[HISTORY: Adopted by the Board of Commissioners of the Town of West New York 3-18-1987 by Ord. No. 1767. Amendments noted where applicable.]
GENERAL REFERENCES
License Department — See Ch. 59.
Noise — See Ch. 266.
Taxicabs — See Ch. 367.
Vehicles and traffic — See Ch. 384.
The following words and phrases when used in this chapter have the meanings as set out herein:
HEARING
A public hearing at which the licensee shall be given an opportunity to appear personally and be represented, by his chosen counsel, and be heard and to present evidence on his behalf or otherwise answer the charges against him.
HOLDER
A person to whom a limousine or livery license has been issued.
LICENSE INSPECTOR
The Inspector of Licenses in the Department of Public Affairs.
LIMOUSINE OR LIVERY OPERATOR
Any person holding a valid, current New Jersey special driver's license to operate a motor vehicle carrying six or more passengers.
LIMOUSINE OR LIVERY VEHICLE
A vehicle which has been issued livery license plates by the State of New Jersey, is used exclusively to carry passengers for hire, does not have an established route and which is constructed and designed as to comfortably seat not more than nine passengers excluding the operator of the vehicle.
PERSONS
Any individual, a corporation or other legal entity, a partnership or any incorporated association, but does not include a child of less than six years of age.
TRANSFER
To sell, transfer or in any other manner dispose of a limousine or livery license. Where the license is in the name of a corporation or other legal entity, any change in control of the holder shall constitute a transfer of the license held in the name of said corporation or other legal entity. The Director of the Department of Public Safety shall determine what constitutes a change in control.
A. 
In order to ensure the safety of the public, it shall be unlawful for the holder to operate or cause to permit a limousine or livery vehicle to be operated, nor shall any license be issued hereunder, until and unless the applicant shall have complied with the provisions of N.J.S.A. 48:16-13 to 48:16-27 and the acts amendatory thereof or supplemental thereto, which require an insurance policy of a company duly licensed to transact business under the insurance laws of the state conditional for the payment of a sum of a minimum of $50,000 or such additional minimum amount as may be specified in New Jersey statutes to satisfy all claims and damages by reason of bodily injury to or the death of any one person resulting from an accident by reason of the ownership, operation, maintenance or use of such limousine or livery upon any public street. The owner shall furnish the License Inspector with evidence that the aforesaid provision has been complied with and that the premium for the full period of the licensing year has been paid. Each policy shall contain an endorsement providing for 30 days' written notice from the insurance company to the Town of West New York in the event of any change in the policy or cancellation of the policy. Each limousine or livery license shall become effective and operation thereunder shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amounts as aforesaid.
B. 
Each insurance policy shall provide for payment of any final judgment recovered by any person on account of the ownership, maintenance or use of the limousine or livery vehicle or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
C. 
If an owner operates more than one limousine or livery vehicle, he may file with the Licensing Officer a blanket insurance policy of a company licensed to transact business under the laws of New Jersey in the minimum sum of $50,000, which shall be blanket insurance covering all limousine or livery vehicles operated by such owner and which shall provide for the payment of any financial judgment recovered by any person on account of the ownership, maintenance and use of any such limousine or livery vehicles or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
In addition to the insurance requirements as aforesaid, the owner of every limousine or livery vehicle shall execute and deliver to the Licensing Officer, concurrent with the filing of the insurance policy referred to in § 237-2, a power of attorney wherein the owner shall appoint the Town Clerk of the Town of West New York as his true and lawful attorney for the purpose of acknowledging service of process from a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed.
A. 
No person shall operate or permit a limousine or livery vehicle owned or controlled by him to be operated as a vehicle for hire upon the streets of the Town of West New York without having first obtained a limousine or livery license from the State of New Jersey and a limousine or livery license from the License Inspector of the Town of West New York.
B. 
