Editor's Note: Amended in entirety 10-8-2019 by Ord. No. 3550. Prior ordinance history includes portions of Ordinance Nos. 116K;
1972; 2092; Ord. No. 2870; Ord. No. 3339; and Ord.
No. 3363.
[Amended 10-8-2019 by Ord. No. 3550]
As used in this chapter, the following terms shall have the
meanings indicated:
The Chief of Police of the Township of Belleville.
Any automobile, limousine or motorcar, other than a bus or
taxicab, which is engaged in the business of transporting passengers
for hire, other than in the conduct of a funeral, and operates out
of closed premises, and which is hired by charter or for a particular
contract or by the day or hour or other fixed period, or charges a
fare or price agreed upon in advance between the operator and the
passenger.
The Township Manager of the Township of Belleville.
Any automobile or motorcar, other than a bus or livery or
limousine, which is engaged in the business of transporting passengers
for hire.
[Amended 10-8-2019 by Ord. No. 3550]
The Manager shall have charge of and shall control the examination
of applicants for licenses for taxicabs, liveries, limousines and
drivers thereof; the licensing, regulation and inspection of taxicabs,
limousines and liveries; the licensing of drivers; and the enforcement
of all the provisions of this chapter. The Manager shall have the
power to approve, deny, suspend or revoke any taxicab, limousine or
livery license or the licenses of drivers of taxicabs, limousines
or liveries, for cause, as hereinafter provided. The powers conferred
on the Municipal Clerk by this chapter shall be exercised under the
control of the Manager.
[Amended 10-8-2019 by Ord. No. 3550]
No person shall hire out or keep or use for hire or pay, or
cause to be kept or used for hire or pay, any taxicab, limousine or
livery without first having obtained a license for that purpose from
the Municipal Clerk. A separate license shall be required for each
taxicab, limousine or livery.
[Amended 10-8-2019 by Ord. No. 3550]
a.
Each application for a taxicab, limousine or livery license shall
be in writing and filed with the Municipal Clerk, in duplicate, on
forms provided by the Police Department. The application shall contain:
1.
The name and address of the owner.
2.
The name and address of the lessee, if any.
3.
The business or trade name, if any, under which the owner or lessee
will operate the taxicab, limousine or livery.
4.
The serial number, make, model, year and color of the taxicab, limousine
or livery.
5.
The automobile registration number issued for said vehicle by the
New Jersey Motor Vehicle Commission.
6.
The maximum number of persons it is to carry.
b.
In the event that, after the filing of said application and before
the expiration of the license issued thereunder, any change in circumstances
shall occur with respect to any information submitted on the application,
the applicant shall, no later than 10 days following the occurrence
of such change, give written notice thereof to the Municipal Clerk,
indicating the nature thereof and the manner in which the information
set forth on the original application should be amended, modified
or corrected to conform to such change in circumstances.
[Amended 10-8-2019 by Ord. No. 3550]
No taxicab, limousine or livery shall be licensed until a policy
of insurance shall have been filed with the Municipal Clerk in accordance
with the provisions of N.J.S.A. 48:16-1 to 48:16-22, inclusive, as
now or hereafter amended or supplemented. Such policy of insurance
shall not be filed unless it is approved by the Law Department of
the Township.
[Amended 10-8-2019 by Ord. No. 3550]
No taxicab, limousine or livery license shall be approved or
issued until the vehicle has been thoroughly inspected and found to
be in a clean and sanitary condition and mechanically safe for the
transportation of passengers, to be evidenced by a current inspection
sticker issued by the New Jersey Motor Vehicle Commission. Each vehicle
shall also contain a first aid kit, fire extinguisher and some sort
of equipment allowing for emergency contact.
[Amended 10-8-2019 by Ord. No. 3550]
No taxicab license shall be approved or issued until the taxicab has been inspected in the manner provided in subsection 7-3.4 and is found to meet the following requirements:
a.
Every taxicab shall bear the following identification:
1.
Each taxicab shall bear on the outside of each rear door and in the
center of the rear trunk deck lid, in painted letters, in contrasting
colors, not less than eight inches in length, the taxi identification
number assigned by the Township Clerk, which number shall run in sequence
and not be duplicated. Additionally, each taxicab shall bear on the
outside of each front door, in painted letters, not less than three
inches in height, in contrasting colors, the name of the owner, association
of which the owner is a member or registered trade name by which the
owner conducts business.
2.
The name of the owner or corporate owner shall be painted in legible
letters two inches in height on the rear doors.
b.
Each taxicab shall be painted a distinctive color so that it can
be easily distinguished by the public. Said colors shall first be
approved by the Municipal Council or its designee.
c.
