[Ord. #2218, § 1]
The purpose of this chapter is to provide for the licensing and regulation of taxicabs and taxicab drivers in the Township of Lyndhurst to preserve and protect the public safety and welfare.
[Editor's Note: Prior ordinances codified herein include portions of Ord. Nos. 1424, 1609, 1727, 1972.]
[Ord. #2218, § 2]
As used in this chapter, the following terms shall have the meanings indicated:
Shall mean a license issued by the township clerk, or her designee, to a person to drive a taxicab within the Township of Lyndhurst.
Shall mean any individual, corporation, partnership, unincorporated association or other legal entity.
Shall mean a license issued by the township clerk or her designee, to a person to maintain and operate a vehicle or vehicles to be used for taxicab/autocab business.
Shall mean any motor vehicle with a carrying capacity of not more than nine passengers, not including the driver, commonly called a "taxi" or "taxicab", used in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets within the Township of Lyndhurst and particularly accepts and discharges such person or may offer themselves for transportation from point or places within or outside the township.
[Ord. #2218, § 3]
a.
Taxicabs. No person shall pick up for hire any person in the Township of Lyndhurst unless the taxicab and the driver thereof are licensed pursuant to the terms of this chapter.
b.
No taxicab license may be transferred or assigned to another vehicle unless there is consent given by the board of commissioners, upon recommendation of the chief of police.
[Ord. #2218, § 3]
No person who owns a taxicab required to be licensed under this chapter shall allow a person to operate such taxicab unless such person is licensed to operate such vehicle in accordance with this chapter. It shall be the obligation of the owners of a taxicab to determine whether such operator is licensed hereunder. It shall be a violation of this chapter for both the owner and the operator of a taxicab, if the operator is not licensed properly.
[Ord. #2218, § 4; Ord. #2872-12, § 3]
a.
The annual taxicab license fee shall be $60 per year per vehicle and shall be effective from January 1 to December 31 of each calendar year or part thereof, and shall be apportioned as follows: Application/licensing fee — $35 per vehicle Inspection fee — $25 per vehicle (non-refundable)
At the time of submitting an application, the proposed licensee shall pay $25 nonrefundable inspection fee, whereupon if the vehicle passes inspection, the $35 application/license fee shall be paid within five days of such time on notice of such vehicle passing such inspection, whereupon a license will be issued immediately. The township shall not inspect any vehicle wherein such application review discloses that no such license can be issued hereunder. In the event that the vehicle fails inspection the $25 fee shall not be refunded, and there shall be an additional $25 inspection fee for any additional inspection. Written notice of the results and determination of any inspection or reinspection shall be forwarded within three business days of such inspection.
For the purpose of this chapter and this section, "inspection", "reinspection", and "spot inspection", as the case may be, shall mean any physical inspection of the subject vehicle to determine compliance with this chapter, including riding in the subject vehicle.
b.
The annual operator's license fee shall be $25 and shall be effective from January 1 to December 31 of each calendar year or part thereof.
d.
Such inspection shall be made within 20 days of the date of application properly filed with the office of the township clerk. In the event that a vehicle is not inspected within said twenty-day period, or the applicant misses or cancels two appointments to inspect such vehicle, such vehicle shall be deemed to have failed the inspection and the inspection fee of $25 shall be forfeited.
e.
Taxicab and operator's licenses are renewable upon payment of the annual fee and the filing of an annual renewal application by December 31 of the preceding year, subject to compliance with all other provisions of this chapter.
f.
Any licensed taxicab must be relicensed by January 10 of the following year may be submitted after December 1st. It is expressly noted that no vehicle, regardless of whether it has been in service before, may operate in the Township of Lyndhurst without a new license after said January 10th.
The township clerk shall make such rules and regulations to effectuate the licensing procedure and the scheduling of inspections or reinspection.
[Ord. #2218, § 5; Ord. #2872-12, § 3]
Every applicant for a taxicab license or operator's license shall make application therefor on forms furnished by the township clerk, and the same shall be complete and verified under oath and filed with said township clerk.
a.
