Part 3 Taxicabs

Application for a taxicab owner's license shall be made to the Borough Clerk on forms provided by the Borough Clerk's office.

Applications shall be signed and verified by oath or affirmation by the applicant. Applications by a partnership shall give the information required for each partner and shall be signed and verified by all partners. Applications by a corporation shall give the information required for and be signed and verified by all officers and directors and all persons holding more than 10% of the corporation's common stock, as well as by a person duly authorized to act for the corporation itself.

Applications must be accompanied by proof of automobile liability insurance coverage which is in effect and issued by a company licensed and admitted to transact business in the State of New Jersey, and acceptable to the Borough, indicating limits of liability in amounts not less than the following: $50,000 per person and $100,000 per accident for bodily injury or death and $50,000 per accident for property damage. Proof of insurance must also indicate that insurance coverage applies to all owned or leased vehicles of the applicant or must specify by description all of the vehicles to which the coverage applies. Said proof of insurance must also indicate that the Borough shall receive advance written notice of at least 30 days prior to any cancellation or non-renewal thereof, except that no less than 10 days advance written notice shall be provided for non-payment of premium. 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 vehicle(s) of the applicant, or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid. The Borough of Hightstown shall be named as an additional insured on any insurance policy submitted in accordance with the requirements of this article. If the taxicab owner's application for license applies to more than one vehicle, the taxicab owner may satisfy the insurance requirements specified herein through the submission of a blanket bond or insurance policy which meets the criteria specified in N.J.S.A. 48:16-4.

Information about each taxicab vehicle to be operated under the taxicab owner's license shall be provided, including the following:

(a)

Vehicle year, make, model and color of vehicle.

(b)

Vehicle identification number.

(c)

New Jersey State license plate number.

(d)

Passenger capacity.

(e)

Insurance company, policy number and expiration date.

(f)

Name and address of vehicle owner if different than applicant.

(5)

Any person who shall make a false statement in any license application or in any record or certificate that is required to be filed or maintained shall be subject to rejection of the application submitted and/or to appropriate disciplinary sanctions, including license suspension or revocation, in addition to any penalty provided under the New Jersey Criminal Code.

Investigation; grant or denial of license. The Chief of Police or his designee shall investigate all applications. A copy of the application shall also be provided to the Zoning Officer for review and for a determination that the proposed location of the taxi operation does not violate applicable zoning regulations. A report containing the results of the police investigation and evaluation, a recommendation by the Chief of Police or his designee that the license be granted or denied, and the reasons for such recommendation shall be forwarded to the Chief of Police (i.e., in cases where the investigation is performed by the Police Chief's designee) and the Police Commissioner. A report regarding the Zoning Officer's findings shall also be provided to the Chief of Police and the Police Commissioner. The Borough Clerk shall ensure that copies of these reports are also made available to the applicant. Based upon the findings set forth in the reports, the Chief of Police shall determine whether to grant or deny the license. Said determination shall be rendered in writing and shall be provided to the applicant.

Factors considered. In determining whether to grant or deny the license, the Chief of Police shall take into consideration the following factors:

The character, business and financial responsibility and experience of the applicant and the probability that, if granted a license, the applicant will operate his taxicab(s) in accordance with the provisions of this article.

Any other factors directly related to the granting or denial of the license which would substantially affect the public safety or convenience.

Issuance of license. If the application is approved by the Chief of Police, the Police Department shall issue the license.

License term; fees.

A taxicab owner's license shall be valid for the remainder of the calendar year for which it is issued, expiring on December 31 of said year.

The license fee shall be $100 per year or portion thereof per vehicle and shall be nonrefundable in the event that the application is denied. For licenses issued in 2012, the license fee shall be pro-rated. For licenses issued in 2013 and thereafter, all applicants shall be charged the full nonrefundable license fee amount.

In those cases where the license has been denied, the applicant shall be afforded the opportunity for a hearing before the Police Commissioner. Any request for a hearing must be made within 10 days of the applicant's receipt of written notice of denial from the Chief of Police. At the hearing, the applicant shall have the right to be represented by counsel and will be afforded the opportunity to testify himself or to present witnesses in support of his position, to cross-examine opposing witnesses and, at his own expense, to have a stenographic record made of the proceedings. Following the hearing, the Police Commissioner's determination shall be final.

Renewals. A taxicab owner's license shall be renewed by the Chief of Police without a hearing upon the licensee's filing with the Chief of Police or his designee a sworn notarized statement certifying that there have been no changes in the information contained in the initial application and upon the completion of the investigation set forth in Subsection D above indicating results that are satisfactory to the Chief of Police.