It shall be unlawful for any person to operate any vehicle not licensed
under this chapter in such a manner as to mislead or tend to mislead,
deceive or defraud the public into believing that said vehicle is
a taxicab or is being operated as a taxicab.
d.
In the event the name of the owner or the trade name of the owner
or association includes the name of a color and said name is painted
or placed on the outside front doors of the taxicab, then the color
referred to in the name or association shall be the dominant color
scheme of the body of the taxicab. This provision shall become effective
and applied to new taxicab vehicles acquired after the effective date
of the chapter.
e.
No taxicab covered by the terms of this chapter shall be licensed
if the color scheme or the name, monogram or insignia to be used thereon
shall conflict with or imitate any color scheme, monogram, name or
insignia used by any other person, firm or corporation operating a
taxicab or taxicabs in the Township in such a manner as to mislead
or tend to mislead, deceive or defraud the public.
f.
If, after a license has been issued for a taxicab hereunder, the
color scheme, name, monogram or insignia used by such person, firm
or corporation operating a taxicab or taxicabs in the Township mislead
or tends to mislead, deceive or defraud the public, the license for
such taxicab or taxicabs may be revoked by the Municipal Council after
notice to the owner.
g.
The taximeter of every taxicab operating on a meter shall be in proper
condition and accurate. The face of the taximeter shall be illuminated
by suitable light after sundown. No taximeter shall be approved unless
the case thereof is sealed and gears are enclosed. All taxicabs acquired
after the effective date of this amendment must be equipped with a
taximeter.
[Amended 10-8-2019 by Ord. No. 3550]
Licenses for taxicabs, limousines and liveries shall be issued
by the Municipal Clerk and shall be signed by him or her, in the name
of the Township.
[Amended 10-8-2019 by Ord. No. 3550]
Upon issuance of a taxicab license, the Municipal Clerk shall issue to the licensee a card containing the name of the owner, the license number of the vehicle, year of issue and the rates of fare as provide in subsection 7-5.5 hereof. The card shall be inserted in a card rack or frame provided by the owner and attached on the inside of the taxicab on the front dashboard.
[Amended 10-8-2019 by Ord. No. 3550]
Upon issuance of a livery or limousine license, the Municipal
Clerk shall issue to the licensee a card containing the name of the
owner or lessee, the license number of the vehicle and year of issue.
The card shall remain in the livery or limousine for which issued.
It shall be exhibited by the owner or lessee or driver thereof upon
request.
[Amended 10-8-2019 by Ord. No. 3550]
A taxicab license shall be for a period of one year or for such lesser period of time as the insurance required pursuant to subsection 7-3.3 remains in full force.
[Amended 10-8-2019 by Ord. No. 3550]
Each taxicab, limousine or livery license shall apply only to
the person to whom granted and shall not be transferable to any other
persons. With the approval of the Township Manager, the holder of
a taxicab, limousine or livery license applicable to a particular
taxicab, limousine or livery may transfer the same to another taxicab,
limousine or livery owned or leased by him or her upon payment of
a transfer fee of $100.
[Amended 10-8-2019 by Ord. No. 3550]
The licenses fee for each taxicab shall be as set forth in Chapter 4, General Licensing.
[Amended 10-8-2019 by Ord. No. 3550]
No taxicab, limousine or livery licensed under this chapter
shall be operated on the streets of the Township except by a driver
who shall have first obtained a license for that purpose from the
Municipal Clerk.
[Amended 10-8-2019 by Ord. No. 3550]
All applications for drivers' licenses shall be in writing
and shall be filed with the Municipal Clerk, in duplicate, on forms
provided by the Police Department. No person shall be licensed as
a driver under this chapter unless he or she:
a.
Furnishes with his or her application three copies of a recent photograph
of himself or herself, of a size not less than 1 3/4 inches in
length and 1 1/4 inches in width, and the certificate of a reputable
physician certifying that the applicant has been examined within the
preceding 60 days and that he or she has no infirmity of body or mind
which might render him or her unfit for the safe operation of a taxicab
or livery.
b.
Is at least 18 years of age.
c.
Is a holder of a New Jersey auto driver's license.
d.
Is able to understand, read and write the English language.
e.
Is possessed of a satisfactory knowledge of traffic regulations and
of the geography of the Township.
f.
Is of good character.
g.
Is not addicted to the use of drugs or intoxicating liquors.
h.
Is not an habitual violator of the Motor Vehicle Act.
i.
Has not been convicted of an indictable offense or any criminal offense
involving moral turpitude.
j.
Pays all required fees required by this chapter.
[Amended 10-8-2019 by Ord. No. 3550]
Before issuance of a driver's license, an applicant shall
be subject to a name and credential check by the Police Department.