Applicants for a taxicab license shall furnish the following information and any such information that from time to time is deemed necessary on forms supplied by the township clerk:
1.
The corporate or trade name of the applicant and the address of the applicant from which the taxicab business shall be conducted.
2.
The names and addresses of all stockholders of said business.
3.
The year, type and model, vehicle identification number and registration of the vehicle for which the license is desired.
4.
Evidence of insurance as required by law.
5.
The number of persons the vehicle is designed to carry.
6.
The minimum intended hours per day of operation of the vehicle.
b.
Applicants for an operator's license shall furnish the following information on forms provided by the township clerk:
1.
The name and address of the applicant.
2.
The age, height and color of eyes and hair.
3.
A copy of the applicant's New Jersey driver's license.
4.
Whether the applicant has ever been convicted of any crime of the first, second, third or fourth degree.
5.
A passport-type photograph (front view) taken within 30 days of the application.
[Ord. #2218, § 6; Ord. #2872-12, § 3]
[Ord. #2218, § 7]
a.
The board of commissioners do hereby designate the township clerk or such designee as he/she chooses, to issue taxicab licenses. Such taxicab licenses shall be issued to all applicants who are fit, willing and able to perform such public transportation as required herein, and conform to the provisions of this chapter, including payments of proper fees and inspection of the licensed vehicle.
b.
The approval of an application by the board of commissioners shall constitute municipal consent pursuant to N.J.S.A. 48:16-2.
c.
No vehicle license shall be issued hereunder except upon certification and proof that the owner of the vehicle to be licensed has at least one driver/operator licensed hereunder.
d.
No taxicab license shall be issued to any person who conducts such taxicab business at a location within the Township of Lyndhurst, except upon proof that such location is zoned to permit such business to be conducted from such location.
[Ord. #2218, § 8]
a.
Vehicle listed on the license may be substituted or replaced by other vehicles only after written authorization is granted by the township clerk or his/her designee and payment of a transfer fee of $10.
b.
No license may be sold, assigned or otherwise transferred without consent of the governing body.
[Ord. #2218, § 9]
a.
The chief of police or his designee, upon consideration of an application for an operator's license and the report made thereon, shall approve or reject the application. In the event that an application is approved, the chief of police or his designee shall advise the township clerk to issue an operator's license. In the event that an application is rejected, the chief of police or his designee shall advise the applicant. No licenses shall be issued in the case of any applicant:
1.
Whose New Jersey driver's license to operate a motor vehicle is suspended or revoked.
2.
Who has been convicted of any crime involving dishonesty or moral turpitude within three years of the date of application.
3.
Who shall have previously been convicted of driving an automobile resulting in death to any person.
4.
Who shall have been convicted of driving a motor vehicle while impaired or under the influence of intoxication, liquor or drugs within five years of the date of the application.
b.
Upon the approval of an application for an operator's license by the chief of police or his designee, the township clerk shall issue a license upon which shall appear the name, age, height, color of eyes and hair of the holder thereof, employer and a photo of the applicant.
[Ord. #2218, § 10]
a.
Each holder of a taxicab license shall post said license in a conspicuous position on the taxicab which shall be in plain view of all passengers, and a copy of said license shall be affixed on the passenger's side front windshield which is visible to all passengers.
b.
Each holder of an operator's license shall post said license in a conspicuous position in the taxicab which shall be in plain view of all passengers.
c.
In addition to the above requirements, each taxicab license under this chapter shall affix to the driver's side, lower portion rear windshield, a sticker provided by the township and containing such language as the township deems appropriate, which shall certify that such taxicab is licensed under this chapter.
d.
All such licenses and sticker are the property of the Township of Lyndhurst and shall be surrendered upon demand of the town.
e.
Any person displaying any license or sticker which the township has demanded be surrendered or returned to the township, shall be in violation of this chapter.
[Ord. #2218, § 11]
a.
The chief of police, or his designees, may from time to time conduct investigations to determine that all licenses comply with the provisions of this chapter. A taxicab license issued hereunder may be suspended or revoked by the chief of police, or his designees, if the holder has:
1.
