[HISTORY: Adopted by the City Council of the City of Orange
Township 11-8-1995 by Ord. No.
27-95; amended in its entirety 9-3-2002 by Ord. No. 14-2002. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "City of
Orange Township Auto Liveries Ordinance."
Whenever used in this chapter, unless a different meaning clearly
appears from the context, the following terms shall have the meanings
indicated:
Includes any automobile or motor car used in the business
of carrying passengers for hire from private property either by the
trip, hour or day or longer period of time, and, which does not solicit
passengers for hire upon public streets of the City of Orange Township;
or any automobile or vehicle engaged in carrying passengers for hire
or under any agreement for compensation, or otherwise, on the streets
or public highways of the City of Orange Township. The seating capacity
of the livery vehicle shall not exceed fourteen (14) passengers, not
including the driver.
The City of Orange Township.
The Director of the Orange Police Department of the City
of Orange Township.
Owned, rented or leased.
Any individual, sole proprietorship, firm, partnership, association,
limited liability company, corporation or other organization, their
lessees, trustees or receivers appointed by any Court whatsoever,
and the singular or plural and masculine, feminine or neuter thereof,
unless the contrary is clearly expressed.
The Police Department of the City of Orange Township.
The approval of the auto livery inspection, the investigation
of applicants for licenses to operate such vehicles as owners thereof
and the investigation of applicants to operate or drive auto liveries,
as hereinafter provided in this chapter, and the enforcing thereof,
shall be under the control of the Director of the Police Department
who may and is hereby authorized and empowered to delegate such function.
No auto livery may be operated upon the streets of this city
unless the owner thereof shall first obtain and possess an auto livery
license, issued by the office of the City Clerk, for each and every
auto livery such owner intends to operate in the city. Also, no person
shall operate an auto livery upon the streets of this city, and no
person who owns or controls an auto livery shall permit it to be operated
upon the streets of this city, unless the driver of said auto livery
shall first obtain and possess an auto livery driver's license
issued by the office of the City Clerk.
The following license fees shall be payable to the Clerk of
the city upon initial issuance and each renewal:
A.
The fee for an auto livery owner's license shall be fifty dollars
($50.) per year, per each auto livery, and the fee for any such license
issued on or after September 1 of any year shall be twenty-five dollars
($25.).
B.
The fee for an auto livery driver's license shall be one hundred
dollars ($100.) per year and the fee for any such license issued on
or after September 1 of any year shall be fifty dollars ($50.)
A.
Applications for licenses issued hereunder shall be made upon blank
forms prepared and made available by the office of the City Clerk
in which the applicant shall state under oath:
(1)
The name, place of business, name of the company (if any), and resident
address of the applicant and whether the vehicle is owned, rented
or leased.
(2)
Description of automobile or vehicle for which the license is desired,
including year, make, model, type, serial number of body, color, bill
of sale number, state registration number and seating capacity.
(3)
Such other information which the Director of the Police Department
shall deem necessary or proper to effectuate the purpose of this chapter
and to determine whether there has been compliance with the terms
thereof.
B.
Application required; compliance; misrepresentation.
(1)
No person shall be permitted to own and operate an auto livery in
this city until he shall have made application upon such form as provided
by the City Clerk's office for an auto livery owner's license
and until such license shall first be issued by the City Clerk's
office upon the approval and recommendation of the Police Department
that the provisions hereof have been complied with. Each applicant
for a license to own and operate an auto livery under the terms of
this chapter must conform to the following conditions and regulations:
(a)
Be at least twenty-one (21) years of age and be a resident of
the State of New Jersey for one (1) year or more prior to the date
of application.
(b)
Be a licensed automobile driver of the State of New Jersey in
accordance with the motor vehicle laws, and must have had such for
a period of at least one (1) year prior to granting of a license hereunder.
(c)
Be able to read and write the English language.
(d)
Be a citizen of the United States.
(e)
Not use narcotics or be addicted to intoxicating liquors.
(f)
Produce character references from two (2) respectable citizens
of the City of Orange Township.
(g)
Complete, upon such form to be provided by the office of the
City Clerk, a statement giving said applicant's business and
home residence for the preceding five (5) years, age, race, height,
weight, color of eyes, length of time applicant has resided in the
City of Orange Township, place of previous employment, whether married
or single, whether the applicant has ever been convicted of a felony
or misdemeanor, how long the applicant has been a licensed automobile
driver of the State of New Jersey and whether his automobile driver's
license has ever been revoked, and if so, for what cause, and such
other reasonable information as the Police Department may require.