[Amended 10-8-2019 by Ord. No. 3550]
Licenses issued to drivers shall be of one type. They shall
permit the operation by the licensed driver of either a taxicab, limousine
or livery.
[Amended 10-8-2019 by Ord. No. 3550]
Upon approval of the application for license and payment of
the license fee hereinafter provided, the Municipal Clerk shall issue
a license in the name of the Township. The Municipal Clerk shall issue
to the licensee an identification card. The card shall contain the
name of the licensee, a straight-view photograph of the licensee and
the Township license number of the licensee.
[Amended 10-8-2019 by Ord. No. 3550]
While engaged as a taxicab driver, the licensee shall insert
his or her license identification in a card rack or frame provided
by the owners and attached on the back of the front seat in a place
readily visible to a passenger. The driver of any taxicab shall be
responsible for keeping his or her identification card in the taxicab
operated by him or her at the time. While engaged as a livery or limousine
driver, the licensee shall have his or her identification card in
his or her possession and shall exhibit it upon request.
[Amended 10-8-2019 by Ord. No. 3550]
All drivers' licenses issued pursuant to this chapter shall
expire on December 31 next succeeding the date issued; unless sooner
suspended or revoked.
[Amended 10-8-2019 by Ord. No. 3550]
The fee for a driver's license shall be as set forth in Chapter 4, General Licensing.
[Amended 10-8-2019 by Ord. No. 3550]
Licensed taxicabs, limousines and liveries may be inspected
and reinspected at any time for cleanliness, sanitary condition, mechanical
safety for the transportation of passengers and general safety and
fitness for public patronage. Such inspections shall be made and records
thereof shall be kept by the Police Department.
[Amended 10-8-2019 by Ord. No. 3550]
[Amended 10-8-2019 by Ord. No. 3550]
The name, monogram, insignia or color scheme of a licensed taxicab
shall not be changed after the issuance of a license therefor so as
to be in conflict with the name, monogram, insignia or color scheme
used by any other licensee.
[Amended 10-8-2019 by Ord. No. 3550]
Any change of address of the owner of any taxicab, limousine
or livery or of any driver, occurring after the issuance of a license
under this chapter, shall be reported by said licensee to the Municipal
Clerk, in writing, within three days after such change. The Municipal
Clerk shall immediately report such change of address to the Chief
of Police.
[Amended 10-8-2019 by Ord. No. 3550]
a.
It shall be unlawful for the owner or driver of a taxicab to charge
or cause to be charged for the use of a taxicab a sum greater than
the following rates:
1.
Between points within the Township. For conveying the first one or
more passengers between any two points within the corporate limits
of the Township, the rates shall be a flat rate of $6.
2.
For each minute of waiting time: $0.25.
3.
Notwithstanding the foregoing rates, there shall be a minimum charge
of $2.50.
b.
If one or more passengers is a senior citizen 65 years or older,
a discount of 10% of the final charge shall be granted upon proof
of age.
c.
A legible printed schedule of the rates shall be conspicuously posted
within the taxicab so that it is visible to the passengers, which
printed schedule shall be provided by the Township Clerk. Said schedule
shall also be conspicuously posted in the office of the Township Clerk
and at the principal place of business of each taxicab company operating
within the Township of Belleville.
[Amended 10-8-2019 by Ord. No. 3550]
Every licensed taxicab driver shall record in writing the time
and place each passenger is accepted and the time and place of discharge
of the passenger. Such records shall be kept intact for one year from
the date thereof. Such records shall be kept open for inspection at
all times during the one-year period by a duly authorized representative
of the Police Department.
[Amended 10-8-2019 by Ord. No. 3550]
No driver of any licensed taxicab in soliciting employment shall
so operate a taxicab as to interfere with or impeded unnecessarily
the movement of other vehicles or pedestrians. Employment may be solicited
by driving through any public street or place at a rate of speed that
will not interfere with or impeded traffic. No passenger shall be
solicited unless within six feet of a taxicab.
[Amended 10-8-2019 by Ord. No. 3550]
No taxicab passenger shall be accepted or discharged on a public
street except at the curb.
[Amended 10-8-2019 by Ord. No. 3550]
No licensed taxicab may park in any public street or public
place in the Township except in such place or places as may be designated
by ordinance, resolution or regulation adopted in accordance with
law. Only such taxicabs as are for hire may remain at designated taxicab
stands while waiting for employment. After the first taxicab in line
leaves the stand, those behind shall move up. Any other taxicab seeking
parking space in such stand shall approach it only from the rear thereof.
[Amended 10-8-2019 by Ord. No. 3550]
The driver of any licensed taxicab shall have the authority
to demand payment of legal fare in advance and may refuse employment
unless such fare is so prepaid, but no driver of a taxicab shall otherwise
refuse employment by an orderly person for transportation anywhere
in the Township. No driver of a taxicab shall carry any person other
than the first passenger employing him or her without the consent
of the first passenger.
