Editor's Note: This chapter was originally adopted by Ord. 6 S+FK, 5-1-1991
[Ord. 6 S+FG, 10-2-1991 § 24:2-1; Ord. 6 PSF-A(S), 1-7-2016]
As used in this chapter:
AUTOCAB
Does not include any automobile or motor car exclusively used in the business of transporting passengers from their home to any medical service or treatment facility, provided these automobiles or motorcars are marked "Medical Transport" in letters at least 3 1/2 inches but no greater than 5 1/2 inches high on both front doors.
AUTOCAB
Means and includes any automobile or motor car, other than a taxicab or bus, with a carrying capacity of not more than nine passengers, not including the driver, used in the business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated or run over any of the streets or public highways in the City of Newark, and which is hired by charter or for a particular contract or by the day or hour or after fixed period, or to transport passengers to a specified place or places, or which charges a fare or price agreed upon in advance between the operator and passenger.
AUTOCAB LICENSE
Shall mean a license issued for the vehicle by the Commission to the owner(s) of the autocab.
BASE
Shall mean a place of business from which autocabs are dispatched.
BUSINESS ADMINISTRATOR
Shall mean the Business Administrator of the City of Newark.
CERTIFICATE
Shall mean a certificate of compliance issued by the Clerk of the City of Newark upon the filing of the required insurance policy or bond.
CITY CLERK
Shall mean the Clerk of the City of Newark.
COMMISSION
Shall mean the office of Taxicabs within the Department of Public Safety, Division of Police of the City of Newark.
CORPORATION COUNSEL
Shall mean the Corporation Counsel of the City of Newark.
DISPATCH
Shall mean an instruction to a driver by a base to provide transportation to a passenger who has previously arranged for such transportation with the base.
DRIVER
Shall mean a person to whom a driver's license has been issued.
DRIVER'S LICENSE
Shall mean a license issued by the Commission to persons who meet the Commission's qualifications of a for-hire driver of an autocab.
HOLDER
Shall mean a person to whom an autocab license has been issued.
LIMOUSINE or LIVERY SERVICE
Shall mean and includes the business of carrying passengers for hire by autocabs.
MANAGER
Shall mean the Manager of the Office of Taxicabs.
OFFICE
Shall mean the Office of Taxicabs within the Department of Public Safety, Division of Police of the City of Newark.
PERSON
Shall mean and includes any individual, copartnership, association, corporation or joint stock company, their lessee, trustees or receivers appointed by any court whatsoever.
PRINCIPAL PLACE OF BUSINESS
Shall mean the place or location of the business within the City of Newark where the autocabs are dispatched, stored and/or parked.
[Ord. 6 S+FG, 10-2-1991 § 24:2-2; Ord. 6 S+FF, 1-20-1993]
a. 
No person shall operate or permit an autocab owned or controlled by him or her to be operated as an autocab upon the streets of the City of Newark without first obtaining an autocab license and a driver's license from the Division; a certificate of compliance from the City Clerk; and livery plates from the Motor Vehicle Commission (MVC) if:
1. 
His or her principal place of business is in the City of Newark;
2. 
His or her base is in the City of Newark; or
3. 
The majority of his or her autocab business is in the City of Newark.
b. 
Each person operating an autocab within the City of Newark shall be affiliated and/or associated with a base.
[Ord. 6 S+FG, 10-2-1991 § 24:2-3]
The principal place of business or base can only be located in those districts permitted by local zoning ordinances and shall not be combined with any residential property and/or any other business. All autocabs shall be garaged and shall not be stored and/or parked on the streets of the City of Newark.
[Ord. 6 S+FG, 10-2-1991 § 24:2-4; Ord. 6 PSF-A(S), 1-7-2016]
a. 
The term of each autocab license and driver's license issued by the Division shall not exceed one year and shall expire on March 31st of each year.
b. 
The annual license fee for the owner to operate each autocab in the City of Newark shall be $250 and shall be paid in full on or before March 1st of each year. The fee shall be made payable to the Office of Taxicabs.
c. 
The annual license fee for each driver (other than the owner) to operate an autocab in the City of Newark shall be $50. The fee shall be made payable to the Office of Taxicabs.
d. 
Such license fees shall be in addition to the $25 fee made payable to the City Clerk for the Certificate of Compliance issued by the City Clerk and any other fees or charges established by the City of Newark which are applicable to autocabs.
e. 
