[HISTORY: Adopted by the Council of the City of Perth Amboy 3-5-74 as Ord. No. 38-74. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1: Taxi Zone Map
As used in this chapter, the following terms shall have the meanings indicated:
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, or the Chief of Police if there is no director.
[Amended 1-27-2010 by Ord. No. 1495-2010]
OWNED
Owned, rented or leased.
PERSON
Any individual, sole proprietorship, firm, partnership, association, corporation or other organization, and the singular or plural, masculine, feminine or neuter thereof, unless the contrary is clearly expressed.
POLICE DEPARTMENT
The Police Department of the City of Perth Amboy.
TAXICAB
Any automobile motorcar, commonly called a "public hack," engaged in the business of carrying passengers for hire, which is held out, announced or advertised to operate or run as taxicab or which is operated or run over any of the streets or public highways of the City of Perth Amboy, and particularly solicits and/or accepts or discharges such persons as may offer themselves for transportation from points or places within or without the City of Perth Amboy.
The inspection of taxicabs and the examination of applicants for licenses to operate such taxicabs as owners thereof, and the examination of applicants as operators or drivers of taxicabs, as hereinafter provided in this chapter, and the enforcing thereof shall be under the control of the Director of the Department of Police, who is hereby authorized and empowered to delegate duties and functions to the consumer affairs agent (Local Assistance Officer).
No taxicab may be operated upon the streets of this city unless the owner thereof shall first obtain and possess a taxicab license issued by the office of the City Clerk for each and every taxicab such owner intends to operate in the city. Also, no person shall operate a taxicab upon the streets of this city and no person who owns or controls a taxicab shall permit it to be operated upon the streets of this city unless the driver of said taxicab shall first obtain and possess a taxicab driver's license issued by the office of the City Clerk.
[Amended 1-27-2010 by Ord. No. 1495-2010]
The maximum term of a license shall be two (2) calendar years. All licenses issued under this chapter shall be issued to expire and shall expire on the 31st day of December of the calendar year following the year of issuance, unless sooner suspended or revoked by the Director of the Department of Police as hereinafter provided.
[Amended 1-27-2010 by Ord. No. 1495-2010; 9-28-2010 by Ord. No. 1602-2011]
The following nonrefundable license fees shall be payable to the Clerk of the City:
A. 
The fee for a taxicab owner's license shall be four hundred dollars ($400) for each two-calendar-year license term and the fee for any such license issued on or after August 1 of any year shall be three hundred dollars ($300), or such current fee as may be reflected in Chapter 275 of the City Code establishing licensing fees.
B. 
The fee for a taxicab driver's license shall be one hundred dollars ($100) for each two-calendar-year license term and the fee for any such license issued on or after August 1 of any year shall be seventy-five dollars ($75), or such current fee as may be reflected in Chapter 275 of the City Code establishing licensing fees.
C. 
A background check is required for the taxicab owners and taxicab drivers. The owners and drivers shall be responsible for the cost. Upon renewal of the owner's and/or driver's license, a new background check shall be required.
Application for a taxicab owner's license issued hereunder shall be made upon blank forms prepared and made available by the office of the City Clerk and shall state under oath:
A. 
The name, home address and proposed or actual business address of the applicant, and whether he is owner, lessee or bailee.
B. 
Description of automobile or motorcar for which the license is desired, including year, make, model, type, serial number of body and seating capacity.
C. 
Copy of the scheduled hours and days of operation of the automobile or motorcar.
D. 
Such other information as 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.
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 who 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 Department of Law for its approval.
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 thereof for the safe and adequate transportation of passengers.
The Director of the Department of Police shall approve and have the authority to issue a license hereunder upon his determination:
A. 
That the public convenience and necessity will be served by the automobile or motorcar for which application has been made.
B. 
That the automobile or motorcar to be licensed is in a thoroughly safe condition for the adequate transportation of passengers and is in a sanitary condition and is reasonably free from body damage so as to provide the public with a neat appearance.
C. 
That the requirements of this chapter and all other governing laws, statutes and ordinances have been met.
D. 
That the automobile or motorcar has been properly licensed and inspected by the State of New Jersey and has the necessary stickers affixed.
E. 