No license shall be issued or renewed unless the holder thereof has paid an annual license fee of $350 for each limousine or livery vehicle to be operated under that license. Said license shall be for the year ending on December 31 and shall be in addition to any other fee or charges established by proper authorities and applicable to said holder for the vehicle or vehicles under his operation and control.
[Amended 6-15-1994 by Ord. No. 47/94; 6-16-2010 by Ord. No. 13/10]
A. 
Each person issued a limousine or livery operator's license by the Town of West New York shall, as a condition to continued maintenance of such license, submit each of his limousine or livery vehicles for a full mechanical and vehicle inspection once each three months during the one-year period of his license pursuant to a schedule established by the Town of West New York. Such inspection shall be conducted at the town garage by town mechanics.
B. 
In the event that town inspectors report that any vehicle is in need of repair, the licensee shall repair the same within 30 days of the inspection and shall resubmit the vehicle for inspection, plus submit a written report or invoice specifying the services performed and parts furnished to correct the condition noted in the prior inspection report. The term "in need of repair" shall include but is not limited to the following:
(1) 
That the glass (windows and/or windshield) is cracked, chipped or scratched or that the glass in the mirrors is cracked.
(2) 
That the horn does not function properly so as to produce a sound audible for 200 feet.
(3) 
That the emergency brake does not hold the vehicle when parked on a grade.
(4) 
That the foot brake does not hold the vehicle when parked on a grade and that it does not have sufficient reserve pedal.
(5) 
That the headlights, taillights, stoplights and directional lights do not turn on and off when operated by the controls in the vehicle or are otherwise broken or defective.
(6) 
That the windshield wipers do not rotate back and forth with sufficient pressure when turned on and do not stop when turned off by the controls in the vehicle.
(7) 
That the tires have damage, ply separation, breaks or cuts and do not have at least 2/32 inch of tire tread.
(8) 
That a defroster does not function properly so as to produce a temperature in excess of 50° F.
(9) 
That any door for entering into or out of the vehicle is damaged to the extent that it does not fully swing for convenient passenger ingress or egress.
A. 
Applications for a license shall be filed with the License Inspector upon forms provided by the Town of West New York, and said application shall be verified under oath and shall furnish the following information:
(1) 
The name and address of the applicant, where the applicant is not a natural person, the name and address of all owners or participants in the ownership of the legal entity and all officers, directors or others of like position, whatever be their title.
(2) 
The year, type and model of the vehicle for which the license is desired.
(3) 
The number of persons the vehicle is capable of carrying.
(4) 
Such further information as the License Inspector of the Town of West New York may require.
B. 
The annual application for renewal of limousine or livery licenses shall be filed not later than 30 days prior to the expiration date.
If the Director of the Department of Public Safety finds that the applicant is fit, willing and able to perform such public transportation and in accordance with the provisions of this chapter and the rules promulgated by the Director of the Department of Public Safety, then the Director of the Department of Public Safety shall order the Clerk of the municipality to issue a license stating the name and address of the applicant, the date of issuance and the year, type and model of the vehicle; otherwise, the application shall be denied. In making the above findings, the Director of the Department of Public Safety shall take into consideration the character, experience and responsibility of the applicant.
[Amended 6-15-1994 by Ord. No. 47/94]
No limousine or livery license may be sold, assigned or otherwise transferred without the consent of the Director of the Department of Public Safety and payment of a fifteen-dollar transfer fee. No limousine or livery license shall be assigned, mortgaged, pledged or otherwise transferred to secure a debt, loan, advance or other financing transaction.
A. 
Licenses issued under the provisions of this chapter may be suspended or, after hearing, revoked by the Director of the Department of Public Safety if the holder hereof had:
(1) 
Violated any of the provisions of this chapter.
(2) 
Violated any ordinance of the Town of West New York or the laws of New Jersey, the violation of which reflects unfavorably on the fitness of the holder to offer public transportation.
B. 
