[1982 Code § 201-1; Ord. No. 1376-05-13]
As used in this article:
Shall mean the operator of a taxicab or limousine licensed
to operate in the Borough of Little Ferry.
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 of no more than five (5) passengers, not including
the driver, provided such vehicle is certified by the manufacturer
of the original vehicle to conform to all applicable Federal Motor
Vehicle Safety Standards promulgated by the United States Department
of Transportation pursuant to 49 CFR Part 571 (49 CFR 571.1 et seq.)
and 49 CFR Part 567 (49 CFR 567.1 et seq.).
For the purpose of this article, specifically excludes a
vehicle that has been altered, stretched, or otherwise changed or
certified by a second-stage or post-factory production manufacturer,
or that can otherwise seat more than five (5) passengers not including
the driver, regardless of whether the vehicle has been certified by
the manufacturer of the original vehicle and the second-stage manufacturer,
if applicable, to conform to all applicable Federal Motor Vehicle
Safety Standards promulgated by the United Stated Department of Transportation
pursuant to 49 CFR Part 571 (49 CFR 571.1 et seq.) and 49 CFR Part
567 (49 CFR 567.1 et seq.).
By way of illustration only, an example of a limousine specifically
excluded by this definition would be a limousine commonly referred
to or known as a "stretch" limousine.
Shall mean transporting in a taxicab or limousine one (1)
or more persons for hire, except that a passenger to be transported
for hire from a point of departure within the Borough to a destination
within or without the Borough shall be considered "operation" within
the Borough. The "operation" by one other than the owner shall be
deemed "operation" by the owner as well as by the person actually
driving. The transportation of any person other than the owner or
driver in any motor vehicle bearing a sign using the words "taxi,"
"taxicab," "cab" or "hack," "limousine," "auto livery" and "auto cab"
shall be presumed in the absence of evidence to the contrary to be
"operation."
Shall mean the person, partnership, association, corporation
or other legal entity who is registered as the owner of any taxicab
or limousine in the State Motor Vehicle Commission or under this article.
Shall mean a motor vehicle or automobile engaged in the business
of carrying passengers for hire which is held out, announced or advertised
to operate on and over the public streets and highways of the Borough
and particularly accepts persons who may offer themselves for transportation
from a place within the Borough.
[1982 Code § 201-2A]
No person shall hire, keep or use for hire or pay any taxicab
without first having obtained a license for that purpose from the
Borough Clerk for each such taxi.
[1982 Code § 201-2B]
Taxi licenses will be issued to the following only:
[1982 Code § 201-2C]
a.
All applications for a taxi owner's license, or renewal thereof,
shall be made in writing to the Borough Clerk on forms supplied by
the Clerk and shall be signed by the applicant. All applications shall
contain the following information:
1.
Name, business address, home address, business telephone number,
residence telephone number and age of the 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 ten (10%) percent 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 as provided for in this article.
3.
For each vehicle to be licensed, the name of the 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 or, in cases where a corporation
is the applicant, its president, manager and each stockholder holding
ten (10%) percent 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.
b.
All applications 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 and the amount and type of coverage required by this
article and shall refer thereon to the vehicle to be insured by make,
year and serial number.
[1982 Code § 201-2D; Ord. No. 1040-27-00 § 201-2D]
At the time of the application, each licensee shall submit to
a criminal background check to be performed by the Little Ferry Police
Department. The background check shall consist of the licensee being
fingerprinted and the fingerprints being forwarded to the New Jersey
State Police and the State Bureau of Investigation for a background
check.
The applicant shall also submit a money order payable to the
"N.J.S.P. S.B.I." in an amount necessary to cover the cost of the
criminal background check.
[1982 Code § 201-3]
No taxicab license shall be granted authorizing operation of
any vehicle as a taxi unless the vehicle conforms with all of the
provisions of this article. The vehicles must pass inspection prior
to being licensed.
[1982 Code § 201-4]
The Governing Body shall, within thirty (30) days of the filing
of an application, either grant or deny the license. Applications
shall be considered in the order in which they are received. There
shall be a separate license issued for each taxicab to be licensed.
The Borough Clerk will issue a license which shall state:
a.
The name and address of the applicant;
b.
The description of the vehicle authorized on the license;
c.
The minimum hours of service to be provided;
d.
The approved location of the cab stand, if any;
e.
The date of issuance;
f.
The telephone number of the owner;
g.
The license number; and
h.
The name, address and telephone number of the insurance agent and
the name of the company supplying insurance coverage.
[1982 Code § 201-5]
The number of licenses authorized by this article is limited
to and shall not exceed twenty-four (24) in number.