That 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 taxicab 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. 587-91; 7-13-2005 by Ord. No. 1298-2005; 9-9-2013 by Ord. No. 1696-2013]
Such applicant for a taxicab 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, conditioned for the payment of a combined single limit of a sum not less than one hundred thousand dollars ($100,000) to satisfy all claims for damages by reason of bodily injuries to or the death of persons or for damages to property of all persons on account of any accident by reason of the ownership, operation, maintenance or use of such taxicab upon any public street. The taxicab license, if issued pursuant to the provisions herein, shall become effective and operation thereunder shall be lawful only so long as the insurance policy shall remain in force to the full and collectible amounts as aforesaid.
A. 
[Added 4-28-2004 by Ord. No. 1242-2004; amended 7-13-2005 by Ord. No. 1298-2005; repealed 1-27-2010 by Ord. No. 1495-2010]
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 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 taxicab shall be licensed or be allowed to continue in use if its color scheme, identifying design, monogram or insignia shall imitate or appear to imitate the color scheme, identifying design, monogram or insignia of any other taxicab licensed and operating under this chapter in such manner as to be misleading or tend to deceive or defraud the public.
If more than one (1) automobile or motorcar shall be licensed under the same owner, the same color scheme shall be used on each automobile or motor vehicle and, in addition, each automobile or motorcar shall be numbered.
The vehicle described on the taxicab license may be lawfully substituted or replaced by another vehicle only after written permission therefor is received from the Director of the Department of Police.
[Amended 9-15-2002 by Ord. No. 1169-2002]
A taxicab license shall only be sold, assigned or otherwise transferred with 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 a bona fide operation of a taxicab business.
[Amended 1-27-2010 by Ord. No. 1495-2010]
A. 
No person shall be permitted to drive a taxicab until he shall have made application for a taxicab driver's license upon such form as provided by the City Clerk's office 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 driver's license to operate a taxicab 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.
(3) 
Be able to communicate in the English language; demonstrate familiarity with the street locations and directions in the City of Perth Amboy and its immediate surroundings; transact business in U.S. currency; demonstrate knowledge of taxi zones and fare rates and the appropriate methods for contacting emergency personnel.
(4) 
Be a citizen of the United States or a resident alien eligible to work in the United States.
(5) 
Not be addicted to the use of narcotics or intoxicating liquors.
(6) 
Produce two (2) certificates of good character from two (2) reputable citizens of the City of Perth Amboy.
(7) 
Present the certificate of a physician duly licensed by the New Jersey State Board of Medical Examiners 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 eyesight, 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 taxicab.
(8) 
Fill out, upon a form therefor 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 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.
(9) 
Submit himself to be photographed and fingerprinted by the Police Department. The photograph shall be attached to the license.
B. 
All applications herein shall be signed and sworn to by the applicant and filed with the Police Department. Any misrepresentation of any material fact shall be cause for the refusal or the revocation of such license.
A. 
The Director of the Department of Police shall investigate the driving record and moral character of each applicant for the taxicab driver's license and shall determine whether said applicant has a sufficiently good driving record and good moral character to be issued a taxicab 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, a taxicab driver's license. Such license shall be effective for the remainder of the same calendar year and the next 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 pursuant to § 404-27.
[Amended 1-27-2010 by Ord. No. 1495-2010]
C. 
The taxicab driver's license when duly issued 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 then be placed next to the taxicab license in a conspicuous part of the interior of such licensed taxicab which such licensee is authorized to drive whenever said licensee is operating same.
A driver, in applying for renewal of his license, shall make application therefor upon a form to be furnished by the office of the City Clerk.
[Amended 9-15-2002 by Ord. No. 169-2002]
A. 
The prices or fares that may be charged by the owner or driver of any taxicab for any trip origination within the City of Perth Amboy shall be in accordance with the zone rate map attached hereto and made a part hereof and the following schedule of rates:[1]
[Amended 9-4-1979 by Ord. No. 219-79; 11-7-1984 by Ord. No. 362-84; 12-18-1990 by Ord. No. 524-90; 9-20-2021 by Ord. No. 1994-2021]
(1) 
Zone 1. For not more than two (2) passengers and within limits of Zone 1: four dollars and fifty cents ($4.50).
(2) 
Zone 2. For not more than two (2) passengers and within limits of Zone 2: five dollars ($5.00).