The autocab license fee, driver's license fee and the fee for the Certificate of Compliance shall be payable upon the presentation of the application to the Manager of the Division, who will forward the monies accordingly to the appropriate offices. In the event that the license is denied or the application is withdrawn, all fees shall be returned less the sum of $50 for filing costs (i.e., $25 each for the filing cost shall be retained by the Division and the City Clerk).
[Ord. 6 S+FG, 10-2-1991 § 24:2-5]
a. 
In order to insure the safety of the public, it shall be unlawful for any person to operate or cause or permit an autocab to be operated, nor shall any autocab license or Certificate of Compliance be issued until an insurance policy in compliance with N.J.S.A. 48:16-13 to 48:16-22 has been approved by the Corporation Counsel. The insurance policy shall name the City of Newark as an additional insured and contain therein an endorsement indicating that their principal place of business is within the City of Newark. Upon the issuance of the license, the original insurance policy shall thereupon be filed forthwith with the Office of the City Clerk.
b. 
Any license issued hereunder shall only be effective for as long as the insurance policy remains in force and in accordance with the statutory amounts. In the event that the insurance is cancelled, the autocab license shall terminate on the effective date of the cancellation, unless the insurance has been reinstated and a withdrawal of the cancellation or a new policy of insurance has been submitted to the City Clerk prior thereto for the remainder of the license term.
c. 
The insurance policy must provide therein that it shall not be cancelled except upon 20 days' prior written notice to the Manager of the Division.
[Ord. 6 S+FG, 10-2-1991 § 24:2-6]
a. 
Upon approval of the insurance policy by the Corporation Counsel, the City Clerk shall issue a Certificate of Compliance in duplicate to the applicant showing that he/she has complied with the terms and provisions of N.J.S. 48:16-14.
b. 
The duplicate of the certificate shall be filed with the Motor Vehicle Commission (MVC) before such vehicle is registered as an autocab, limousine or livery service.
c. 
The original certificate shall be posted in a conspicuous place within the autocab.
[Ord. 6 S+FG, 10-2-1991 § 24:2-7; Ord. 6 PSF-A(S), 1-7-2016]
a. 
An application for an autocab license shall be made by the owner, lessee, bailee or driver of the autocab and shall be filed with Manager of the Division upon forms provided by the Division, together with the autocab license fee of $250, the driver's license fee of $50, if applicable, and the $25 fee for the Certificate of Compliance payable as indicated in Section 34:2-4 above. The application shall be verified under oath and shall contain the following information:
1. 
Name and legal address of the applicant;
2. 
Resident addresses for the past three years;
3. 
Age, height, color of eyes and hair;
4. 
Place and date of birth;
5. 
Marital status;
6. 
Previous employment and employers for the past three years;
7. 
Whether the applicant has ever been convicted of a crime punishable by more than one year imprisonment or a violation of this chapter;
8. 
Whether his or her driver's license, issued by any State, foreign country or municipality, has been suspended or revoked for any cause, and the particulars thereof;
9. 
The name of the owner and driver of the autocab, limousine or livery service and the applicant's relationship to the person;
10. 
The year, type, vin number and model of the autocab for which the license is desired;
11. 
The number of passengers the autocab is capable of transporting;
12. 
The principal place of business of the autocab, limousine or livery service;
13. 
Any other pertinent information or documentation requested by the Manager of the Division.
b. 
Upon an initial application for an autocab license and driver's license, the applicant shall submit to fingerprinting by the Newark Division of Police.
c. 
Each application must be accompanied by a certificate from a licensed and practicing physician of the State of New Jersey, certifying that the applicant has been examined on a certain date, within 60 days prior to the filing of the application; and that, in his or her professional opinion, the applicant is of sound physique, with good eyesight, not subject to epilepsy, vertigo, heart trouble, or any other infirmity of body or mind which might make the applicant unfit to safely operate an autocab and/or put the safety of a passenger in jeopardy.
d. 
Each application shall be accompanied by four passport-size photographs of the applicant taken within 30 days of the application (front view size: 2x2 inches).
e. 
Each application shall be accompanied by an original and one copy of a current insurance policy in accordance with the requirements of this chapter and the Laws of the State of New Jersey.
f. 
At the time of application the owner of the autocab, limousine or livery service shall execute a Power of Attorney appointing the Chief Fiscal Officer of the City of Newark as his/her true and lawful attorney for the purpose of acknowledging service of any process for indemnity under the policy, which shall be filed, together with the insurance policy with the City Clerk.
g. 
The annual application for renewal of an autocab license shall be filed with the Division not later than 30 days prior to the expiration date of the license.