[Amended 10-8-2019 by Ord. No. 3550]
No owner or driver of any licensed taxicab, limousine or livery
shall induce any person to employ him or her by knowingly misinforming
or misleading such person. No driver shall convey any passenger to
any place or by any route other than the most direct route, unless
otherwise directed by said passenger.
[Amended 10-8-2019 by Ord. No. 3550]
No owner or driver of any licensed livery or limousine may solicit
patronage in any public street or public place in the Township.
[Amended 10-8-2019 by Ord. No. 3550]
The driver of any licensed taxicab, limousine or livery, immediately
after the termination of any hiring or employment, shall carefully
search his or her taxicab or livery for any property lost or abandoned
therein. Such property, unless sooner claimed or delivered to the
owner, shall be reported in writing by the driver or by the owner
of the taxicab, limousine or livery to the Police Department, giving
particulars and a brief description of said property, within 24 hours
after the finding of same. All such property not claimed within said
twenty-four-hour period shall be turned over by such driver or owner
of a taxicab, limousine or livery to the Property Clerk of the Police
Department.
[Amended 10-8-2019 by Ord. No. 3550]
Nothing contained in this chapter shall prohibit the use of
a taxicab, limousine or livery for private purposes, provided that
there is no solicitation of patronage.
[Amended 10-8-2019 by Ord. No. 3550]
a.
No licensed driver shall commit an act or acts which would disqualify him or her for a driver's license under subsection 7-4.2 paragraphs g, h or i (drug or liquor addition, habitual violation of the Motor Vehicle Act, conviction of an indictable offense or conviction of any criminal offense involving moral turpitude) or shall permit a taxicab or livery driven by him or her to be used for any illegal or immoral purpose.
b.
No owner of a licensed taxicab, limousine or livery shall permit
the use of such taxicab, limousine or livery for illegal or immoral
purposes.
[Amended 10-8-2019 by Ord. No. 3550]
The license of any taxicab issued pursuant to this chapter may
be suspended or revoked by the Manager for any of the following causes:
a.
A violation of any provision of this chapter, a violation of any
provision of any other ordinance of the Township of Belleville or
a violation of any of the laws of the State of New Jersey.
b.
The falsification of any information contained in the application
for a license.
c.
Permitting or suffering any taxicab to be used for any illegal or
immoral purpose or purposes.
d.
If the vehicle is found to be unsafe or unfit for public patronage.
e.
If inspection discloses that the taximeter is not in proper working
condition or is operating inaccurately.
[Amended 10-8-2019 by Ord. No. 3550]
The license of any livery or limousine may be suspended or revoked
by the Manager for any of the following causes:
a.
A violation of any provision of this chapter, a violation of any
provision of any other ordinance of the Township of Belleville or
a violation of any of the laws of the State of New Jersey.
b.
The falsification of any information contained in the application
for a license.
c.
Permitting or suffering any livery or limousine to be used for any
illegal or immoral purpose or purposes.
d.
If the vehicle is found to be unsafe or unfit for public patronage.
[Amended 10-8-2019 by Ord. No. 3550]
The license of any driver may be suspended or revoked by the
Manger for any of the following causes:
a.
A violation of any of the provisions of this chapter, a violation
of any provisions of any other ordinance of the Township of Belleville
or a violation of any of the laws of the State of New Jersey.
b.
Falsification of any information contained in the application for
a driver's license under this chapter.
c.
Permitting or suffering a taxicab, limousine or livery operated by
him or her to be used for any illegal or immoral purpose or purposes.
[Amended 10-8-2019 by Ord. No. 3550]
a.
No license issued pursuant to this chapter shall be revoked except
after due notice and opportunity for a hearing. Pending such hearing,
licenses may be suspended.
b.
Whenever any license issued pursuant to this chapter has been suspended,
it shall be forthwith surrendered to the Municipal Clerk and held
by him or her until the expiration of the period of suspension; and
whenever any license issued pursuant to this chapter shall be revoked,
said license shall be forthwith surrendered to the Municipal Clerk,
who shall cancel the same.
[Amended 10-8-2019 by Ord. No. 3550]
a.
Any person who violates any provision of this chapter shall, upon
conviction thereof, be punished by a fine not exceeding $2,000, imprisonment
in the county/municipal jail for a term not exceeding 90 days, or
a period of community service not exceeding 90 days, or any combination
thereof as determined by the Municipal Court Judge. Each day on which
a violation of an ordinance exists shall be considered a separate
and distinct violation and shall be subject to imposition of a separate
penalty for each day of the violation as the Municipal Court Judge
may determine.