(3) 
Zone 3. For not more than two (2) passengers and within limits of Zone 3: five dollars and fifty cents ($5.50).
(4) 
Zone 4. For not more than two (2) passengers and within limits of Zone 4: six dollars ($6.00).
[1]
Editor's Note: The map referred to herein is included as an attachment to this chapter.
B. 
Where the destination zone is a higher numbered zone than the pickup zone number, then the fare shall be equal to the destination zone fare.
C. 
Where the destination zone is a lower numbered zone than the pickup zone number, then the fare shall be equal to the pickup zone fare.
D. 
There shall be an additional charge of fifty cents ($.50) per passenger for each additional adult passenger over two (2). Where the additional passenger is a child, the additional charge shall be twenty-five cents ($.25) per passenger.
E. 
For waiting time per hour (but not less than twenty-five cents ($.25) per stop), the charge shall be eight dollars ($8.00).
F. 
The maximum hourly rate for any taxicab engaged by the hour shall be eight dollars ($8).
G. 
Out-of-town rates shall be by agreement between passenger and driver.
H. 
The minimum charge on packages and luggage per load shall be fifty cents ($.50).
I. 
The rate schedule shall be reviewed every three (3) years, from the effective date of this ordinance,[2] by the City Council so that the taxi industry can demonstrate cost of living and fuel increases provided a taxicab license owner or his designated representative submits data and supporting documentation that reflects a significant increase in yearly fuel, insurance, and maintenance costs to the City of Perth Amboy.
[2]
Editor's Note: Ordinance No. 1169-2002, contained herein, was adopted September 15, 2002.
J. 
Senior citizen discount established. Any person of sixty (60) years of age or older shall be entitled to a twenty-five percent (25%) reduction of their total fare upon proof that said person is of the aforementioned age. All taxicabs within the City of Perth Amboy must display in Spanish and English a placard in a conspicuous part of the interior of the taxicab in full view of all passengers indicating that a twenty-five percent (25%) discount is available to all senior citizens of sixty (60) years of age or older.
[Added 2-25-2004 by Ord. No. 1234-2004]
As prescribed hereinabove in various sections, there shall at all times be on display horizontally adjacent to each other in a conspicuous part of the interior of each licensed taxicab, in full view of all passengers, all of the following:
A. 
Taxicab license of that specific taxicab.
B. 
Taxicab driver's license of that specific driver.
A zone map and schedule of rates are to be carried at all times by the taxicab driver and available at the request of a passenger.
All requirements herein pertaining to taxicab drivers shall also apply to the owners of such taxis 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 times when operating taxicabs.
[Amended 9-13-2000 by Ord. No. 1048-2000]
B. 
Every taxicab driver shall, upon the completion of each and every trip, make a search of said taxicab 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 taxicab 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 such passenger's destination.
D. 
Any motor vehicle accident involving a taxicab must be reported immediately to the Police Department and the taxicab shall not be moved until released by the police.
E. 
No driver of any taxicab shall induce any person or persons to hire and engage the taxicab by misinforming or misleading any such person as to the time or place of the arrival or departure of any train, the location of any building or place or as to the distance between any two (2) points or places.
F. 
Any persons licensed by authority of this chapter who shall knowingly transport or cause to be transported or aid or assist in obtaining transportation, by means of conveyance through or in and about the City of Perth Amboy, of any woman or girl for the purpose of prostitution or with the intent and purpose to induce, entice or compel such woman or girl to become a prostitute, or shall knowingly transport any person or persons to any place for the purpose of committing any immoral or illegal act, shall have his said license revoked and also be punished in accordance with Section 404-27.
G. 
All persons engaged in the taxicab business in the City of Perth Amboy, operating under the provisions of this chapter, shall render an overall service to the public desiring to use taxicabs. Holders of licenses shall maintain a central place of business and keep the same open for at least the minimum hours stipulated on the license for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services inside the City of Perth Amboy as soon as they can do so, and if said services cannot be rendered within a reasonable time, they shall then notify the prospective passenger as to how long it will be before the said call may be answered and give the reason therefor. Any holder who shall refuse to accept a call anywhere within the city limits of the City of Perth Amboy at any time when such holder has cabs available or who shall fail or refuse to give overall service shall be deemed to have violated this chapter.