Any change(s) in the information contained within the owner's license application shall be reported to the Borough Clerk within three business days thereof. A charge in the amount of $25 shall be levied for each business day after three days that any such changes are not reported to the Borough.

§ 4-21-5 Licensing of taxicab drivers.

[Ord. No. 2005-29; Ord. No. 2006-13; Ord. No. 2012-09; Ord. No. 2016-03]

Applications.

Application for a taxicab driver's license shall be made annually to the Borough Clerk upon forms provided by that office, and shall be forwarded to the Chief of Police for processing, screening and determination. Applications shall be taken in the Clerk's office only, during days and hours established by the Clerk. Except as hereinafter provided, applicants shall have the following minimum qualifications:

(a)

Applicant must be over 21 years of age.

(b)

Applicant must be a United States citizen or a legal resident alien. A copy of the alien registration card or work permit must be submitted with the application.

(c)

Applicant must possess a valid New Jersey driver's license.

(d)

Applicant must supply a certification from a licensed physician, on a form to be provided by the Borough Clerk, indicating that the applicant has been examined within the past 60 days and is in sound physical condition, has eyesight corrected to 20/20 vision and is not subject to any infirmity of body or mind which might render the applicant unfit for safe operation of a vehicle for hire.

(e)

Applicant must certify that he/she is not addicted to the use of narcotics or intoxicating liquors.

(f)

Applicant must be able to read, write and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.

(g)

Applicants must be fingerprinted by the Police Department and submit to the performance of a criminal history record background check (both state and federal). All costs associated with administering and processing the background check(s) shall paid by the applicant.

[1]

An applicant shall be disqualified from operating or driving a taxi within the Borough, and shall not be issued a taxicab driver's license, if a criminal history record background check reveals a record of conviction of any of the following crimes as having been committed by the applicant in New Jersey or elsewhere, or a record of conviction of a crime in another jurisdiction in the world which, in that jurisdiction, is comparable to any of the following crimes:

Aggravated assault;

Arson;

Burglary;

Escape;

Extortion;

Homicide;

Kidnapping

Robbery;

Aggravated sexual assault;

[j]

Sexual assault;

[k]

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; or

[l]

A crime pursuant to the provisions of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4 or 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]

The above automatic disqualification shall not apply, however, to those applicants who were convicted of any of the above crimes prior to the effective date of this article and who had previously received the consent of the Borough to operate a taxicab within the Borough and who had a valid taxicab driver's license issued and in effect by the Borough as of the effective date of P.L. 2011, c. 135.

[3]

Additionally, if a person who has been convicted of one of the crimes listed above can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside of New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, then the criminal offense shall not disqualify the applicant from operating or driving a taxicab within the Borough.

(h)

Applicant must not have been convicted, within the three years prior to the date of the application, of reckless driving, leaving the scene of an accident or driving more than 30 miles an hour above the speed limit, and applicant must not have been convicted, within the five years prior to the date of the application, of driving while intoxicated.

(i)

At the time of application, applicant must have no more than six New Jersey Motor Vehicle Commission points on his or her driving record, or the equivalent if licensed in any other state.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]

(j)

Requirements in Subsection A(1)(d) and (g) above, regarding physician's certification and fingerprinting, shall not apply to any taxicab driver who holds a valid taxicab driver's license in any other Mercer County municipality which is compliant with P.L. 2011, c. 135 and whose firm is licensed in and operating out of said municipality. Such person(s) shall be qualified to obtain a taxicab driver's license in Hightstown upon completion of the application form, payment of the required fee and submission of the following documentation:

[1]

Certification by the applicant that he or she meets all of the requirements set forth in § 4-21-5A(1) above.

[2]

If not a United States citizen, copy of alien registration card or work permit.

[3]

Current valid taxicab driver's license from any other Mercer County municipality.

[4]

Valid New Jersey driver's license.

The application shall be accompanied by a fee of $50 for the license period, subject to pro-ration in 2012 in accordance with the provisions of Subsection D below.

The application shall be accompanied by two unmounted, unretouched glossy photographs of the face of the applicant taken within 30 days preceding filing of the application. Photographs shall be 2 1/2 inches by 2 1/2 inches in size and shall be passport picture quality. New photographs shall be submitted whenever the licensee's appearance changes significantly.

§ 4-21-8 Suspension or revocation of licenses.

