[HISTORY: Adopted by the Council of the City of Perth Amboy 3-1-77 as Ord. No. 137-77. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "City of Perth Amboy Auto Livery Ordinance."
Whenever used in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:
AUTO LIVERY
Includes any automobile or motorcar, commonly called coach, funeral coach or wedding coach, engaged in the business of carrying passengers for hire from private property by the hour or day or for a trip of a longer duration than one (1) hour, which does not solicit passengers for hire upon public streets of the City of Perth Amboy; or any automobile or motorcar engaged in carrying passengers for hire or under any agreement for compensation, or otherwise, on the streets or public highways of the City of Perth Amboy.
CITY
The City of Perth Amboy.
DIRECTOR OF THE DEPARTMENT OF POLICE
The Director of the Department of Police of the City of Perth Amboy.
OWNED
Owned, rented or leased.
PERSON
Any individual, sole proprietorship, firm, partnership, association, corporation or other organization and the singular or plural and masculine, feminine or neuter thereof, unless the contrary is clearly expressed.
POLICE DEPARTMENT
The Police Department of the City of Perth Amboy.
The inspection of livery autos and the examination of applicants for licenses to operate such vehicles as owners thereof and the examination of applicants as operators or drivers of auto liveries as hereinafter provided in this chapter, and the enforcing thereof, shall be under the control of the Director of the Department of Police 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 livery auto such owner intends to operate. Also, no person shall operate an auto livery upon the streets of this city, and no person who owns or controls an auto livery vehicle shall permit it to be operated upon the streets of this city, unless the driver of said auto livery vehicle shall first obtain and possess an auto livery driver's license issued by the office of the City Clerk.
All licenses issued under this chapter shall be issued to expire and shall expire on the 31st day of December next succeeding the date of issuance, unless sooner suspended or revoked by the Director of the Department of Police as hereinafter provided.
[Amended 2-26-1997 by Ord. No. 882-97; 9-28-2011 by Ord. No. 1600-2011]
The following license fees shall be payable to the Clerk of the city:
A. 
The fee for an auto livery owner's license shall be $50 per year.
B. 
The fee for an auto livery driver's license shall be $50 per year.
C. 
A background check is required of the applicant seeking a license. The applicant shall be responsible for the cost. The background check is good for three (3) years.
A. 
Applications for licenses issued hereunder shall be made upon blank forms prepared and made available by the office of the City Clerk and shall state under oath:
(1) 
The name, home address and proposed or actual business address of the applicant and whether he is owner, lessee or bailee.
(2) 
Description of automobile or motorcar for which the license is desired, including year, make, model, type, serial number of body and seating capacity.
(3) 
Such other information which the Director of the Department of Police 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.
[Added 4-1-1980 by Ord. No. 244-80]
(1) 
No person shall be permitted to own and operate a livery auto 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 obtained from the City Clerk's office upon the approval and recommendation of the Department of Police that the provisions hereof have been complied with. Each applicant for a license to own and operate a livery auto under the terms of this chapter must conform to the following conditions and regulations:
(a) 
Be of the age of eighteen (18) years or over and be a resident of the State of New Jersey and the City of Perth Amboy for one (1) year or more prior to the date of application.
(b) 
Be able to read and write the English language.
(c) 
Be a legal resident of the United States.
(d) 
Not be addicted to the use of narcotics or intoxicating liquors.
(e) 
Produce character references from two (2) citizens of the City of Perth Amboy.
(f) 
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, height, weight, color of eyes, length of time applicant has resided in the City of Perth Amboy, place of previous employment, 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 Department of Police may require. All applications herein shall be signed and sworn to by the applicant and filed with the Police Department.
(2) 
Any misrepresentation of any material fact shall be cause for the refusal or the revocation of such a license.
A. 
Within seven (7) days after receipt of an application as herein provided, the Director of the Department of Police shall cause an investigation to be made of the applicant and of his proposed business operation and shall make or have made an inspection of the automobile or motorcar to be licensed. The Director of the Department of Police may delegate the inspection of the automobile or motorcar to an independent person, who may or may not be engaged in business in the city, who shall be qualified by experience and training to make such inspection and who shall report to the Director of the Department of Police whether the automobile or motorcar is in a thoroughly safe and sanitary condition. Within fourteen (14) days after completion of the investigation and inspection, the Director of the Department of Police shall either deny or approve the application and shall inform the applicant of his decision. 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 said policies or certificates, the office of the City Clerk shall immediately forward said policies or certificates to the legal department for its approval.
B. 
After being approved for an auto livery license, the license holder shall twice per year cause each vehicle owned by the licensee to a mechanical and physical inspection by the Director of the Department of Police or an independent person delegated by the Director to conduct the test.
[Amended 9-13-2000 by Ord. No. 1049-2000]
C. 
The Director of the Department of Police is authorized and empowered to establish reasonable rules and regulations for periodic inspection of the automobiles or motorcars and their appurtenances and for the construction, physical appearance and condition of fitness for the safe and adequate transportation of passengers.
[Added 9-13-2000 by Ord. No. 1049-2000]
The Director of the Department of Police shall approve and have the authority to issue a license hereunder upon his determination that:
A. 
The public convenience and necessity will be served by the automobile or motorcar for which application has been made.
B. 
The automobile or motorcar 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.
C. 
The requirements of this chapter and all other governing laws, statutes and ordinances have been met.
D. 
The automobile or motorcar has been properly licensed and inspected by the State of New Jersey and has the necessary stickers affixed.
E. 
The insurance policies or certificates as required herein have been procured and supplied.
Upon receipt of notice by the Director of the Department of Police that an application has been approved and upon receipt of payment from the applicant of the proper license fee for each auto livery license, the Clerk of the city shall issue a license dated in accordance with the expiration date stated herein.
