[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 7-26-77; amended in its entirety 11-23-82 by Ord. No. 82-35.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Ordinance No. 82-35 also provided that
it shall take effect on 1-1-83.
The purpose of this chapter is to provide for the licensing
and regulation of taxicabs and taxicab drivers in the Town of Secaucus
to preserve and protect the public safety and welfare.
[Amended 8-14-84 by Ord. No. 84-35]
As used in this chapter, the following terms shall have the
meaning indicated:
A license issued by the Town Clerk, or her designee, to a
person to drive a taxicab within the Town of Secaucus.
[Amended 5-12-15 by Ord. No. 2015-21]
Any individual, corporation, partnership, unincorporated
association or other legal entity.
[Amended 5-12-15 by Ord. No. 2015-21]
A motor vehicle regularly engaged in the business of carrying
passengers for hire, having a seating capacity of four persons and
not operated on a fixed route.
[Amended 8-28-01 by Ord. No. 2001-20; 5-14-02 by Ord. No. 2002-14; 4-13-04 by Ord. No. 2004-8; 5-12-15
by Ord. No. 2015-21]
Any automobile or motor car used in the business of carrying
passengers for hire to provide prearranged passenger transportation
at a premium fare on a dedicated, nonscheduled, charter basis that
is not conducted on a regular route and with a seating capacity in
no event of more than 14 passengers, not including the driver, provided,
that such a vehicle shall not have a seating capacity in excess of
four passengers, not including the driver, beyond the maximum passenger
seating capacity of the vehicle, not including the driver, at the
time of manufacture. Nothing in this chapter contained shall be construed
to include taxicabs, hotel buses or buses employed solely in transporting
school children or teachers or autobuses which are subject to the
jurisdiction of the Department of Transportation, or interstate autobuses
required by federal or state law or regulations of the Department
of Transportation to carry insurance against loss from liability imposed
by law on account of bodily injury or death.
[Amended 8-28-01 by Ord. No. 2001-20; 5-14-02 by Ord. No. 2002-14; 4-13-04 by Ord. No. 2004-8]
A pickup booked and scheduled at least three hours in advance.
[Added 3-10-09 by Ord. No. 2009-2]
[Added 4-13-04 by Ord. No. 2004-8; repealed 11-9-04 by Ord. No. 2004-30]
[Added 4-13-04 by Ord. No. 2004-8; repealed 11-9-04 by Ord. No. 2004-30]
[Amended 8-14-84 by Ord. No. 84-35; 8-28-01 by Ord. No. 2001-20; 5-14-02 by Ord. No. 2002-14;
3-10-09 by Ord. No. 2009-2]
A.
The number of licenses to operate taxis or limousines in the Town
of Secaucus shall be limited to eight licenses for entities maintaining
their principal place of business in Secaucus and six licenses for
entities maintaining their principal place of business outside of
the Town of Secaucus. In order to foster better service, no licenses
shall be held in common control (i.e. 1/3 or more beneficial interest
in a license held by the same person).
[Amended 11-13-12 by Ord. No. 2012-38]
B.
Each licensee shall be limited to 25 taxicabs licensed (operator
and taxicab) to pick up passengers in Secaucus.
[Amended 8-14-84 by Ord. No. 84-35; 9-24-91 by Ord. No. 91-32]
A.
Vehicle License:
(1)
Taxicabs.
No person shall pick up or hire any person in the Town of Secaucus
unless the taxicab (and the driver thereof) are licensed pursuant
to the terms of this chapter.
(2)
Limousines.
No person shall conduct a limousine business in the Town of Secaucus
unless such limousine (and operator) is licensed pursuant to the terms
and conditions of this chapter.
[Amended 7-22-97 by Ord. No. 97-17]
(3)
No
taxicab or limousine licenses may be transferred or assigned to another
vehicle unless there is consent given by the Mayor and Council upon
recommendation of the Chief of Police, the Director of the Secaucus
Department of Consumer Affairs, or their designees.
B.
Operator's License: No person who owns a taxicab or limousine
required to be licensed under this chapter shall allow a person to
operate such taxicab or limousine 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 or limousine 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 or
limousine if the operator is not licensed properly.
[Amended 8-14-84 by Ord. No. 84-35; 10-24-89 by Ord. No. 89-46]
A.
