[R.O. 1966 C.S. § 24:1-51; Ord.
6 PSF-A(S), 1-7-2016]
The Division of Police is authorized and instructed to observe
the operations of the holders of taxicab and drivers' licenses for
the purpose of enforcing compliance with the provisions of this chapter.
Upon discovering any violation of this chapter, the Division of Police
shall immediately take all appropriate Police action, including the
issuance of summons, to this end.
[R.O. 1966 C.S. § 24:1-52; Ord.
6 PSF-A(S), 1-7-2016]
The Manager, in addition, shall forward all reports from the
Division of Police or any complaints received by him/her to the Taxicab
Commission.
[R.O. 1966 C.S. § 24:1-53]
a. Except as provided in paragraph b of this section, prior to the suspension or revocation of a license or the imposition of a monetary penalty as provided in Section
34:1-54, the licensee shall be given written notice of the charge against him/her and shall be given the opportunity for a hearing before the Taxicab Commission. The licensee may be represented by legal counsel at any such hearing. The Manager shall be present at all hearings, and, at the conclusion of the hearing shall make a recommendation to the Taxicab Commission concerning the charge made against the licensee. Upon consideration of the recommendation of the Manager, the Taxicab Commission shall make a determination concerning the charge against the licensee. If the Commission determines that the licensee did commit the offense charged, the Manager shall impose a penalty in accordance with Section
34:1-54, after a consideration of the charge and the record of the licensee. Any decision of the Taxicab Commission shall be subject to appeal to the Business Administrator. All such hearings, appeals and decisions shall not be unduly delayed.
b. The Manager may suspend, pending a hearing, any taxicab license under
this section if the insurance requirements of 34:1-2 or the inspections
requirements of 34:1-19 are not complied with by the licensee. Any
license may be suspended, pending a hearing, if the licensee fails
to appear at a hearing before the Taxicab Commission after receiving
notice thereof.
c. Nothing in this section shall be deemed to preclude the removal of
a taxicab from service as specified in 34:1-57.
[R.O. 1966 C.S. § 24:1-54; Ord.
6 S+FA, 5-1-1991; Ord. 6 S+FJ, 4-1-1992; Ord. 6 S+FB, 4-16-1997; Ord. 6 S+FA, 3-17-1999; Ord. 6 S+FG, 2-6-2008 § 1]
a. All Taxicab Licenses issued under this chapter after a hearing before
the Newark Taxicab Commission may be suspended or a monetary penalty
imposed by the Manager, after review of the recommendations by the
Newark Taxicab Commission. The monetary penalty shall not exceed $75
for the first offense; $150 for the second offense; or $400 for the
third or subsequent offenses. A penalty shall be imposed if the licensee:
1. Violated any of the provisions of this chapter, except for violations
of 34:1-2 wherein the provisions of c of this section shall apply;
2. Discontinued operations for more than 180 days;
3. Violated any other ordinance of the City or laws of the State of
New Jersey or the United States, the violation of which reflects unfavorably
on the fitness of the licensee to offer public transportation.
4. Knowingly permitted his/her licensed taxicab to be used for any illegal
or immoral purposes;
5. Violated any rule or regulation promulgated pursuant to this chapter;
or
6. Within the license year, has been found guilty of a 1st, 2nd, or
3rd degree crime or their equivalent in another jurisdiction, or has
knowingly permitted his/her taxicab to be used for any illegal or
immoral purpose.
b. Revocation of Licenses. The Director may revoke the license of a driver or the medallion of an owner for continuous violations of Section
34:1-54a, 1-6, according to revocation terms as follows:
Offense
|
Revocation Period
|
|
---|
First
|
30 days
|
|
Second
|
90 days
|
If within 3 years of first offense
|
Third
|
180 days
|
If within 3 years of first offense
|
Fourth
|
Permanent
|
If within 3 years of first offense and in violation of any other
ordinance of the City or laws of the State of New Jersey or the United
States, which reflects unfavorably on the fitness of the licensee
to offer public transportation Drivers or medallion owners affected
will be entitled to due process as herein outlined.
|
1. Notice of revocation shall be in writing and shall indicate the precise
reason(s) for same. Notice shall identify the section of ordinance
violated and shall not take effect until all procedures are adjudicated
as follows: The licensee or medallion owner affected may contest the
revocation of his/her license and request a hearing. The request must
be in writing, addressed to the Business Administrator of the City
and within 10 days from the contested action. The Business Administrator
shall schedule a hearing within 30 days from the date of the written
request. The Business Administrator shall apply due process in conducting
the hearing regarding revocation.
2. If within 40 days of the revocation of driver's license as provided in paragraph a of Section
34:1-54, the hearing and due process confirm grounds for revocation, license or medallion shall be revoked for a maximum period of 30 days.
3. The licensee or medallion owner may appeal the decision of the Business
Administrator to the Newark Municipal Court. After due process is
accorded in court to the licensee or medallion owner, the Municipal
Court may uphold or modify the revocation as it deems appropriate.
Such modification may include dismissal, increase revocation period
or stay the original revocation.
c. The maximum monetary penalty for violations of 34:1-2 "Insurance
Requirements" shall be in an amount not to exceed $1,000.
d. Penalties imposed under this Article for any violations may be imposed
on the holder of the taxicab license, the taxicab driver, or both.
e. Any taxicab owner or driver violating the provisions of this chapter
shall be subject to a monetary penalty of not less than $25, nor more
than $250, and/or suspension or revocation of his/her taxicab license.