All applications herein shall be signed and sworn to by the applicant
and filed with the City Clerk who shall forward the same to the Police
Department.
(h)
Provide three (3) passport type photographs and pay fifteen
dollars ($15.) to be fingerprinted by the Police Department. One (1)
of the photographs shall be attached to the license.
(i)
Maintain a central place of business within the city.
(2)
Any misrepresentation of any material fact shall be cause for the
refusal or the revocation of such a license.
A.
Within thirty (30) days after receipt of an application by the Police Department as herein provided, the Director of the Police Department shall cause an investigation to be made of the applicant and of his proposed business operation and shall require a mandatory inspection of the auto livery to be licensed, by an auto mechanic shop. Said mechanic will be required to perform a physical examination of the brakes, steering system, suspension and exhaust system and to complete a form provided by the Police Department. The Director of the Police Department shall determine whether the automobile or vehicle is in a thoroughly safe and sanitary condition. Within fourteen (14) days after completion of the investigation and inspection, the Director of the Police Department shall either deny or approve the application and shall inform the City Clerk of his decision who will in turn notify the applicant within ten (10) days. If the application is approved, the applicant shall supply the office of the City Clerk with the insurance policies or certificates, as required herein. Upon receipt of the required policies or certificates, pursuant to Section 189-11 herein and N.J.S.A. 48:16-14, the office of the City Clerk shall issue a certificate of compliance in duplicate showing that the owner of the livery service has complied with the terms and provisions of N.J.S.A. 48:16-17 et seq.
B.
The Director of the Police Department is authorized and empowered
to establish reasonable rules and regulations for periodic inspection
of any livery and their appurtenances and for the construction, physical
appearance and condition of fitness of any livery in the interest
of public safety.
A.
The City Clerk shall approve and have the authority to issue any
auto livery owner's license hereunder upon the recommendation
by the Director of the Police Department that:
(1)
The public convenience and necessity will be served by the automobile
or vehicle for which application has been made.
(2)
The auto livery to be licensed is in a thoroughly safe condition
for the adequate transportation of passengers, is in a sanitary condition
and is reasonably free from body damage so as to provide the public
with a neat appearance.
(3)
The requirements of this chapter and all other governing laws, statutes
and ordinances have been met.
(4)
The auto livery has been properly licensed and inspected by the State
of New Jersey and has the necessary stickers affixed; and
B.
Furthermore, the City Clerk shall approve and have the authority
to issue any auto livery owner's license hereunder upon his determination
that:
(1)
The insurance policies or certificates as required herein have been procured and supplied, pursuant to Section 189-11 and N.J.S.A. 48:16-14 and the certificate of compliance has been issued by the City Clerk's office, pursuant to N.J.S.A. 48:16-17 et seq.
(2)
The applicant maintains a central place of business within the city.
Upon receipt of (a) notice by the Director of the Police Department that an application for an auto livery owner's license has been approved, (b) payment from the applicant of the proper license fee for each auto livery license and (c) evidence of the insurance required by Section 189-11 issued on behalf of the insurance company or its agent, the Clerk of the city shall issue an auto livery license to the applicant.
A.
Such license shall show the following:
(1)
Owner: Name, place of business, name of company (if any), resident
address and signature of said licensee, or authorized representative.
(2)
Automobile or vehicle: Year, make, model, type, serial number of
body, color, bill of sale number, state registration number and seating
capacity.
(3)
City license number and date of issuance.
(4)
The date of expiration in accordance with the terms hereof.
A.
Prior to the issuance of an auto livery owner's license, the
applicant must file with the City Clerk of the city of the City of
Orange Township, an insurance policy, of a company duly licensed to
transact business under the insurance laws of this state in the sum
of one million five hundred thousand dollars ($1,500,000.) to satisfy
all claims for damages by reason of bodily injuries or death suffered
by any person or for damages to property of all persons on account
of any accident occurring by reason of the ownership, operation, maintenance
or use of an auto livery upon any public street, pursuant to N.J.S.A.
48:16-14. The owner shall furnish the City Clerk with evidence that
the premium for the full period of the licensing year has been paid
in full. Each policy shall contain an endorsement providing for thirty
(30) days written notice from the insurance company to the city in
the event of any change in the policy or cancellation of the policy.