H. 
No driver shall permit any other person to occupy or ride any said taxicab unless the person or persons first employing the taxicab shall consent to the acceptance of additional passenger or passengers, and a notice to that effect shall be conspicuously displayed in the interior of each licensed taxicab.
I. 
The number of passengers allowed in each taxicab shall not exceed the manufacturer's specified seating capabilities. 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 taxicab.
[Amended 9-15-2002 by Ord. No. 1169-2002]
J. 
The driver of any taxicab shall, upon the request of the passenger, render to such passenger a receipt for the amount charged, on which shall be the name of the owner, license number, amount of fare, points of origin and destination and the date and time of transaction.
K. 
It shall be unlawful to advertise a vehicle using the word "taxi" or "cab" or "taxicab" or to hold out a vehicle as being a cab, taxi or taxicab if such vehicle has not been licensed as such under this chapter.
L. 
No drivers shall transport a child under the age of eighteen (18) months on the roadways, streets or highways of the City of Perth Amboy unless that 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. 1048-2000]
M. 
No driver shall use the vehicle horn when arriving at a fare destination to alert any person or persons that the taxicab is waiting.
[Added 9-13-2000 by Ord. No. 1048-2000]
A. 
Each and every licensed owner of a taxicab 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 taxicab shall keep a daily record upon which all trips are recorded, showing time and place of origin and destination of each trip and the amount of fare, and all such records shall be retained by the owner for two (2) years, who shall be responsible for the maintenance of daily records of all taxicabs owned by him. The forms for such record shall be of a character approved by the Director of the Department of Police.
The Director of the Department of Police is hereby authorized and empowered to locate and designate as public taxicab stands such places in and about the City of Perth Amboy as he deems necessary and proper, and he may revoke same as he deems necessary and proper. The Director of the Department of Police may also further designate the number of taxicabs at such stands.
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 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 § 404-32 of any person who is also adjudged guilty of violating any of the provisions of this chapter.
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.
It shall be unlawful for any person to refuse or fail to pay the legal fare after having hired the taxicab, and it shall be unlawful for any person to hire any vehicle with intent to defraud the person from whom it is hired of the value of such service.
This chapter shall not apply to any omnibus license or any license regulated by any other ordinance of the City of Perth Amboy or by any state or federal statute, rule or regulation.
[Amended 9-5-1995 by Ord. No. 791-95; 9-15-2002 by Ord. No. 1169-2002]
It is hereby determined under the lawful exercise of the police power of the city that public convenience and necessity requires that the number of taxicabs to be licensed within the city shall be limited to a total of forty-five (45) taxicab owner licenses, thirty (30) of which are considered regular taxicab owner licenses, three (3) of which were created by consent order, and twelve (12) new licenses, all of which that shall not be increased for twenty-five (25) years from the effective date of this ordinance.[1]
[1]
Editor's Note: Ordinance No. 1169-2002, contained herein as adopted September 15, 2002.
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 of not to exceed five hundred dollars ($500) or by imprisonment in the county jail for a period of 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.
[Added 9-15-2002 by Ord. No. 1169-2002]
A. 
Any person, individual firm or corporation shall have the right to appeal an owner's license suspension or revocation within ten (10) days from the date of said suspension or revocation to an appeals board to be known as the Taxicab License Board of Appeals, which is herewith created. This Board shall consist of five (5) members who shall be appointed by the Mayor with the approval the City Council and whose terms of office shall be for three (3) years, and they shall serve, without compensation.
B. 
The appeal shall be in writing and made to the Director of the Department of Police and shall set forth the ground for the appeal, which shall be heard by the Taxicab License Board of Appeals, within ten (10) days of the filing of the appeal, and the recommendation shall be submitted within ten (10) days of the hearing to the Director of the Department of Police for his review and final determination.
C. 
Any person, individual, firm or corporation aggrieved by any order of the Taxicab License Board of Appeals may appeal to a court of competent jurisdiction within the time prescribed by law.
[Added 9-15-2002 by Ord. No. 1169-2002]
The Taxicab License Board of Appeals shall have jurisdiction to hear appeals only from the suspension or revocation of owner's and driver's taxicab licenses as required by the provisions of this chapter.