[Ord. 6 S+FG, 10-2-1991; Ord. 6 S+Fi, 4-1-1992]
No autocab license or driver's license shall be issued or renewed unless the applicant:
a. 
Furnishes satisfactory evidence that he or she is the holder, for at least one year prior to the date of application, of a valid automobile driver's license issued by the New Jersey Motor Vehicle Commission (MVC);
b. 
Is at least 18 years of age;
c. 
Has been a legal resident of New Jersey for one year or more;
d. 
Is able to speak and understand the English Language;
e. 
Is a citizen or legal resident alien of the United States;
f. 
Furnishes written proof that the applicant is the owner, lessee, employee, agent or servant of the owner of the autocab, limousine or livery service;
g. 
Obtain a Certificate of Compliance from the City Clerk.
h. 
No autocab license or driver's license shall be issued unless the applicant therefor has completed an annual orientation class(es) provided by the Division. All drivers shall be required to attend subsequent orientation classes once every three years if offered.
i. 
Furnishes proof to the Manager of the Division that he/she has adequately provided for the safety of children under the age of five years, who may be passengers in an autocab owned or operated by him/her. In the case of an autocab fleet, such proof shall consist of a written policy or posted notice at the base of operation and in all fleet autocabs, conspicuous to drivers, setting forth that prior to the operation of the autocab, children 18 months of age or younger, who are passengers in an autocab, shall be placed in a Federally approved child restraint seat; and children over the age of 18 months, but under the age of five years, must be placed in a car seat if riding in the front seat of an autocab, or in a lap and/or lap and shoulder harness seat belt if riding in the rear seat of an autocab. An autocab fleet must at all times keep and maintain, in fleet vehicles or at the base of operation, a total number of Federally approved seats equal to 25% of the number of licensed autocabs in its fleet, which shall be available at all times for use by drivers of fleet autocabs. In the case of an independent owner, proof must be furnished to the Manager of the Division that he/she keeps and maintains a Federally approved car seat in the passenger compartment or trunk of the licensed autocab at all times for use in accordance with this section and paragraph c of Section 34:2-13.
[Ord. 6 S+FG, 10-2-1991 § 24:2-2; Ord. 6 PSFA(S), 1-7-2016]
a. 
Upon the filing of an application for an autocab license and driver's license, the Manager of the Division shall refer the same to the Newark Division of Police which shall conduct an investigation of each applicant for an autocab license and driver's license. The applicant's photo and fingerprints, where required, shall be forwarded to the Newark Division of Police Bureau of Records and Identification. A report of such investigation and a copy of the traffic and Police record of the applicant, if any, shall be attached to the application and returned for the consideration of the Commission.
b. 
The Manager of the Division and/or Commission shall consider the application, the Police Investigation report, the physician's certificate and any other documentation required to be attached thereto, the character, driving experience and responsibility of the applicant and any other relevant facts whatsoever and shall approve or reject the application. However, no autocab license or driver's license shall be issued until a written Police investigation report is received from the Newark Division of Police Bureau of Records and Identification, showing the result of the investigation of the applicant's prior Police history, if any, through an examination of the fingerprints. If a delay of more than 30 days is encountered between the date of fingerprinting and the receipt of the results of a Federal Bureau of Investigation (FBI) or a New Jersey State Police fingerprint check, the Manager of the Division may issue the applicant a temporary license for a period not to exceed six months based on a check through the fingerprints on file with the Newark Division of Police. If, when received by the Division, all results of the fingerprint checks by the FBI and the New Jersey State Police show that the applicant is unfit to obtain a license, the Division may immediately revoke the applicant's license.
c. 
If the application is rejected, the applicant may make a written request, within 30 days of such rejection for a hearing before the Commission to offer evidence why the application should be reconsidered.
[Ord. 6 S+FG, 10-2-1991 § 24:2-2010; Ord. 6 SF-B, 9-19-2012; Ord. 6 PSF-H, 10-17-2012]
Upon approval of an application for an autocab license and driver's license by the Manager and/or Commission, the Manager shall issue the license to the applicant. The license shall bear the name, signature and photo of the applicant. It shall also contain the City of Newark's license number and bear the signature of the Manager of the Division, together with a notice that in case of a complaint, the Division shall be notified of the autocab license number and/or driver's license number.
Upon receipt, the autocab driver shall display the autocab license, together with the driver's license, on the left visor or on top of the right side of the dashboard in full view of any passenger(s) in the rear seat of the autocab at all times.
[Ord. 6 S+FG, 10-2-1991 § 24:2-11]
a. 