The auto livery license, if issued pursuant to the provisions herein,
shall become effective and operation thereunder shall be permitted
only as long as the insurance policy shall remain in force to the
full and collectible amounts as aforesaid. Upon receipt of the required
policies or certificates, pursuant to this section and N.J.S.A. 48:16-14,
the office of the City Clerk shall issue a certificate of compliance
in duplicate showing that the owner of the livery service has complied
with the terms and provisions of N.J.S.A. 48:16-17 et seq.
B.
Each insurance policy shall provide for payment of any final judgment
recovered by any person on account of the ownership, maintenance or
use of the livery or any fault in respect thereto and shall be for
the benefit of every person suffering loss, damage or injury as aforesaid.
C.
If an owner operates more than one (1) livery, it may file with the
City Clerk a blanket insurance policy of a company licensed to transact
business under the laws of New Jersey in the minimum sum of fifty
thousand dollars ($50,000.), which shall be blanket insurance covering
all liveries operated by such owner and which shall provide for the
payment of any financial judgment recovered by any person on account
of the ownership, maintenance and use of any such limousine or livery
vehicles or any fault in respect thereto and shall be for the benefit
of every person suffering loss, damage or injury as aforesaid.
D.
In addition to the insurance requirements set forth above, the owner
of every auto livery shall execute and deliver to the City Clerk,
concurrent with the filing of the insurance policy referred to in
this section, a power of attorney wherein the owner shall appoint
the City Clerk as his true and lawful attorney for the purpose of
acknowledging service of process from a court of competent jurisdiction
to be served against the insured by virtue of the indemnity granted
under the insurance policy filed, pursuant to N.J.S.A. 48:16-16.
E.
The owner of every auto livery shall defend, indemnify and hold harmless
the municipality, its officers, directors, officials, agents and employees
from any and all claims, demands, suits, actions or proceedings of
any kind or nature whatsoever pertaining to damages to property or
injuries to or death of any person, including employees or agents
of the Police Department, including Worker's Compensation claims
by auto livery drivers or by anyone whomsoever, as a result of any
acts or omissions of employees, volunteers, or agents of the municipality,
the Police Department, any off-duty police officer or otherwise, as
a result of the services to be provided and/or permitted hereunder.
The office of the City Clerk, as well as the Police Department,
shall maintain records of all persons and vehicles licensed or rejected
for licenses, pursuant to the provisions of this chapter. Such records
shall contain all information relating to ownership and operation
of such licenses and vehicles and shall be open to inspection by the
public for good cause shown at reasonable times and shall constitute
public records, extracts of which may be certified by the City Clerk
for use as legal evidence.
No auto livery shall bear any insignia or descriptive color
or marking which tends to or may confuse the said vehicle with a taxicab.
A.
The vehicle described on the auto livery license may be lawfully
substituted or replaced by another vehicle only after receiving written
permission therefor from the Director of the Police Department and
the City Clerk.
B.
No auto livery license shall be sold, assigned or otherwise transferred
without the consent of the Director of the Police Department and the
City Clerk given in writing. With such consent, which shall be granted
only upon the filing of an application by the prospective transferee
and a finding that he would be qualified to receive a license in accordance
with the provisions of this chapter, the license may be transferred,
provided that it is to be used by the transferee in the bona fide
operation of an auto livery business. No auto livery license shall
be assigned, mortgaged, pledged or otherwise transferred to secure
a debt, loan, advance or other financing transaction.
A.
No person shall be permitted to drive a livery auto until he shall
have made application upon such form as provided by the City Clerk's
office for an auto livery driver's license and until such license
shall first be obtained from the City Clerk's office upon the
approval and recommendation of the Police Department that the provisions
hereof have been complied with.
B.
Each applicant for a driver's license to operate an auto livery
under the terms of this chapter must conform to the following conditions
and regulations:
(1)
Be of the age of eighteen (18) years or over and be a resident of
the State of New Jersey for one (1) year or more.
(2)
Be a licensed automobile driver of the State of New Jersey in accordance
with the motor vehicle laws, and must have had such for a period of
at least one (1) year prior to granting of a license hereunder.
(3)
Be able to read and write the English language.
(4)
Be a legal resident of the United States.
(5)
Not use narcotics or be addicted to intoxicating liquors.
(6)
Produce character references from two (2) reputable citizens of the
City of Orange Township.