Each taxicab or limousine registered in the Town of Secaucus shall
pay a franchise fee ("White Card") of $10 per year.
The annual taxicab/limousine license fee shall be $75 per year
per vehicle and shall be effective from May 1 to April 30 of each
year or part thereof, and shall be apportioned as follows:
Application/Licensing Fee: $50 per vehicle.
Inspection Fee: $25 per vehicle (non-refundable).
At the time of submitting an application, the proposed licensee
shall pay said $25 nonrefundable inspection fee, whereupon if the
vehicle passes inspection, the $50 application/licensing 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
town 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.
[Amended 7-22-97 by Ord. No. 97-17; 3-23-99 by Ord. No. 99-6; 3-10-09 by Ord. No. 2009-2; 3-9-10
by Ord. No. 2010-9]
B.
The annual operator's license fee shall be $25 plus payment
for fingerprint searches and shall be effective on May 1 to April
30 of each year or part thereof.
[Amended 3-23-99 by Ord. No. 99-6; 4-13-04 by Ord. No. 2004-8; 11-9-04 by Ord. No. 2004-30;
5-12-15 by Ord. No. 2015-21]
D.
Such inspection shall be made within 20 days of the date of application
properly filed with the Office of the Town Clerk. In the event that
a vehicle is not inspected within said 20 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.
[Amended 3-12-91 by Ord. No. 91-9]
E.
Taxicab/limousine and operator's licenses are renewable upon
payment of the annual fee and the filing of an annual renewal application
by April 15 of the preceding year, subject to compliance with all
other provisions of this chapter.
[Amended 7-22-97 by Ord. No. 97-17; 3-23-99 by Ord. No. 99-6]
F.
Any licensed taxicab/limousine must be relicensed by May 10 of the
following year. Applications for renewal for the following year may
be submitted after April 1. It is expressly noted that no vehicle,
regardless of whether it has been in service before, may be operated
in the Town of Secaucus without a new license after said May 10.
[Amended 7-22-97 by Ord. No. 97-17; 3-23-99 by Ord. No. 99-6]
G.
The Town Clerk or her designee shall make such rules and regulations
to effectuate the licensing procedure and the scheduling of inspections
or reinspections.
[Amended 8-14-84 by Ord. No. 84-35; 11-26-85 by Ord. No. 85-39; 9-23-86 by Ord. No. 86-26; 7-22-97
by Ord. No. 97-17]
Every applicant for a taxicab/limousine license or operator's
license shall make application therefor on forms furnished by the
Secaucus Town Clerk, and the same shall be completed and verified
under oath and filed with said Secaucus Town Clerk.
A.
Applicants for a taxicab/limousine license shall furnish the following
information and any such information that from time to time is deemed
necessary on forms supplied by the Secaucus Town Clerk.
[Amended 7-22-97 by Ord. No. 97-17]
(1)
The corporate or trade name of the applicant and the address of the
applicant from which the taxicab/limousine business shall be conducted.
[Amended 7-22-97 by Ord. No. 97-17]
(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)
Taxicabs shall provide evidence of an insurance policy naming the
Town as an insured in the minimum amount of $50,000. The applicant
shall submit the actual certificate of insurance from the insurance
company naming the town as the certificate holder.
[Amended 7-22-97 by Ord. No. 97-17; 8-28-01 by Ord. No. 2001-20; 5-14-02 by Ord. No. 2002-14;
4-13-04 by Ord. No. 2004-8; 11-9-04
by Ord. No. 2004-30]
(5)
The number of persons the vehicle is designed to carry.
(6)
The location from which the vehicle will operate.
(7)
The minimum intended hours per day of operation of the vehicle.
(8)
Whether any of the stockholders or officers of the corporation or business listed in § 124-6A(2) have been convicted of any misdemeanor or felony.
(9)
The applicant shall provide a power of attorney to the town in the
form provided by the town which states that the Chief Financial Officer
of the town shall be appointed to accept and acknowledge service of
process arising out of any complaint against the insured issued through
a court of competent jurisdiction by virtue of the indemnity granted
under the insurance policy filed.
[Added 7-22-97 by Ord. No. 97-17]
B.
Applications for an operator's license shall furnish the following
information on forms provided by the Secaucus Police Department:
(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 driver's license.
