of this chapter to the contrary,
duly licensed taxicabs shall be entitled to transport passengers from
points in the Town of Westfield to other points in the Town of Westfield
at a fee or rate to be established between the passenger and operator
by mutual agreement prior to the ride commencing; however, if a fixed
rate for this service has been established by the taxicab operator
it shall be posted in the vehicle.
Every licensed taxicab driver shall obey the following rules
and regulations:
(a)
When engaged by passengers in the operation of the taxicab, all taxicab
drivers shall be neat in appearance, clean of body, and shall refrain
from smoking, using profane, abusive or insulting language.
(b)
A driver shall not consume any intoxicating liquors or any controlled
dangerous substance while operating the vehicle, and a driver shall
not operate a vehicle while under the influence of a controlled dangerous
substance or intoxicating liquor to any degree.
(c)
No driver shall convey more passengers at any one time than the seating
capacity of the taxicab.
(d)
A driver shall not solicit patronage or passengers at any locations
except those provided for in this chapter.
(e)
A driver shall thoroughly search the interior of the vehicle immediately
after the termination of each trip and note if the passenger has left
any article therein. Any property so found shall be taken to police
headquarters and turned in to the officer in charge within 24 hours.
(f)
A driver shall not refuse service to any person unless he has previously
been engaged, or unless the person seeking service is disorderly or
under the influence of intoxicating drugs or liquors. When serving
more than one passenger, the driver must serve the passenger requesting
service first, unless mutually agreed with the first passenger to
do otherwise.
(g)
If the driver carries an A.M. or F.M. radio or tape player in the
cab, as permanent equipment or otherwise, it shall not be played while
conveying passengers unless the passenger requests that it be played.
In addition to requirements of this chapter set forth in other
sections, the following shall also apply to the operation and use
of taxicabs in the Town of Westfield.
(a)
There are hereby established the following taxicab stands or stations
which shall be for the exclusive use of licensed taxicabs during the
periods indicated and no vehicle except licensed taxicabs shall occupy
space in a designated taxi stand.
(1)
Northside railroad station parking lot east of the station building
- six spaces reserved for taxicabs 24 hours per day.
(2)
Southwide railroad station parking lot east of the station at
the curb from 6:00 a.m. to 10:00 a.m. and 5:00 p.m. to 10:00 p.m.
each day except Saturdays, Sundays and holidays.
(b)
No taxicab owner or driver shall permit more than three taxicabs
operated by that owner to occupy the northside railroad taxi stands
at one time.
(c)
For the purposes of soliciting passengers, taxi stands are also established
at the regular street curbside at the following locations:
(1)
All places of worship.
(2)
All supermarkets.
(3)
The senior citizen housing project.
(4)
Any flea markets.
(5)
All Town parking lots.
(6)
The Westfield Senior High School.
(7)
The board of education administration building.
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Taxicabs shall not have exclusive use of such locations but
shall occupy them on an equal basis with the general public.
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(d)
Soliciting passengers at any of the above taxi stands is permitted.
Soliciting passengers from any other location, or from the streets
or in front of another taxicab office or from bus stops is prohibited.
Cruising for passengers is prohibited.
(e)
Nothing herein shall prohibit the loading or unloading of passengers
at any location not otherwise prohibited. Designated loading zones
may be utilized to load and unload passengers.
Any person, or persons, firms, corporation or other organizations
found to be in violation of any of the provisions of this Article
shall upon conviction thereof in Municipal Court pay a fine of not
less than $25 or more than $50 for a first offense and for each subsequent
offense, shall upon conviction pay a fine not to exceed $100. Upon
failure to pay such fine, such person shall be liable to imprisonment
for a term not to exceed 30 days.
In addition to such penalties as aforesaid, every license granted
in pursuance of this Article may be suspended or revoked by the license
committee of the Town Council of the Town, for the violation of any
provisions of this Article, after a hearing. Upon revocation or upon
expiration of such license, the owner or driver, as the case may be,
shall immediately turn all copies of his license and/or badge in to
the Town Clerk.
The Chief of Police, in the interest of public safety, may temporarily
suspend any license issued hereunder pending a hearing before the
license committee as aforesaid. Such temporary suspension shall be
promptly reported by the Chief of Police in writing to the Town Council.
The Town Clerk shall have the authority to revoke any issued driver's license as provided in Section 27-3 and the holder thereof may appeal such decision in writing to the license committee within 60 days after such revocation.