(7)
Present a certificate of a reputable physician showing that he has
been examined within thirty (30) days of the date of the application
for such license and that the applicant is of sound physical condition,
with good eye sight, not subject to epilepsy, vertigo, heart trouble
or any other infirmity or disease of the body or mind which might
render such applicant unfit for the safe operation of a livery.
(8)
Fill out, upon such form to be provided by the Office of the City
Clerk, a statement giving said applicant's residence for the
preceding five (5) years, age, color, height, weight, color of eyes
and hair, place of birth and length of time the applicant has resided
in the City of Orange Township, place of previous employment, whether
married or single, whether the applicant has ever been convicted of
felony or misdemeanor, how long the applicant has been a licensed
automobile driver of the State of New Jersey and whether his automobile
driver's license has ever been revoked and, if so, for what cause
and such other reasonable information as the Police Department may
require. All applications herein shall be signed and sworn to by the
applicant and filed with the City Clerk who shall forward the same
to the Police Department.
(9)
Provide three (3) passport type photographs and pay fifteen dollars
($15.) to be fingerprinted by the Police Department. One (1) of the
photographs shall be attached to the license.
C.
Any misrepresentation of any material fact shall be cause for the
refusal or the revocation of such a license.
A.
The Director of the Police Department shall investigate the driving
record and moral character of each applicant for the livery driver's
license and shall determine whether said applicant has a sufficiently
good driving record and good moral character to be issued a livery
driver's license.
B.
If such determination is in favor of the applicant, he shall be issued, by the office of the City Clerk, upon payment of the license fee set forth in Section 189-6B, a livery driver's license. All licenses issued under this chapter shall be issued to expire on the 31st day of March next succeeding the date of issuance, unless sooner suspended or revoked by the Director of the Police Department as hereinafter provided in Section 189-21.
C.
When duly issued, the livery driver's license shall contain
the name, photograph, signature of said licensee, city license number,
date of issuance, and such other information as the Director of the
Police Department may reasonably require. Such license shall be signed
by the Director of the Police Department and by the City Clerk and
shall be in the possession of the driver of the livery.
An owner or driver, in applying for renewal of his license,
shall make such application upon a form to be furnished by the office
of the City Clerk.
All requirements herein pertaining to auto livery drivers shall
also apply to the owners who permit their auto livery to be driven
by such drivers.
A.
No auto livery shall be operated on the streets of this city unless
mechanically safe to operate, with brakes, lights, windshield wipers
and signaling devices in good working order. All liveries shall be
inspected as required by the State Motor Vehicle Code and, in addition,
the Director of the Police Department may require any auto livery
to be inspected at the cost of the owner whenever he shall deem the
same to be necessary or desirable. The interior and exterior of all
liveries shall be kept clean and in good condition.
B.
Equipment of auto livery. The equipment of each licensed auto livery
shall include the following:
(1)
A rate schedule card in a frame as approved by the Police Director
must be displayed on the back of the driver's seat.
(2)
Any radio in the vehicle operating between five hundred fifty (550)
and one thousand six hundred (1,600) kilocycles shall be operated
at the discretion of the passenger and at no other time.
(3)
Safety belts and/or restraining devices as delineated in N.J.S.A.
39:3-76.2.
C.
Equipment of driver.
(1)
A driver shall pay a refundable fifty dollar ($50.) deposit to obtain
a badge, which shall be supplied by the City Clerk. Such badge shall
be conspicuously displayed on the right chest of his outermost garment
at all times while operating the livery. The badge shall show the
license number assigned to the driver's license. Said badge shall
be the property of the city. The same shall be returned to the city
upon leaving the employ of the livery owner and the deposit shall
be refunded.
(2)
A driver shall carry his city auto livery driver's license at
all times while operating the vehicle. He shall show the license to
any police officer or passenger upon request.
(3)
A receipt book of forms showing the driver's full name and badge
number shall be carried. A receipt showing the fare charged must be
given to every passenger whenever and as requested.
D.
Conduct of driver.
(1)
A driver shall not operate a vehicle while, to any degree, under
the influence of drugs or intoxicating liquors.
(2)
Smoking while carrying passengers is prohibited except with the permission
of the passenger.
(3)
Disrespectful conduct or the use of abusive or insulting language
to a passenger is prohibited.
(4)
A driver shall not solicit patronage for restaurants, nightclubs,
cabarets, dance halls, hotels or like places nor solicit for any place
maintained in violation of the law.