[Amended 12-17-1991 by Ord. No. 588-91; 2-26-1997 by Ord. No. 882-97; 8-8-2001 by Ord. No. 1114-2001]
Such applicant for an auto livery license, prior to receiving such license, must file with the City Clerk of the City of Perth Amboy, who will then notify the Director of the Department of Police of such filing, an insurance policy of a company duly licensed to transact business under the insurance laws of this state, in the sum of $1,500,000.00 against loss by reason of the liability imposed by law upon every limousine owner for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the limousine upon any public street. The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such limousine or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid. The auto livery license, if issued pursuant to the provisions herein, shall become effective and operation thereunder shall be lawful only as long as the insurance policy shall remain in force to the full and collectible amounts as aforesaid.
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 as pursuant to the provisions of this chapter. Such records shall contain all information relating to ownership and operation of such licensees and vehicles and shall be open to inspection by the public for good cause at reasonable times and shall constitute public records, extracts of which may be certified by the Director of the Department of Police for use as legal evidence.
No livery auto 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 Department of Police.
B. 
No auto livery license shall be sold, assigned or otherwise transferred without the consent of the Director of the Department of Police 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.
C. 
The fee for the transfer of an auto livery license shall be $100.
[Added 2-26-1997 by Ord. No. 882-97]
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 Department of Police that the provisions hereof have been complied with.
B. 
Each applicant for a driver's license to operate a livery auto under the terms of this chapter must conform to the following conditions and regulations:
(1) 
Be of the age of 18 years or over and be a resident of the State of New Jersey for one year or more.
(2) 
Be a licensed automobile driver of the State of New Jersey in accordance with the motor vehicle laws.
(3) 
Be able to read and write the English language.
(4) 
Be a citizen of the United States.
(5) 
Not be addicted to the use of narcotics or intoxicating liquors.
(6) 
Produce two certificates of good character from two reputable citizens of the City of Perth Amboy.
(7) 
Present the certificate of a reputable physician showing that he has been examined within 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 auto.
(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 Perth Amboy, 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 Department of Police may require. All applications herein shall be signed and sworn to by the applicant and filed with the Police Department.
(9) 
Submit himself to be photographed and fingerprinted by the Police Department. The photograph 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 Department of Police shall investigate the driving record and moral character of each applicant for the auto livery driver's license and shall determine whether said applicant has a sufficiently good driving record and good moral character to be issued an auto 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 hereinabove set forth, an auto livery driver's license. Such license shall be effective for the remainder of the same calendar year, expiring on December 31 thereof, regardless of the date of issuance, unless suspended or revoked sooner by the Director of the Department of Police as pursuant to Section 150-21.
C. 
When duly issued, the auto livery driver's license shall contain the name, photograph and signature of said licensee and such other information as the Director of the Department of Police may reasonably require. Such license shall be signed by the Director of the Department of Police and by the Municipal Clerk and shall be in the possession of the driver of the vehicle.
A 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 vehicles to be driven by such drivers.
A. 
All drivers shall wear a clean collared shirt and be clean and neat in appearance at all times when operating livery autos.
[Amended 9-13-2000 by Ord. No. 1049-2000]
B. 
Every auto livery driver shall, upon the completion of each and every trip, make a search of said livery auto for any property lost or inadvertently left therein, and any such property, unless sooner claimed or delivered to the rightful owner, shall be taken to the Police Department within six (6) hours of the finding thereof.
C. 
All auto livery 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.
D. 
Any motor vehicle accident involving an auto livery must be reported immediately to the Police Department and the vehicle shall not be moved until released by the police.
E. 
Holders of licenses shall maintain a central place of business.
F. 
No driver shall permit more than a maximum of four (4) adults or five (5) children or any combination of five (5) adults and children to be carried in an auto livery, unless said vehicle is equipped with jump seats where, in such case, one (1) additional passenger may be carried for each jump seat. However, under no circumstances shall more than one (1) person or one (1) child, in addition to the driver, ride in the front seat of any vehicle.
G. 
No driver shall transport a child under the age of eighteen (18) months on the roadways, streets, highways of the City of Perth Amboy unless the child is secured in a child passenger restraint system that complies with the federal motor vehicle safety standard applicable when it was manufactured nor shall any child between the ages of eighteen (18) months and five (5) years of age be transported without being secured with a safety belt in the vehicle's rear seat.
[Added 9-13-2000 by Ord. No. 1049-2000]
H. 
No driver shall use the vehicle horn when arriving at a requested destination to alert the person or persons who requested the auto livery that the livery is waiting.
[Added 9-13-2000 by Ord. No. 1049-2000]
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 vehicle licensed under this chapter, giving the name and address of the driver thereof, his license number and the license number of the vehicle and the time of the return to the garage of each such vehicle, 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 livery auto shall keep a daily record upon which all trips are recorded, showing 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 vehicles owned by him. The forms for such record shall be of a character approved by the Director of the Department of Police.
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 Department of Police if such licensee does not fully comply with all the requirements, conditions and other provisions of this chapter or if such licensee has violated any ordinance of the City of Perth Amboy or the laws of the United States or of the State of New Jersey, violations of 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-day period of suspension, a hearing before the Director of the Department of Police upon at least five (5) days' notice in writing. After such hearing, the Director of the Department of Police 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 Department of Police 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 150-24 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 Department of Police 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 said Director to permit the continued use of said license.
This chapter shall not apply to any omnibus license or license regulated by any other ordinance of the City of Perth Amboy or by any state or federal statute, rule or regulation.
[Amended 2-3-87 by Ord. No. 425-87]
Any taxicab licensee whose license has been issued by the City of Perth Amboy 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.
Livery vehicles and their operators used exclusively for funerals and weddings are exempt from the terms and conditions contained in this chapter.