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:
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.
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.
Shall mean a license issued for the vehicle by the Commission
to the owner(s) of the autocab.
Shall mean a place of business from which autocabs are dispatched.
Shall mean the Business Administrator of the City of Newark.
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.
Shall mean the Clerk of the City of Newark.
Shall mean the office of Taxicabs within the Department of
Public Safety, Division of Police of the City of Newark.
Shall mean the Corporation Counsel of the City of Newark.
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.
Shall mean a person to whom a driver's license has been
issued.
Shall mean a license issued by the Commission to persons
who meet the Commission's qualifications of a for-hire driver
of an autocab.
Shall mean a person to whom an autocab license has been issued.
Shall mean and includes the business of carrying passengers
for hire by autocabs.
Shall mean the Manager of the Office of Taxicabs.
Shall mean the Office of Taxicabs within the Department of
Public Safety, Division of Police of the City of Newark.
Shall mean and includes any individual, copartnership, association,
corporation or joint stock company, their lessee, trustees or receivers
appointed by any court whatsoever.
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:
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 § 24:2-12]
Every holder of an autocab license shall be responsible for
the operation of any autocab for which the license has been granted
regardless of the legal relationship between such holder and the driver
of the autocab.
[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.
[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.