[1982 Code § 201-6]
The original taxi license shall be displayed in the taxicab
by affixing it to the right hand visor; the license must be visible
at all times to passengers in the licensed vehicle. A copy of the
license shall be retained by the Borough Clerk.
[1982 Code § 201-7]
a.
Term. A taxicab license shall be issued for a term of one (1) year
commencing on April 1 and expiring on March 31.
b.
Fee. The annual license fee shall be twenty-five ($25.00) dollars
for each vehicle license. When an application for a license is made
during the course of any licensing year, the fee shall be prorated
to the nearest month. Any period of time greater than one-half (1/2)
month shall be considered a full month for the purpose of determining
the prorated fee.
c.
Renewal. Licenses may be automatically renewed subject to the approval
of the Chief of Police and Borough Clerk, upon payment to the Borough
Clerk of the annual fee of twenty-five ($25.00) dollars for each vehicle.
d.
Review by Police Chief. The Police Chief shall review all applications
for a license or renewal of a license and shall inform the Borough
Clerk if his records indicate any criminal violations of the type
that would affect the issuance of a license or renewal thereof.
[1982 Code § 201-8]
No single person, whether owning a license as a sole proprietorship,
member of a partnership or as a stockholder owning more than ten (10%)
percent of the stock of the corporation, shall be permitted to own
or control or have a beneficial interest in more than sixty (60%)
percent 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 Borough Council there is inadequate
number of taxis in operation to provide satisfactory service, the
Borough Council may authorize the Borough Clerk to issue licenses
in excess of the previously stipulated sixty (60%) percent to owners
presently operating within the Borough for a period of one (1) year.
Renewal of licensees granted under this exception shall be separately
considered by the Borough Council thirty (30) days prior to the license's
expiration.
[1982 Code § 201-9]
a.
No taxi license may be sold, assigned, mortgaged or otherwise transferred.
b.
Substitution.
1.
A licensee, however, may be permitted to substitute a vehicle or
driver in the place of a licensed vehicle and registered driver, provided
that notice of the proposed substitution is given to the Borough Clerk,
which notice shall contain the following information:
(a)
The Borough license number of the vehicle replaced.
(b)
The date and time of replacement.
(c)
The reasons for replacement.
(d)
The insurance coverage of the vehicle substituted.
(e)
In the case of a substitute driver, his name, address, age and
New Jersey driver's license number; and provided further that the
substituted vehicle, if any, shall have passed inspection as further
provided in this article.
2.
A substitution meeting the terms of this subsection shall be approved
upon the payment of a substitution fee of ten ($10.00) dollars.
[1982 Code § 201-10]
a.
The Borough Council shall have the authority to suspend or revoke
any taxicab license issued under this article whenever, for just cause
and in the public interest, the Borough Council deems suspension or
revocation is warranted, including, but not by way of limitation,
where the licensee has:
1.
Discontinued operations for more than thirty (30) days.
2.
Violated any ordinance of the Borough or the laws of the United States
or the State of New Jersey, the violation of which reflects unfavorably
on the fitness of the licensee to offer public transportation.
3.
Violated any of the provisions of this article.
4.
Performed any act which would be a basis for a denial of the application.
b.
Prior to suspension or revocation, the licensee shall be given written
notice of the action proposed to be taken and the reasons therefor
and shall be given an opportunity to be heard.
[1982 Code § 201-11A]
No person shall operate or drive a taxicab for hire until he
has procured and has been issued a taxi driver's license by the Borough
Clerk. No owner of a taxi shall permit same to be operated or driven
for pay or hire by anyone other than a driver so licensed. The Borough
Clerk shall maintain a current report listing the driver's licenses
issued, fees received and applications denied and the reasons therefor.
A taxi driver's license shall be nontransferable.
[1982 Code § 201-11B]
Each applicant for a taxi driver's license must be at least
eighteen (18) years of age, must hold a driver's license issued by
the State of New Jersey, must be of sound physical health and good
moral character and shall have satisfied all requirements of this
article, including the payment of the required fee. The applicant
must submit with his application a certificate from a physician certifying
that the applicant has been examined within the preceding thirty (30)
days and has no infirmity of mind or body that might render him unfit
for the safe operation of a taxicab.
[1982 Code § 201-11C]
a.
All applications for taxicab drivers' licenses shall be made in writing
to the Borough Clerk and shall contain the following information:
1.
Name and address of applicant.
2.
Age.
3.
State driver's license number.
4.
A statement as to whether the applicant has been convicted of a crime
and, if so, the nature of the offense, where convicted and date of
conviction.