[Amended 7-22-97 by Ord. No. 97-17]
(4)
Whether the applicant has ever been convicted of any misdemeanor
or felony.
(5)
A passport-type photograph (front view) taken within 30 days of the
application, which may be taken at Secaucus Police Headquarters.
(6)
Fingerprints. A fee for such fingerprinting shall be paid as provided for by § 124-7.
[Amended 5-12-15 by Ord. No. 2015-21]
(7)
Temporary operator's license.
[Added 8-22-00 by Ord. No. 2000-20]
(a)
Any applicant who currently holds a valid taxicab/limousine
operator's license from any New Jersey municipality may be issued
a temporary operator's license after application. This license
will be valid for a period not to exceed 90 days and can be renewed
for a period not to exceed 30 days.
(b)
All other requirements must be met before the issuance of a
temporary operator's license with the exception of the results
of the mandated fingerprint check.
(c)
The temporary operator's license can be rescinded for cause
at any time.
[Added 4-9-13 by Ord. No. 2013-5]
A.
Whenever Secaucus determines to authorize the issuance of one or
more new or additional taxi licenses, it shall publish a notice, in
a newspaper circulating generally within the town, stating the number
of new or additional licenses to be authorized and the application
period for the new or additional licenses. The notice shall specify
a time and day after which no further applications will be accepted.
The notice shall be published at least twice and at least one week
apart, with the second notice published at least 30 days prior to
the time and date specified in the notice as the time and date after
which no further applications will be accepted.
B.
In any case in which a license or licenses have not been issued within
six months after the closing time and date for acceptance of such
applications specified in a notice, no such license or licenses shall
be issued without again complying with the provisions of this section,
including the notice requirements.
C.
The governing body of the Town of Secaucus authorizes that such license
or licenses shall be issued to the highest qualified bidder therefor
at a sale by public auction for that purpose conducted or supervised
by the Municipal Clerk and a minimum bid for such license or licenses
shall be $1,000. The town reserves the right to reject all bids where
the highest bid is not accepted.
D.
Upon qualification, the successful bidder shall pay a one-time retention
fee of $1,500 to the town as a condition of receiving the license.
[Added 4-9-13 by Ord. No. 2013-05]
Every applicant for a taxicab/limousine license or operator's
license shall make application therefor on forms furnished by the
Secaucus Town Clerk, and the same shall be completed and verified
under oath and filed with said Secaucus Town Clerk.
A.
Applicants for a taxicab/limousine license shall furnish the following
information and any such information that from time to time is deemed
necessary on forms supplied by the Secaucus Town Clerk.
(1)
The corporate or trade name of the applicant and the address
of the applicant from which the taxicab/limousine 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)
Taxicabs shall provide evidence of an insurance policy naming
the Town as an insured in the minimum amount of $50,000. The applicant
shall submit the actual certificate of insurance from the insurance
company naming the town as the certificate holder.
(5)
The number of persons the vehicle is designated to carry.
(6)
The location from which the vehicle will operate.
(7)
The minimum intended hours per day of operation of the vehicle.
(8)
Whether any of the stockholders or officers of the corporation or business listed in § 124-6.2A(2) have been convicted of any misdemeanor felony.
(9)
The applicant shall provide a power of attorney to the town
in the form provided by the town which states that the Chief Financial
Officer of the town shall be appointed to accept and acknowledge service
of process arising out of any complaint against the insured issued
through a court of competent jurisdiction by virtue of the indemnity
granted under the insurance policy filed.
[Amended 8-14-84 by Ord. No. 84-35; 11-26-85 by Ord. No. 86-39; 12-8-09 by Ord. No. 2009-20;
4-9-13 by Ord. No. 2013-5]
A.
The Chief of Police or his designee, shall cause to be made an investigation
of each applicant for a taxicab/limousine license or an operator's
license upon the filing of an application.
[Amended 9-23-86 by Ord. No. 86-26; 7-22-97 by Ord. No. 97-17]
B.
All applicants shall be fingerprinted by a company recommended and
approved by the Secaucus Police Department, upon renewal.
[Amended 7-12-88 by Ord. No. 88-19; 7-22-97 by Ord. No. 97-17; 5-12-15 by Ord. No. 2015-21]
C.