Prior to revocation, the holder shall be given written notice of the proposed action to be taken and the charges against him and shall be given a hearing. Notwithstanding the use of the words "suspend or, after hearing, revoke" in this chapter, the Director of the Department of Public Safety may suspend and, after hearing, revoke such licenses.
A. 
No person shall operate a limousine or livery for hire upon the streets of the Town of West New York and no person who owns or controls a limousine or livery shall permit it to be so driven and no limousine or livery licensed by the Town of West New York shall be so driven at any time for hire, unless the driver of said limousine or livery shall have first obtained and shall have then in force the limousine or livery operator's license under the provisions of this chapter and provided, further, that said driver shall be a holder or servant, employee or agent of such holder.
B. 
Every person applying for a license to drive a limousine or livery vehicle must furnish satisfactory evidence that he has received a limousine or livery license under the New Jersey State Motor Vehicle Law.
C. 
Each applicant for a limousine or livery license under the terms of this chapter must conform to the following regulations:
(1) 
Be of the age of 21 years or over and be a resident of the State of New Jersey for one year or more.
(2) 
Be able to read and write the English language and be a citizen of the United States.
A. 
An application for a driver's license shall be filed with the License Inspector on forms provided by the Town of West New York. The application shall contain the following:
(1) 
The full name and address of the applicant.
(2) 
Places of residence for the preceding five years.
(3) 
Age, height and color of eyes and hair.
(4) 
Place of birth and whether married or single.
(5) 
Previous employment and whether he has ever been convicted of a high misdemeanor, misdemeanor, violation of the Disorderly Persons Act or a violation of this chapter.
(6) 
Whether a driver's license, issued by any state or political subdivision thereof, ever held by him has been suspended or revoked and for what cause.
B. 
The applicant shall furnish four passport-type photographs of himself taken within 30 days of the application, front view, two inches by two inches in size.
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 and that, in his opinion, the applicant is of sound physique, with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might make him unfit for the same operation of a limousine or livery vehicle. The examination shall be within 30 days prior to the filing of the application. At the time the application is filed, the applicant shall pay to the License Inspector the sum of $30.
[Amended 6-15-1994 by Ord. No. 47/94; 6-16-2010 by Ord. No. 13/10]
The Police Department shall conduct an investigation of each applicant for a driver's license, and 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 for the consideration of the Director of the Department of Public Safety.
The Director of the Department of Public Safety, upon consideration of the application and the reports and certificate required to be attached thereto, shall approve or reject the application. If the application is rejected, the applicant may request a hearing to offer evidence why his application should be reconsidered.
A. 
Upon approval of the application for the driver's license by the Director of the Department of Public Safety, the License Inspector shall issue a license to the applicant, which shall bear the name, signature and photograph of the applicant.
B. 
Such license shall be in effect for the remainder of the fiscal year ending December 31. The fee for such license shall be $15, and the license for every year thereafter shall be issued upon the payment of $5.
[Amended 6-15-1994 by Ord. No. 47/94]
C. 
The license shall also contain the town license number and a notice that, in case of any complaint, the Department shall be notified of the license number of the driver. The license shall bear the signature of the License Inspector.
The Director of the Department of Public Safety is hereby given the authority to suspend any driver's license issued under this chapter upon justified complaint of any person, including a holder, for a driver failing or refusing to comply with the provisions of this chapter; provided, however, that such suspension shall not exceed 20 days. The Director of the Department of Public Safety is also given the authority to revoke any driver's license for failure to comply with the provisions of this chapter; provided, however, that a license may not be revoked unless the driver has received notice and a copy of the charges against him and has been given a hearing. Notwithstanding the use of the words "suspend or, after hearing, revoke" in this chapter, the Director of the Department of Public Safety may suspend and, after hearing, revoke any such license.