Failed to operate the licensed vehicle for more than 10 days, unless for good cause shown.
2.
Violated any township ordinance or state or federal law, the violation of which reflects unfavorably on the fitness of the licensee to hold a taxicab license.
3.
Failed to keep in force the insurance policy and power of attorney as required by state statute.
4.
Sold, assigned or otherwise transferred the license without prior permission of the chief of police or his designee.
5.
Failed to keep a taxicab vehicle in a safe and sanitary condition.
7.
Charged in excess of the fee/rate schedule that is on file.
8.
Failed to have the licensed vehicle inspected at a "spot inspection", when requested.
9.
Operates a taxicab business from a Lyndhurst location in violation of the applicable zoning laws.
10.
Allows a person to operate a taxicab or limousine without an operator's license.
b.
Whenever the holder of more than one taxicab license shall be suspended for a violation of a section of this chapter, the chief of police or his designees shall have the right to also suspend all other licenses held by the same person.
c.
Prior to suspension or revocation, the licensee shall be given written notice of the proposed action to be taken and the reasons therefor, and he shall have an opportunity to be heard before the chief of police or his designees.
d.
Before any revocation of a license or suspension shall become effective, the holder thereof may appeal the decision to the board of commissioners within 15 days of the receipt of notice of the intended action.
e.
Any vehicle license that is suspended and/or revoked, wherein the suspension and/or revocation is based upon the condition of the taxicab which is in violation of this chapter, shall only be relicensed or reinstated upon such vehicle being reinspected and payment of the application fees, including a reinspection fee of $25 and the application fee of $35, if applicable.
f.
Any licensed vehicle which is called in for a "spot inspection" to determine compliance with this chapter shall not be subject to an inspection fee for such inspection. For the purpose of this subparagraph a "spot inspection" shall mean an inspection conducted/performed to a vehicle already licensed in order to insure that the vehicle is in conformity with this chapter.
[Ord. #2218, § 12]
a.
An operator's license issued hereunder may be suspended or revoked by the chief of police, or his designees, for failure to meet or continue to meet any of the provisions of this chapter, including being unable to presently qualify to hold such a license for any reason articulated in this chapter.
b.
Except as provided in paragraph c below, before any revocation of a license or suspension shall become effective, the holder thereof may appeal the decision to the board of commissioners within 15 days of the receipt of notice of the intended action.
c.
Whenever the chief of police or his designees, determine that the acts or condition of a taxicab operator constitute an imminent danger to or jeopardize the public safety, he may suspend immediately the license of said individual; provided, however, that a hearing shall be held if requested by the licensee before the board of commissioners on such action within five days of the suspension.
d.
The discharge of a driver by his employer shall automatically suspend the operator's license. No fee will be charged for an operator's license if the same individual is rehired by another licensed taxicab operator licensed in the Township of Lyndhurst during the same calendar year.
[Ord. #2218, § 13]
a.
No taxicab shall be issued unless the vehicles meet all the requirements and standards of the New Jersey Division of Motor Vehicles and carry a current inspection sticker issued by said division. If the New Jersey Division of Motor Vehicles or any authorized inspection agency of the state, upon inspection of any vehicle regulated by this chapter, does not "pass" inspection, such vehicles shall not be permitted to operate within the township until they have successfully passed inspection.
b.
All taxicabs shall meet the requirements set forth below and shall continue to meet the requirements set forth below for the entire licensing period.
1.
A minimum of four operable side doors, two leading into the driver's compartment and two leading into the passenger's compartment. Each door shall have an approved operable safety lock and shall be so constructed that it may be opened from the inside and outside when engaged.
2.
A passenger compartment light adequate to illuminate the interior of the passenger's compartment.
3.
Each taxicab shall bear on the outside of each rear or front door, in painted letters not less than three inches in height, in contrasting colors, the name of the owner of the taxicab, the public telephone number of the company or owner and the number of the taxicab if the company operates more than one vehicle. Each taxicab licensed under this chapter shall be uniform in color, except for two-tone vehicles or the like, and body panels shall not be mismatched.
c.
1.