Every operator or driver of any autocab shall submit to the performance
of a criminal history record background check and the cost for that
background check, including all costs of administering and processing
the check, shall be borne by the operator or driver of the autocab.
[Amended 8-14-84 by Ord. No. 84-35; 10-24-89 by Ord. No. 89-46; 2-13-91 by Ord. No. 91-4; 7-22-97
by Ord. No. 97-17; 4-9-13 by Ord. No. 2013-5]
A.
The Mayor and Council hereby designate the Town Clerk or such designee
as she chooses, to review taxicab/limousine licenses. Such taxicab/limousine
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 vehicles.
B.
(Reserved)
C.
The approval of an application shall constitute municipal consent
pursuant to N.J.S.A. 48:16-2 and N.J.S.A. 48:16-17.
D.
No such consent shall become effective until the provisions of subsections
a and b of N.J.S.A. 48:16-3 have been satisfied. Those subsections
are:
[Amended 5-12-15 by Ord. No. 2015-21]
(1)
The owner of the autocab shall have filed with the clerk of the municipality
in which such operation is permitted, an insurance policy which shall
be issued by an admitted insurance company duly licensed to transact
business under the insurance laws of the this State or a company registered
to do business in the State and which company is a member of the New
Jersey Property-Liability Insurance Guaranty Association conditioned
for the payment of a sum of not less than $10,000, the policy providing
for not less than $50,000 of motor vehicle liability insurance coverage
or the amount of motor vehicle liability insurance coverage required
pursuant to section 1 of P.L. 1972, c. 197 (C. 39:6B01), which is
greater to satisfy all claims for damages, by reason of bodily injury
to, or the death of, any one person or persons resulting from or on
account of an accident, and the sum of not less than $20,000 to satisfy
all claims for damages, by reason of the bodily injuries to, or the
death of, all persons, on account of any such accident, by reason
of the ownership, operation, maintenance, or use of such autocab upon
any public street, and conditioned for the payment of a sum not less
than $5,000 to satisfy any claim for damages to property of any one
person or persons, resulting from or on account of an accident, and
a sum not less than $5,000 to satisfy all claims for damages to property
of all persons, on account of any such accident, by reason of the
ownership, operation, maintenance or use of such autocab upon any
public street.
Nothing contained in this subsection shall prohibit the owner
of an autocab from obtaining any additional amount of motor vehicle
liability insurance coverage from a company licensed outside the State
of New Jersey.
The consent shall become effective and operation thereunder
shall be permitted only as long as the insurance policy shall remain
in force to the full and collectible amounts as aforesaid.
The insurance policy shall provide for the payment of any final
judgment recovered by any person on account of the ownership, maintenance,
or use of the autocab or any fault in respect thereto, and shall be
for the benefit of every person suffering loss, damage or injury as
aforesaid.
E.
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.
F.
No taxicab/limousine license shall be issued to any person who conducts
such taxicab and/or limousine business at a location within the Town
of Secaucus, except upon proof that such location is zoned to permit
such business to be.
G.
A person shall be disqualified from operating or driving an autocab
if a criminal history record background check required pursuant to
this subsection reveals a record of conviction of any of the following
crimes:
(1)
In New Jersey or elsewhere any crime as follows: aggravated assault,
arson, burglary, escape, extortion, homicide, kidnapping, robbery,
aggravated sexual assault, sexual assault or endangering the welfare
of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with
or having in his possession any weapon enumerated in subsection r
of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A.
2C:39-3, N.J.S.A. 2C:39-4 and N.J.S.A. 2C:39-9, or other than a disorderly
persons or petty disorderly persons offense for the unlawful use,
possession or sale of a controlled dangerous substance as defined
in N.J.S.A. 2C:35-2.
(2)
In any other state, territory, commonwealth, or other jurisdiction
of the United States, or any country in the world, as a result of
a conviction in a court of competent jurisdiction, a crime which in
that other jurisdiction or country is comparable to one of the crimes
enumerated in paragraph (1) of this subsection.
If a person who has been convicted of one of the crimes enumerated
in paragraphs (1) and (2) of this subsection can produce a certificate
of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the
criminal offense occurred outside New Jersey, an equivalent certificate
from the jurisdiction where the criminal offense occurred, the criminal
offense shall not disqualify the applicant from operating or driving
an autocab.