5.
A statement as to whether the applicant has been convicted of a traffic
violation during the previous five (5) year period and, if so, the
nature of the offense, where convicted and the date of such conviction.
b.
Attached to the application, the applicant shall provide two (2)
recent photographs of a size two and one-half by two and one-half
(2 1/2 x 2 1/2) inches and the license fee.
[1982 Code § 201-12; Ord. No. 1040-27-00 § 201-12]
a.
Upon filing of the application, the Borough Clerk shall refer the
same to the Chief of Police, who shall conduct an investigation and
make a report to be attached to the application along with the Chief
of Police's recommendation of approval or disapproval. The application
with the report of the Chief of Police shall be returned to the Borough
Clerk.
b.
The reasons for a recommendation of disapproval by the Chief of Police
shall be if he finds the applicant:
1.
Has been convicted of a crime.
2.
Has been convicted of driving a motor vehicle resulting in death
to any person or of driving a motor vehicle while under the influence
of intoxicating liquor or a narcotic or habit-producing drug.
3.
Has been convicted of violating any Federal or State law relating
to prostitution or the use, possession or sale of narcotic drugs or
intoxicating liquors.
4.
Has been a habitual violator of traffic laws.
5.
Has been a habitual user of intoxicating liquors or narcotic drugs.
6.
Had a New Jersey driver's license or Borough taxi driver's permit
suspended or revoked.
7.
Has been deemed unfit to drive a taxicab for just cause by the Chief
of Police.
c.
Criminal Background Check. At the time of the application, each licensee
shall submit to a criminal background check to be performed by the
Little Ferry Police Department. The background check shall consist
of the licensee being fingerprinted and the fingerprints being forwarded
to the New Jersey State Police and the State Bureau of Investigation
for a background check.
The applicant shall also submit a money order payable to the
"N.J.S.P. S.B.I." in an amount necessary to cover the cost of the
criminal background check.
[1982 Code § 201-12C]
If the application is rejected, the applicant may request a
hearing within thirty (30) days of the denial of his application.
[1982 Code § 201-13]
Upon the approval of the Chief of Police and the payment of the permit fee, the Borough Clerk shall issue to the applicant a Taxicab Driver's License which shall contain the name, address, age, description, signature and name of the taxicab licensee employing him and the photograph referred to in subsection 4-53.3, which shall be attached to the Taxicab Driver's License.
[1982 Code § 201-14A]
A Taxicab Driver's License shall be issued for a term of one
(1) year commencing on April 1 and expiring March 31.
[1982 Code § 201-14B]
The annual fee for the driver's permit shall be five ($5.00)
dollars, payable to the Borough Clerk.
[1982 Code § 201-14C]
The driver's permit may be automatically renewed subject to
the approval of the Chief of Police and Borough Clerk upon the payment
of the annual fee of five ($5.00) dollars, unless the permit has been
revoked.
[1982 Code § 201-14D]
The Police Chief shall review all applications for a permit
or renewal of a permit and shall inform the Borough Clerk if his records
indicate any criminal violations of the type that would affect the
issuance of a permit or renewal thereof.
[1982 Code § 201-15]
a.
The Chief of Police shall have and is hereby given the authority
to suspend or revoke any Taxicab Driver's License if the permittee
has:
b.
A person whose permit is suspended or revoked may request a hearing
before the Mayor and Borough Council. The request must be made within
thirty (30) days of suspension or revocation. The hearing shall be
held at the next regular meeting of the Mayor and Borough Council
occurring at least ten (10) days after the request for hearing.
[1982 Code § 201-16]
Every driver of a taxicab licensed under this article shall
post a Taxicab Driver's License in a conspicuous place so as to be
in full view of all passengers while he is out operating the taxicab.
[1982 Code § 201-17]
a.
Before a taxicab license is issued under this article, and annually
thereafter, the taxicab shall be inspected by the Chief of Police
or his representative, at a place designated by the Chief of Police,
to ascertain whether the taxicab is in a safe and sanitary operating
condition.
b.
The Chief of Police or his representative may make irregular inspections
of taxicabs to ascertain compliance with this section.
[1982 Code § 201-18]
Any taxicab license under this article which is found, after
police inspection, to be unsafe or in any way unsuitable for taxicab
service or to fail to conform to the requirements of this article
may be immediately ordered out of service by the Chief of Police and,
before again being placed in service, shall be delivered to the Chief
of Police or his representative for reinspection.