The interior of each vehicle operating under this chapter shall be kept in a safe and sanitary condition, and shall be free from dents, missing parts, or other unsightly conditions.
2.
The interior and upholstery of each vehicle operating under this chapter shall be kept in a safe and sanitary condition and free from broken parts.
[Ord. #2218, § 14]
b.
No taxicab driver shall charge fees in excess of the fee/rate schedule that is on file with the chief of police, and the township clerk.
c.
All drivers shall comply with all township, state and federal laws.
d.
All drivers shall comply with all reasonable and lawful requests of passengers as to the route of the vehicle.
e.
Any motor vehicle accident involving a taxicab licensed by Lyndhurst and causing injury to a person or to property of another in excess of $100 shall be reported immediately by the driver to the chief of police or his designees regardless of where the accident occurred.
f.
The owner and operator of each taxicab shall keep a daily record recording all trips made by each taxicab showing the time and place of origin and destination of each trip and amount of fare. All such records shall be retained by the owner for one year, who shall be responsible for the maintenance of daily records of all cabs owned by him. Said daily records may be reviewed at any time by the chief of police, or his designees, the purpose of assuring that there is compliance with this chapter.
[Ord. #2218, § 15]
Any person applying for any license hereunder who shall have such application denied, or any person issued any license hereunder who shall have such license revoked or suspended, or who is any way aggrieved by any decision of the chief of police, or his respective designees, shall have the right to appeal such decision or determination to the board of commissioners of the Township of Lyndhurst within 15 days of notice of such decisions or determination. Such person shall file such appeal by giving notice thereof to the township clerk, which notice shall include a written statement setting forth the basis of such appeal. The board of commissioners shall conduct a public hearing within ten business days of such notice, and render a decision within five business days of such hearing. The board of commissioners may affirm or reverse such decision or determination or remand the matter back to the chief of police or his designee in conformity with any determination made by the board of commissioners at such hearing. Nothing herein shall affect or limit the chief of police, or his respective designees from having any violation of this chapter brought to the attention of the municipal court. The board of commissioners shall have no jurisdiction to hear any matter which was or is the subject of a matter that was heard or is pending in the Lyndhurst municipal court.
[Ord. #2218, § 16]
a.
Upon the effectiveness of this chapter, no person or taxicab company shall operate a taxicab service before such taxicab company files the fare schedule (rate schedule), which schedule shall include all costs, surcharges, etc., for taxi services, with the township clerk, the chief of police and/or his designees. The taxicab company has the option of either establishing fares based on mileage and waiting times or based on a flat fee schedule or some other equitable formula. Said rate schedule may set a maximum and minimum fare in or between zones. Whenever such person or taxicab company shall submit an amended fare schedule to the township clerk, and the chief of police, such new rates shall not be effective until approved by the board of commissioners. Notice of said new rates shall also be posted in all taxicabs 30 days prior to its effectiveness. Notwithstanding the foregoing, the chief of police or his designees, shall from time to time, require all licensees to complete rate sheets by inserting the fares to be charged between various points of passage. Such rate sheets shall be the maximum fare.
b.
Prior to the transportation for hire of any person, the customer shall be told the rate of fare for a trip or, if such trip is based upon the mileage factor, the rate of fare for each mile or fraction thereof.
c.
All taxicabs shall have posted within the taxicab, in view of the passenger, a card which shall read as follows: "Passengers shall be advised of the rate of fare prior to the commencement of the trip."
d.
All taxicabs shall have posted within the taxicab, in view of the passenger, a fare schedule of all rates imposed.
[Ord. #2218, § 17]
It shall be unlawful for any person to refuse to pay the legal fare after having hired the taxicab.
[Ord. #2218, § 18]
Any person who shall violate any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine not less than $100 and not exceeding $1,000, or by imprisonment in the county jail for period not to exceed 90 days, or shall be required to perform community service for a period not to exceed 90 days, or both.
Any person who is convicted of violating any section of this chapter within one year of the date of a previous conviction of the same section, and who was fined for the previous violation, shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this chapter, but shall be calculated separately from the fine imposed for the violation of the chapter.