[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.
[Ord. #2218, § 2]
As used in this chapter, the following terms shall have the
meanings indicated:
OPERATOR'S LICENSE
Shall mean a license issued by the township clerk, or her
designee, to a person to drive a taxicab within the Township of Lyndhurst.
PERSON
Shall mean any individual, corporation, partnership, unincorporated
association or other legal entity.
TAXICAB LICENSE
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.
TAXICAB/AUTOCAB
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]
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.
c.
(1) No fees shall be imposed for any application that is denied;
(2) The inspection fee which shall be required to be paid prior to a
vehicle inspection; any reinspection shall require a $25 inspection
fee, per vehicle, to be paid prior to such reinspection.
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.
7. Whether any of the stockholders or officers of the corporation or business listed in Section
15-5a2 have been convicted of any crime of the first, second, third or fourth degree.
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]
a. The chief of police or his designee, shall cause to be made an investigation
of each applicant for a taxicab license or an operator's license
upon the filing of an application.
b. Applicants shall contact the Lyndhurst Police Department Record Bureau
for information regarding fingerprinting.
[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, § 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.