The provisions of this subsection shall not apply to an operator
or driver of an autocab who has received the consent to operate in
a municipality prior to the effective date of this Ordinance No. 2013-5
(adopted April 9, 2013).
[Amended 8-14-84 by Ord. No. 84-35]
A.
Vehicles listed on the license may be substituted or replaced by
other vehicles only after written authorization is granted by the
Town Clerk or her designee and payment of a transfer fee of $10.
B.
No license may be sold, assigned or otherwise transferred except
upon payment of a $1,500 transfer fee and with the consent of the
governing body.
[Amended 3-10-09 by Ord. No. 2009-2]
[Amended 8-14-84 by Ord. No. 84-35; 12-8-09 by Ord. No. 2009-20]
A.
The Chief of Police or his designee, upon consideration of an application
for an operator's license and the reports 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
Town 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.
[Amended 9-23-86 by Ord. No. 86-26]
(1)
Whose driver's license to operate a motor vehicle is suspended
or revoked.
[Amended 7-22-97 by Ord. No. 97-17]
(2)
Who has been convicted of any misdemeanor, felony or 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 intoxicating liquor or drugs within five
years of the date of the application.
[Amended 9-23-86 by Ord. No. 86-26]
(5)
Who is a registered sex offender.
B.
The Chief of Police, or his designee, upon consideration of an application
for a provisional operator's license and the private investigatory
reports and police reports 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 Town Clerk to issue a provisional
operator's license, subject to receipt of the results and review
of a fingerprint search. In the event that an application is rejected
or an unsatisfactory fingerprint search is reported, the Chief of
Police shall advise the applicant and any provisional license will
be immediately revoked and returned to the Town Clerk.
C.
Upon the approval of an application for an operator's license
or provisional operator's license by the Chief of Police or his
designee, the Town Clerk shall issue a license upon which shall appear
the name, age, height, color of eyes and hair of the holder thereof,
accompanied by whom he is employed and a photo of the applicant.
[Amended 12-27-88 by Ord. No. 88-49; 12-8-09 by Ord. No. 2009-20]
A.
Each holder of a taxicab/limousine license shall post said license
in a conspicuous position in the taxicab or limousine on the dashboard;
if such taxicab or limousine does not have a dashboard, same shall
be posted in the front of the taxicab or limousine which shall be
in plain view of all passengers.
[Amended 10-27-92 by Ord. No. 92-38; 7-22-97 by Ord. No. 97-17]
B.
Each holder of an operator's or provisional operator's
license shall post said license in a conspicuous position in the taxicab
or limousine, which shall be in plain view of all passengers.
[Amended 7-22-97 by Ord. No. 97-17]
C.
In addition to the above requirements, each taxicab or limousine
licensed under this chapter shall affix to the driver's side,
lower portion rear windshield, a sticker provided by the town and
containing such language as the town deems appropriate, which shall
certify that such taxicab or limousine is licensed under this chapter.
[Amended 7-22-97 by Ord. No. 97-17]
D.
All such licenses and stickers are the property of the Town of Secaucus
and shall be surrendered upon demand of the town.
E.
Any person displaying any license or sticker which the town has demanded
be surrendered or returned to the town, shall be in violation of this
chapter.
[Repealed 2-13-91 by Ord. No. 91-2]
[Amended 7-22-97 by Ord. No. 97-17]
A.
The Chief of Police, the Director of the Secaucus Department of Consumer
Affairs, or their designees, may from time to time conduct investigations
to determine that all licenses comply with the provisions of this
chapter A taxicab/limousine license issued hereunder may be suspended
or revoked by the Chief of Police or the Director of the Secaucus
Department of Consumer affairs, or their designees, if the holder
has:
[Amended 8-14-84 by Ord. No. 84-35]
(1)
Failed to operate the licensed vehicle for more than 10 days, unless
for good cause shown.
(2)
Violated any town ordinance or state or federal law, the violation
of which reflects unfavorably on the fitness of the licensee to hold
a taxicab/limousine 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 or limousine 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 as a "spot inspection,"
when requested.
[Amended 10-24-89 by Ord. No. 89-46]
(9)
Operates a taxicab or limousine business from a Secaucus location
in violation of the applicable zoning laws.
[Added 2-13-91 by Ord. No. 91-4]
(10)
Allows a person to operate a taxicab or limousine without an
operator's license.