No autocab license may be sold, assigned or otherwise transferred without the consent of the Manager upon the recommendation of the Commission. A license may be transferred to another person to be used in a bona fide operation of an autocab business, with the consent of the Manager upon the recommendation of the Commission upon the filing of an application as provided in Section 34:2-7 of these Revised General Ordinances and upon payment of a transfer fee of $250 and the $25 fee for the Certificate of Compliance.
b. 
In the case of a transfer to a corporation, a copy of the certificate of incorporation issued by the State of New Jersey and the name of its registered agent shall also be filed, provided that if a corporation wishes to transfer an autocab license to another corporation to be used in a bona fide operation of an autocab business, and not less than 75% ownership of each corporation rests with the same person or group of persons, then upon application and upon filing of a certificate of incorporation issued by the State of New Jersey and the name of its registered agent, and the consent of the Manager upon recommendation of the Commission and upon payment of an administrative fee of $50, the license shall be transferred. No transfer may be made during the month of November.
c. 
No autocab license shall be assigned, mortgaged, pledged or otherwise transferred to secure a debt, loan, advance or other financing transaction, unless such assignment, mortgage, pledge or other security arrangement is first approved by the Manager upon the recommendation of the Commission.
d. 
Approval of such transfers shall not be unreasonably withheld.
e. 
All driver's licenses are nontransferable.
[Ord. 6 S+FG, 10-2-1991 § 24:2-13; Ord. 6 S+FI, 4-1-1992]
a. 
The Manager upon the recommendation of the Commission shall promulgate reasonable rules and regulations, maintenance and safety requirements not inconsistent with this chapter, to implement this chapter and to carry out its intent and keep same on file in the Office of the City Clerk.
b. 
The Manager upon the recommendation of the Commission shall cause the promulgated rules and regulations, maintenance and safety requirements, together with this chapter to be printed and distributed to all licensees under this chapter.
c. 
No person shall operate an autocab in which a child five years of age or younger is a passenger unless the following is complied with:
1. 
A child 18 months of age or younger is in a car seat regardless of whether such child is in the front or rear seat;
2. 
A child over 18 months of age, but less than five years, is in a car seat if a front seat passenger or is in a lap and/or lap and shoulder harness seat belt if a rear seat passenger.
[Ord. 6 S+FG, 10-2-1991 § 24:2-14]
a. 
Prior to the use and operation of any autocab under the provisions of this chapter, the autocab must pass the State (DMV) inspection first, and then the autocab shall be thoroughly examined and inspected by the Division and must be found to comply fully with such reasonable rules and regulations of the Division. New autocabs may use dealer inspection stickers if the vehicle is purchased in New Jersey.
b. 
Every autocab operating under the provisions of this chapter shall be inspected not less than every six months by the Division to insure the continued maintenance of safe operating conditions and full compliance of the autocab with the requirements of this section and the rules and regulations. All autocabs shall have affixed, by the Division, on the rear right window of the autocab, a sticker showing an approved inspection.
c. 
The Division shall maintain a record of all such inspections.
d. 
No autocab shall be operated upon the streets of the City of Newark without having affixed thereto, as herein provided, a current inspection sticker of such approval.
[Ord. 6 S+FG, 10-2-1991 § 24:2-15]
a. 
Every autocab operating under this chapter shall be kept in a clean and sanitary condition in accordance with the rules and regulations promulgated by the Manager.
b. 
When an autocab shall be found to be in an unclean or unsanitary condition in violation of this section by an inspector of the Division, the driver of that autocab shall be punished by a fine of $5 for each day during or on which a violation occurs or continues.
c. 
No other sticker or poster, except the certificate of compliance and the inspection sticker provided for in Section 34:2-14 shall be affixed to the aforesaid right rear window of the autocab.
[Ord. 6 S+FG, 10-2-1991 § 24:2-16]
The inspectors of the Division shall maintain due vigilance over all autocabs to insure that they are maintained in a condition that is safe and sanitary for the transportation of passengers and to this end, they shall have the right, at any and all times, to inspect any and all licensed autocabs. The inspectors shall maintain a written record of the results of all such inspections.
[Ord. 6 S+FG, 10-2-1991 § 24:2-17]
Licenses granted under the preceding sections of this chapter may be revoked or suspended at any time by the Manager if the vehicle shall not be in a safe and sanitary condition for the transportation of passengers and kept in conformity with the terms of this chapter, or for the violation of any of the rules and regulations promulgated by the Manager.