Every driver licensed under this chapter shall comply with all town, state and federal laws, the violation of which reflects unfavorably on the fitness of such driver to engage in public transportation; failure to do so will justify the Director of the Department of Public Safety in suspending or, after hearing, revoking the license. If, at any time within the licensed year, a driver has been found guilty of a high misdemeanor, misdemeanor or has permitted his vehicle to be used for any illegal or immoral purpose, the Director of the Department of Public Safety may immediately suspend or, after hearing, revoke the driver's license.
A. 
No license shall be issued until said limousine or livery vehicle has been thoroughly inspected and found to be in a safe condition for the transportation of passengers and of good appearance.
B. 
Every vehicle operating under this chapter shall be periodically inspected, at such intervals as the License Inspector may direct, to ensure the continued maintenance of safe operating conditions.
C. 
Every vehicle operating under this chapter shall be kept in a clean and sanitary condition in accordance with the rules and regulations promulgated by the License Inspector.
D. 
Any vehicle on the streets of the Town of West New York in violation of this section may be removed from the streets by the Police Department. If the vehicle is not returned to service in accordance with the provisions of this section within 90 days, the Director of the Department of Public Safety may suspend or, after hearing, revoke the limousine or livery license.
No holder or driver shall knowingly permit his vehicle to be used for any illegal or immoral purposes, under penalty of suspension or, after hearing, revocation of holder's or driver's license, or both, and such other penalty as may be provided.
A. 
Prohibited solicitation. No driver shall solicit patronage in a loud tone of voice or in any manner which would annoy any person or obstruct the movement of any person or follow any person for the purpose of soliciting patronage.
B. 
Receipt and discharge of passengers on a sidewalk. Drivers shall not receive or discharge passengers in the roadway but shall pull up to the right-hand side as nearly as possible or, in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right- or left-hand sidewalk or side of the roadway in the absence of a sidewalk.
The License Inspector shall keep a register of the name of each holder licensed under this chapter, together with the license number and the make and description of the vehicle licensed, with the date and record of inspections made of it.
Subject to the rules and regulations of the Director of the Department of Public Safety, it shall be unlawful for any limousine or livery vehicle to stand in any restricted area or any area which is controlled by parking meters or at the curb within 15 feet of the entrance to any theater, hotel, restaurant or other public place.
The driver, while engaged in the operation of a limousine or livery vehicle, shall behave himself in a gentlemanly manner, and he shall not use any indecent, profane or insulting language while engaged in such operation.
It shall be unlawful for any person owning or operating any limousine or livery vehicle in the Town of West New York, licensed under the provisions of this chapter, to permit such vehicle to be operated by any person who does not hold a valid driver's license as required by this chapter.
Every holder of a limousine or livery license shall be responsible for the operation of the vehicle for which the license has been granted regardless of the legal relationship between such holder and the driver of said vehicle.
Every driver of a limousine or livery vehicle, immediately after the termination of any hiring or employment, must carefully search such vehicle for any property lost or left therein, and any such property, unless sooner claimed or delivered to the owners, must be reported, in writing, by the driver or holder, to the License Inspector with brief particulars and a description of the property, within 24 hours after the finding thereof.
The Police Department of the Town of West New York is hereby given the authority and is instructed to watch and observe the condition of holders and drivers operating under this chapter. Upon discovering a violation of the provisions of this chapter, the Police Department shall report the same to the Director of the Department of Public Safety, who shall order or take appropriate action.
All hearings under this chapter shall be conducted by the Director of the Department of Public Safety.
The Director of the Department of Public Safety shall promulgate reasonable rules and regulations to implement this chapter and to carry out its intendments, which shall be filed with the Town Clerk of the Town of West New York. The Director of the Department of Public Safety shall cause the rules and regulations as promulgated, together with this chapter, and any amendments or additions thereto, to be printed and distributed to the holders of limousine or livery licenses and to all those who in the future shall obtain such license or licenses.
Any person found guilty of violating any of the provisions of this chapter may, in addition to the suspension or revocation of the license as heretofore provided, be punished as provided in Chapter 1, General Provisions, Article I, together with costs incident thereto.