[1982 Code § 201-19]
If at any time, in the opinion of the Mayor and Borough Council,
it becomes advisable, the Mayor and Borough Council may adopt by resolution
a schedule of rates to be charged by the owners or drivers of taxicabs
or other vehicles for the transportation of passengers as, in its
judgment, may seem fair and reasonable.
[1982 Code § 201-20]
a.
No owner or driver shall refuse or neglect to accept a passenger
for a trip wholly or partially within the limits of the Borough of
Little Ferry.
b.
No person shall operate a taxicab unless it is equipped with seat
belts for the front and rear seats.
c.
No license shall give to the holder the right to occupy any private
place as a taxicab stand within the Borough.
d.
No person shall park a taxicab or loiter on any of the public streets
of the Borough when not actually engaged by a fare-paying passenger.
e.
No person shall cruise any of the public streets of the Borough for
the purpose of soliciting passengers.
f.
No person operating a taxicab shall permit any person other than
the passenger being transported for hire in or about such taxicab
when in service as a taxicab, except with the permission of the passenger.
g.
There is reserved to the Mayor and Borough Council the right to make
such rules and regulations in relation to the operation of taxicabs
and the conduct of operations thereof as the Governing Body may from
time to time determine to be necessary and proper in the best interest
of the citizens of the Borough.
[1982 Code § 201-21]
The Chief of Police shall be charged with the duty of enforcing
the provisions of this article.
[1982 Code § 201-22; New]
[1982 Code § 201-23; Ord. No. 1040-27-00 § 201-23]
No person shall hire, keep or use for hire or pay or cause to
be kept or used for hire or pay any limousine utilizing the Borough
of Little Ferry as a principal place of business as expressed in N.J.S.A.
48:16-18 without having first obtained a license for that purpose
from the Borough Clerk for such limousine. Such license shall be known
as a "limousine license" and shall be for a term of one (1) year.
All "limousine licenses" shall expire on January 31 of each year,
regardless of when such license was originally issued, and shall be
renewable annually on February 1 of each year.
[1982 Code § 201-24; Ord. No. 1048-7-01 § 201-24]
The fee for the issuance of such license shall be in accordance
with the fee allowed as set forth in N.J.S.A. 48:16-17.
[Ord. No. 1040-27-00 § 201-30]
a.
Upon filing of the application, the Borough Clerk shall refer the
same to the Chief of Police, who shall conduct an investigation and
make a report to be attached to the application along with the Chief
of Police's recommendation of approval or disapproval. The application
with the report of the Chief of Police shall be returned to the Borough
Clerk.
b.
The reasons for a recommendation of disapproval by the Chief of Police
shall be if he finds the applicant:
1.
Has been convicted of a crime.
2.
Has been convicted of driving a motor vehicle resulting in death
to any person or of driving a motor vehicle while under the influence
of intoxicating liquor or a narcotic or habit-producing drug.
3.
Has been convicted of violating any Federal or State law relating
to prostitution or the use, possession or sale of narcotic drugs or
intoxicating liquors.
4.
Has been a habitual violator of traffic laws.
5.
Has been a habitual user of intoxicating liquors or narcotic drugs.
6.
Had a New Jersey driver's license or limousine driver's permit suspended
or revoked.
7.
Has been deemed unfit to drive a limousine for just cause by the
Chief of Police.
c.
If the application is rejected, the applicant may request a hearing
within thirty (30) days of the denial of the application.
d.
Criminal Background Check. At the time of the application, each licensee
shall submit to a criminal background check to be performed by the
Little Ferry Police Department. The background check shall consist
of the licensee being fingerprinted and the fingerprints being forwarded
to the New Jersey State Police and the State Bureau of Investigation
for a background check.
The applicant shall also submit a money order payable to the
"N.J.S.P. S.B.I." in an amount necessary to cover the cost of the
criminal background check.
[1982 Code § 201-25]
The Borough Clerk shall issue such license after satisfactory
compliance by the applicant with the provisions of N.J.S.A. 48:16-13
et seq. and the payment of the aforesaid fee.
[1982 Code § 201-26; Ord. No. 1048-7-01 § 201-26]
The Borough Clerk, upon the filing of the required insurance
policy and the payment of the fee in the amount required by N.J.S.A.
48:16-17, shall issue in duplicate a license to operate showing that
the owner of the limousine has complied with the requirements of N.J.S.A.
48:16-13 et seq. The license issued by the Borough Clerk shall comply
with all requirements as set forth in N.J.S.A. 48:16-17.
[1982 Code § 201-28]
The original limousine license shall be displayed in the limousine
by affixing it to the right-hand visor. The license must be visible
at all times to passengers in the licensed vehicle. A copy of the
license shall be retained by the Borough Clerk.