Investigation; grant of denial of license. The Chief of Police or his designee shall investigate the application and shall report the results to the Chief of Police (i.e., in cases where the investigation is performed by the Police Chief's designee) and the Police Commissioner within a reasonable time. The report shall include a recommendation that the license be granted or denied and the reasons therefor. The Borough Clerk shall ensure that a copy of the report is made available to the applicant. Based upon the findings set forth in the report, the Chief of Police shall determine whether to grant or deny the license.

Issuance of license; contents. Upon approval of the application by the Chief of Police, the Police Department shall immediately issue the applicant a taxicab driver's license. The license shall contain the licensee's name and address, physical description, signature and photograph.

Term of license; fees; renewal. An initial license to drive a taxicab shall be valid for the remainder of the calendar year in which it is issued, expiring on December 31 of said year. Licenses issued in 2012 shall be subject to a fee of $50 per license, which shall be prorated. Such fee shall be nonrefundable in the event that the application is denied. Licenses issued in 2013 and thereafter shall be subject to a nonrefundable nonprorated fee of $50 per license. A taxicab driver's license may be renewed annually thereafter, unless it has been revoked or suspended, upon the payment of a renewal fee of $50 per year, and processing, screening and determination of the application in accordance with all of the procedures set forth above.

Use of license. Taxicab driver's licenses are valid for use with any licensed taxi within the Borough of Hightstown.

In those cases where the Chief of Police has denied the license, the applicant shall be afforded the opportunity for a hearing before the Police Commissioner. Any request for a hearing must be made within 10 days of the applicant's receipt of written notice of denial from the Chief of Police. At the hearing, the applicant shall have the right to be represented by counsel and will be afforded the opportunity to testify himself or to present witnesses in support of his position, to cross-examine opposing witnesses and, at his own expense, to have a stenographic record made of the proceedings. Following the hearing, the Police Commissioner's determination shall be final.

Any change(s) in the information contained within the driver's license application shall be reported to the Borough Clerk within three business days thereof. A charge in the amount of $25 shall be levied for each business day after three days that any such changes are not reported to the Borough.

§ 4-21-6 Display of licenses.

[Ord. No. 2005-29; Ord. No. 2012-09]

The taxicab owner's license and driver's license (with photo) shall be displayed prominently in the interior of each cab.

The taxicab driver's license must also be conspicuously displayed on the driver's outer garment when the driver is on duty and presented for confirmation when requested by the passenger.

§ 4-21-7 License regulations.

[Ord. No. 2012-09]

Licenses issued pursuant to this article are not transferable.

A driver shall immediately surrender his or her taxicab driver's license to the Borough upon the suspension or revocation of his or her New Jersey driver's license.

[Ord. No. 2005-29; Ord. No. 2012-09; Ord. No. 2016-03]

In the case of an emergency, licenses may be temporarily suspended for not more than seven days by the Chief of Police.

In all other cases, licenses may be suspended or revoked, for cause, by the Borough Council after reasonable notice and a hearing. At said hearing, the licensee shall have the right to be represented by counsel and will be afforded the opportunity to testify himself or to present witnesses in support of his position, to cross-examine opposing witnesses and, at his own expense, to have a stenographic record made of the proceedings. At the conclusion of the hearing, the Council will determine whether to suspend the license or to permanently revoke the license. Any license so suspended or revoked shall not be re-issued except for good reasons shown.

In addition to the causes for revocation of a license set forth in § 4-1-10, any license issued under this article may be revoked or suspended by the Borough Council, or any application for the issuance or renewal of a license denied, for any of the following reasons:

Failure to render reasonable, prompt, safe and adequate taxicab service.

The existence of a judgment unsatisfied of record against the licensee or applicant in any suit arising over the operation of a motor vehicle.

Permitting any taxicab owned or driven by the licensee to become unsafe, unsanitary or dirty.

Failure to comply with all applicable laws of the State of New Jersey, the ordinances of the Borough or the rules and regulations adopted in accordance with this article.

(5)

Where taxicab vehicles are found to be used for any improper, immoral or illegal business or purpose or for the violation of any federal or state statute or for the violation of any of the provisions of this article.

(6)

Failure to maintain the proper amount of insurance on licensed taxicab vehicles pursuant to valid and effective insurance policies, as required by this article.

Drivers. If the licensee is a driver, his license may also be revoked or suspended by the Borough Council for the following reasons:

Revocation or suspension of his New Jersey motor vehicle operator's license.

Contraction by the licensee of a communicable or contagious disease.

Operating a taxicab in a reckless or grossly negligent manner or habitually operating a taxicab in a negligent manner.