(5)
A driver shall not refuse service to any orderly person.
(6)
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. Unless sooner claimed or delivered to the rightful
owner, any property so found shall be taken to the Police Department
headquarters and turned in to the officer in charge within six (6)
hours of the finding thereof.
(7)
All drivers shall be clean and neat in appearance at all times when
operating a livery.
(8)
All drivers shall comply with all reasonable and lawful requests
of passengers as to speed and the route to be taken. Where such requests
are not made by the passenger, such driver shall use lawful and reasonable
speed and the most expeditious route to be taken to such passenger's
destination.
(9)
Any motor vehicle accident involving an auto livery must be reported
immediately to the Police Department and the auto livery shall not
be moved until released by the police.
(10)
No driver shall permit more than the maximum combination of
adults and children to be carried in a livery, as designated by the
manufacturer of that livery. However, under no circumstances shall
more than one (1) adult or one (1) child, in addition to the driver,
ride in the front seat of any vehicle.
(11)
No driver shall operate an auto livery and transport a child
under the age of five (5) years without properly utilizing a child
passenger restraint system, pursuant to N.J.S.A. 39:3-76.2 et seq.
A.
Each and every licensed owner of an auto livery shall record, in
a book kept solely for such purpose, the time of departure from the
garage of each such livery licensed under this chapter, giving the
name and address of the driver thereof, his license number and the
license number of the auto livery and the time of the return to the
garage of each such auto livery, which book shall be kept open for
inspection at all times by a duly authorized representative of the
Police Department.
B.
The driver of each auto livery shall keep a daily record upon which
all trips are recorded, showing state registration number of vehicle,
name and license number of driver, time and place of origin and destination
of each trip and amount of fare, and all such records shall be retained
for two (2) years by the owner, who shall be responsible for the maintenance
of daily records of all auto liveries owned by him. The forms for
such record shall be of a character approved by the Director of the
Police Department and shall be subject to inspection at any time by
the Police Department or someone authorized by the Mayor or City Council.
The making of a false statement and/or the disclosure thereof
in any application or record required by this chapter shall constitute
a violation of this chapter.
A.
Any license granted pursuant to this chapter may be suspended at
any time for a period of not more than twenty (20) days by the Director
of the Police Department if such licensee (i) does not fully comply
with all the requirements, conditions and other provisions of this
chapter, or (ii) has violated any ordinance of the City of Orange
Township or the laws of the United States or of the State of New Jersey,
which reflect unfavorably on the fitness of such licensee to be so
licensed.
B.
Any licensee who shall have his license suspended, as per above,
shall be given, within the twenty (20) day period of suspension, a
hearing before the Director of the Police Department upon at least
five (5) days' notice in writing. After such hearing, the Director
of the Police Department shall determine whether the qualifications
of said licensee have been so adversely affected as to require an
extension of the suspension or a revocation of such license. However,
if the Director of the Police Department should determine otherwise,
then he shall reinstate said license as soon as practicable.
C.
The suspension or revocation of any licensee's license shall not preclude further penalization as prescribed below in Section 189-24 of this chapter of any person who is also adjudged guilty of violating any of the provisions of this chapter.
D.
The Director of the Police Department may revoke any license which
has been inactive for thirty (30) days or more, unless there is a
showing of good cause on the part of the licensee to the Director
to permit the continued use of said license.
E.
If any license is suspended or revoked by the Director of the Police
Department pursuant to this section, the Director shall immediately
notify the City Clerk of such suspension or revocation.
This chapter shall not apply to any omnibus license or license
regulated by any other ordinance of the City of Orange Township or
by any state or federal statute, rule or regulation to the extent
that it superseded this chapter.
Any taxicab licensee whose license has been issued by the City
of Orange Township shall not be granted an auto livery license.
In addition to any other penalty provided by other sections
of this chapter, any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punished
by a fine not to exceed five hundred dollars ($500.) or by imprisonment
in the county jail for a period not to exceed ninety (90) days, or
by both such fine and imprisonment, and each violation of any of the
provisions of this chapter and each day the same is violated shall
be deemed and taken to be a separate and distinct offense.
Owners and drivers of livery used exclusively for funerals and
weddings are exempt from the terms and conditions contained in this
chapter.
If any part of this ordinance shall be held unenforceable, the
rest of this ordinance shall nevertheless remain in full force and
effect.