[Ord. 6 S+FG, 10-2-1991 § 24:2-18]
a. 
It shall be unlawful and a violation of this chapter for any person to operate an autocab not licensed under this chapter in such a manner as to be misleading or tend to deceive or defraud the public into believing the vehicle is an autocab or taxicab or is being operated as an autocab or taxicab.
b. 
No autocab 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 City of Newark in such a manner as to be misleading or tend to deceive or defraud the public.
c. 
If, after a license had been issued for an autocab hereunder, the color scheme, name, monogram, or insignia thereon is used by any other person, firm, or corporation operating an autocab or autocabs in the City of Newark in such manner as to be misleading or tend to deceive and defraud the public, the license for such autocab or autocabs may be revoked by the Manager or the Division after a hearing before the Commission.
[Ord. 6 S+FG, 10-2-1991 § 24:2-19; Ord. 6 PSF-A(S), 1-7-2016]
a. 
The holder of an autocab license shall require the driver to keep, and the driver of each autocab shall keep, a daily record upon which all trips shall be recorded. The daily record shall show the autocab number, license number of the driver, specific hours of duty, time and place of origin and destination of each trip and the amount of fare received for each trip. All such records shall be given to the holder of the autocab license and shall be retained for one year by the holder of the autocab license. The holder of the autocab license shall be responsible for the maintenance of daily records of all autocabs operated by him/her.
b. 
Every driver shall record in a book, maintained solely for such purpose: the time of departure from the garage of every licensed autocab; the name, address and license number of the driver thereof; the license number of the autocab and the time of the autocab's return to the principal place of business.
c. 
All records provided for in this section shall be open to inspection by representatives of the Division of Police and the Department of Public Safety.
[Ord. 6 S+FG, 10-2-1991 § 24:2-20]
When an autocab owner or operator first becomes licensed as an autocab in the City of Newark, his or her autocab shall not be more than 42 months of age. Any autocab licensed under this chapter shall be removed from service as an autocab when such vehicle shall have attained the age of seven years. However, those autocabs licensed prior to the effective date of this chapter shall be grandfathered in and not subject to the requirements of this section until or unless the autocab or vehicle is changed or exchanged for another.
[Ord. 6 S+FG, 10-2-1991 § 24:2-21; Ord. 6 PSF-A(S), 1-7-2016]
The Division of Police is authorized and instructed to observe the operations of the holders of autocab licenses and driver's 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 summonses, to this end.
[Ord. 6 S+FG, 10-2-1991 § 24:2-22; Ord. 6 PSF-A(S), 1-7-2016]
Any and all complaints and all reports from the Division of Police received by the Manager shall be forwarded to the Commission.
[Ord. 6 S+FG, 10-2-1991 § 24:2-23]
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 34:2-24, the licensee shall be given written notice of the charge against him/her and shall be given the opportunity for a hearing before the 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 Commission concerning the charge made against the licensee. Upon consideration of the recommendation of the Manager, the 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 34:2-24 after a consideration of the charge and the record of the licensee. Any decision of the 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 autocab license and/or driver's license under this section if the insurance requirements of 34:2-5 or the inspection requirements under 34:2-14 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 Commission after receiving notice thereof.
c. 
Nothing in this section shall be deemed to preclude the removal of an autocab from service if it is found to be unsafe or unsanitary in violation of the provisions of this chapter.
[Ord. 6 S+FG, 10-2-1991 § 24:2-24; Ord. 6 S+Fi, 4-1-1992]
a. 
All autocab licenses and driver's licenses issued under this chapter, after a hearing before the Commission, may be revoked or suspended or a monetary penalty imposed, not to exceed $250 for the first offense; $500 for the second offense; and $1,000 for the third or subsequent offenses by the Manager, after review of the recommendations of the Commission if the holder or driver:
1. 
Violated any of the provisions of this chapter;
2. 
Discontinued operations for more than 180 consecutive 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. 
Has been found guilty of a high misdemeanor within the licensed year;
5. 
Knowingly permitted the licensed autocab to be used for any illegal purpose;
6. 
Violated any rule or regulation promulgated pursuant to this chapter.
b. 
Penalties imposed under this section for any violations of paragraph a above may be imposed on the holder of the autocab license, the autocab drivers, or both, except for violations of Section 34:2-5.
c. 
The holder of an autocab license shall receive a mandatory monetary penalty of $1,000. In addition to suspension or revocation of the license for violations of Section 34:2-5 (Insurance Required).
d. 
Any autocab 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 autocab license.