[Added 9-24-91 by Ord. No. 91-32]
B.
Whenever the holder of more than one taxicab/ limousine license shall
be suspended for a violation of any section of this chapter, the Chief
of Police or his designee 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 designee.
D.
Before any revocation of a license or suspension shall become effective,
the holder thereof may appeal the decision to the Mayor and Council
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
or limousine which is in violation of this chapter, shall only be
relicensed or reinstated upon such vehicle being reinspected and payment
of the applicable fees, including a reinspection fee of $25 and the
application fee of $35, if applicable.
[Added 10-24-89 by Ord. No. 89-46]
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.
For the purpose of this chapter and this section, "inspection,"
"re-inspection," 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.
[Added 10-24-89 by Ord. No. 89-46]
A.
An operator's license issued hereunder may be suspended or revoked by the Chief of Police, the Director of the Secaucus Department of Consumer Affairs, or their 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 § 124-10 hereof.
[Amended 8-14-84 by Ord. No. 84-35]
B.
Except as provided in Subsection C below, before any revocation of a license or suspension shall become effective, the holder thereof may appeal the decision to the Mayor and Council within 15 days of the receipt of notice of the intended action.
C.
Whenever the Chief of Police or the Director of the Secaucus Department
of Consumer Affairs, or their 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 Mayor and Council on such
action within five days of the suspension.
[Amended 8-14-84 by Ord. No. 84-35]
D.
The discharge of a driver by his employer shall automatically suspend
the operator's license. No fee shall be charged for an operator's
license if the same individual is rehired by another licensed taxicab
operator licensed in the Town of Secaucus during the same calendar
year.
A.
No taxicab license 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 town until they have successfully passed inspection.
[Amended 8-14-84 by Ord. No. 84-35; 8-28-01 by Ord. No. 2001-20; 5-14-02 by Ord. No. 2002-14]
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.
[Amended 10-24-89 by Ord. No. 89-46]
(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 the outside
when engaged.
[Amended 10-24-89 by Ord. No. 89-46]
(2)
A passenger compartment light adequate to illuminate the interior
of the passenger's compartment.
[Amended 9-13-88 by Ord. No. 88-31]
(3)
Each taxicab shall bear on the outside of each front door, in black
painted letters, not less than three inches in height, the name of
the owner of the taxicab, the public telephone number of the owner
and the number of the taxicab if the same owner operates more than
one vehicle.
[Amended 9-13-88 by Ord. No. 88-31; 4-13-04 by Ord. No. 2004-8; 11-9-04 by Ord. No. 2004-30]
(4)
Each taxicab shall have a roof light permanently attached to the
roof of said taxicab with the word "Taxi" inscribed thereon and illuminated
when the taxi is on duty.
[Added 4-13-04 by Ord. No. 2004-8; amended 11-9-04 by Ord. No. 2004-30]
(5)
[Added 4-13-04 by Ord. No. 2004-8; repealed 11-9-04 by Ord. No. 2004-30]
(6)
All taxicabs operated under the authority of this chapter shall be
equipped with taximeters fastened in front of the passengers, visible
to them at all times day and night. After sundown, the face of the
taximeter shall be illuminated. Such taximeters shall be operated
mechanically by a device of standard design and construction, driven
either from the transmission or from one of the front wheels by a
flexible and permanently attached driving mechanism. Each taximeter
shall have thereon a flag to denote when the vehicle is employed and
when it is not employed. It shall be the duty of the driver to throw
the flag of such taximeter into a recording position at the beginning
of each trip and to throw the flag of such taximeter into a nonrecording
position at the termination of each trip. Taximeters shall be subject
to inspection from time to time by the Chief of Police or his designee.
Such designee is hereby authorized, either on complaint of any person
or without such complaint, to inspect any meter, and upon discovery
of any inaccuracy therein, to notify the person operating such taxicab
to cease operation. Thereupon, such taxicab shall be kept off the
highways until the taximeter is repaired and in required working condition.
[Added 4-13-04 by Ord. No. 2004-8]
C.
(1)
The exterior 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.
[Amended 9-13-88 by Ord. No. 88-31]
E.
