[HISTORY: Adopted by the Council of the City of Perth Amboy
3-5-74 as Ord. No. 38-74. Amendments
noted where applicable.]
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.
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:
[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 ($6.00).
B. Where the destination zone is a higher numbered zone than the pickup
zone number, then the fare shall be equal to the destination zone
fare.
C. Where the destination zone is a lower numbered zone than the pickup
zone number, then the fare shall be equal to the pickup zone fare.
D. There shall be an additional charge of fifty cents ($.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, 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.
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.
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.