Inspection and approval of taxis and limousines for licenses shall
not mean that Secaucus is approving the mechanical fitness or safety
of the vehicles inspected. Each of the owners and operators of licensed
taxis and limousines shall indemnify and hold harmless the Town of
Secaucus, its agents and employees for any and all liability arising
out of the inspection and approval of all licensed taxis and limousines.
[Added 7-22-97 by Ord. No. 97-17]
F.
The Chief of Police or his designee may issue a temporary vehicle
inspection approval for a period not to exceed 30 days from the submission
of the vehicle for inspection.
[Amended 8-28-01 by Ord. No. 2001-20; 5-14-02 by Ord. No. 2002-14]
G.
In the event that a vehicle equipment or maintenance deficiency is
a violation of both this chapter and Title 39 of the New Jersey Statutes,
then a summons shall issue under Title 39 and not under this chapter.
However, this explicit preemption of this chapter by Title 39 of the
New Jersey Statutes shall not prohibit the denial or revocation of
a taxicab license because a violation summons is issued under Title
39 of the New Jersey Statutes.
[Added 5-14-02 by Ord. No. 2002-14]
B.
No taxicab driver shall charge fees in excess of the fee/rate schedule
that is on file with the Chief of Police, the Director of the Secaucus
Department of Consumer Affairs, the Town Clerk, or their designees.
[Amended 8-14-84 by Ord. No. 84-35]
C.
All drivers shall comply with all town, 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 Secaucus
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 designee 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, the Director of the Secaucus Department of Consumer Affairs,
or their designee, the Mayor and Council or any other town official
or employee, for the purpose of assuring that there is compliance
with this chapter.
[Amended 8-14-84 by Ord. No. 84-35]
[Added 2-13-91 by Ord. No. 91-2]
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, the Director of
Consumer Affairs, or their respective designee, shall have the right
to appeal such decision or determination to the Mayor and Council
of the Town of Secaucus within 10 days of notice of such decision
or determination. Such person shall file such appeal by giving notice
thereof to the Town Clerk, which notice shall include a written statement
setting forth the basis of such appeal. The Mayor and Council shall
conduct a public hearing within 10 business days of such notice, and
render a decision within five business days of such hearing. The Mayor
and Council may affirm or reverse such decision or determination or
remand the matter back to the Chief of Police or Director of Consumer
Affairs to act in conformity with any determination made by the Mayor
and Council at such hearing. Nothing herein shall affect or limit
the Chief of Police, the Director of Consumer Affairs or their respective
designee from having any violation of this chapter brought to the
attention of the Municipal Court. The Mayor and Council 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 Secaucus Municipal Court.
[Amended 8-14-84 by Ord. No. 84-35; 4-13-04 by Ord. No. 2004-8; 11-9-04 by Ord. No. 2004-30]
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 Town Clerk, the
Chief of Police and the Director of the Secaucus Department of Consumer
Affairs, or their designees. The taxicab company must submit a written
fare schedule (rate schedule), which shall address all fares or fees
to be charged for taxi services including any specific routes, whether
the fares/fees relate to a listed, scheduled route or not. The Town
shall provide a form which must be completed in its entirety to reflect
the approved fare or rate schedule which will be submitted to the
Town under this section. Whenever such person or taxicab company shall
submit an amended fare schedule to the Town Clerk, the Chief of Police
and the Director of the Secaucus Department of Consumer Affairs, such
new rates shall not be effective until 30 days after its submission.
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 the Director of the Secaucus Department of Consumer Affairs,
or their 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.
No distinction in rates may be made for time of day or weather conditions.
[Amended 5-12-15 by Ord. No. 2015-21]
B.
Prior to the transportation for hire of any person, the customers
shall be told the rate of fare for the 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.
It shall be unlawful for any person to refuse to pay the legal
fare after having hired the taxicab, and it shall be unlawful for
any person to hire any taxicab with intent to defraud the person from
whom it is hired of the value of such service.
[Amended 8-14-84 by Ord. No. 84-35; 10-24-89 by Ord. No. 89-46; 8-28-01 by Ord. No. 2001-20;
5-14-02 by Ord. No. 2002-14]
Any person who shall violate any of the provisions of this chapter,
upon conviction thereof, shall be punished by a fine of not less than
$250 for a first offense, not less than $500 for a second offense,
or $1,000 for a third offense or subsequent offense, or by imprisonment
in the county jail for a 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.
