[HISTORY: Adopted by the Township Council
of the Township of Galloway 8-21-1984 by Ord. No. 769. Amendments
noted where applicable.]
[Amended 11-28-1989 by Ord. No. 977]
As used in this article, the following terms
shall have the meaning indicated:
Any person who drives a taxicab within this Township.
Of a taxicab shall consist of transporting in such taxicab
at least one but not more than nine persons, exclusive of the driver,
for hire on any of the streets in this Township, accepting a passenger
to be transported for hire within this Township or from a point within
the Township to a point outside of the Township limits. The operation
of a taxicab as above described by one other than the owner shall
be deemed operation by the owner thereof as well as by the person
actually driving the same. The transportation of any person other
than the owner or driver in a taxicab as hereinafter defined shall
be prima facie evidence of operation.
Any person in whose name title to any taxicab is registered
with the New Jersey Division of Motor Vehicles or who appears in such
record to be the conditional vendee or licensee thereof.
Any person who has filed a leasing disclosure statement and
filed the necessary papers to lease a taxicab.
[Added 2-13-1996 by Ord. No. 1229]
Any person 62 years of age or older.
Includes any street, avenue, park, parkway, local, country,
state or federal highway or other public roadway located within the
Township, whether or not the same is an improved road.
Any automobile or motor car capable of carrying up to nine
passengers, exclusive of the driver, and which may commonly be referred
to as a taxi, cab, van or hack, duly licensed by the Township and
engaged in the business of carrying passengers for hire, which is
held out, announced or advertised to operate or run or which is operated
and run over any of the streets within the Township of Galloway and
which accepts passengers for transportation from points and places
within the Township to points and places within or without the same
Township; provided, however, that nothing herein contained shall include
autobuses or buses on designated routes, public deliveries or jitneys
or such public conveyances as are by law exclusively subject to state
and/or federal regulation.
The Township of Galloway, Atlantic County, New Jersey.
[Amended 2-13-1996 by Ord. No. 1229]
There are hereby established three classes of
taxicab licenses to be known as "taxicab owner's license," "taxicab
driver's license," and "taxicab renter's license."
A.
Taxicab owner's license. A taxicab owner's license
shall entitle a taxicab therein described to pick up passengers within
the Township and to otherwise be lawfully operated anywhere within
this Township by a driver duly licensed hereunder and by the New Jersey
Division of Motor Vehicles until either of said licenses either expire
or are surrendered, suspended or revoked and shall not be transferable.
B.
Taxicab driver's license. A taxicab driver's license
shall entitle the person named therein to operate within this Township
any taxicab duly licensed hereunder and by the New Jersey Division
of Motor Vehicles until either of said licenses either expires or
is surrendered, suspended or revoked and shall not be transferable.
There shall be no limit to the number of taxicab driver's licenses
issued.
C.
Taxicab renter's license. A taxicab renter's license
shall entitle the person named therein to rent and/or lease and operate
one taxicab within this Township. The taxicab shall be duly licensed
by the owner with the Township and by the New Jersey Division of Motor
Vehicles, until either of the licenses expires or is surrendered,
suspended or revoked. The taxicab renter's license shall not be transferable.
A.
All applications for taxicab owner's licenses shall
be written in duplicate and shall contain the full name and address
of the owner, the serial number, type, color, year and make of the
taxicab, the state registration number, number of doors on said vehicle
and number of persons the vehicle can carry as passengers. All applications
shall be filed with the Township Clerk who shall, prior to the issuance
of said license, receive proof from the applicant that the applicant
is at least 18 years of age. If the applicant is a corporation, such
corporation must be organized and existing under the laws of the State
of New Jersey and must present proof thereof or, if organized and
existing under the laws of another state, be officially able to do
business in the State of New Jersey and must supply the name and address
of the New Jersey registered agent for said corporation.
B.
Each applicant for a taxicab driver's license or renter's
license shall, in addition to the requirements of any law of the State
of New Jersey, establish to the satisfaction of the Township Council
or its designee that such applicant has been regularly licensed by
the Division of Motor Vehicles of New Jersey, that the applicant is
at least 18 years of age. Each applicant for a taxicab driver's license
shall submit a certificate from a licensed physician of the State
of New Jersey at the applicant's expense certifying that the applicant
has been examined within the preceding 30 days and that the applicant
has no infirmity of body or mind, or visual impairment or deficiency
which might render the applicant unfit for the safe operation of a
taxicab; said physician's certificate shall be presented at the time
of the initial application and at the time of alternate renewals thereafter;
each applicant must furnish with the application three recent photographs
of the applicant being not less than 1 1/4 inches in height by
one inch in length. One photograph is to be filed with each application,
and one is to be attached to an identification card which is to be
displayed in the interior of the taxicab driven by the applicant.
No person shall drive any taxicab in the Township until the license
to drive the same, herein provided for, is issued to such driver.
Any change of residence of the holder of said license shall be reported
to the Township Clerk within five business days of the date of the
change. All applications shall be filed with the Township Clerk who
shall submit the said applications, upon the completion of the investigation,
to the Township Council.
[Amended 2-13-1996 by Ord. No. 1229]
[Amended 2-13-1996 by Ord. No. 1229; 2-28-2006 by Ord. No. 1645]
A.
Each applicant for a taxicab driver's license, taxicab
owner's license, or taxicab renter's license will be required to pay
the state agencies whatever sum of money charged by the State of New
Jersey to process a name check for any criminal record and Division
of Motor Vehicles to process a certified driver history abstract.
Both reports must contain the previous five years from the date of
application with the Township of Galloway.
B.
No application for taxicab driver's license or taxicab
owner's license shall be approved until such time as the applicant
has executed a form of consent and release so as to permit the Galloway
Police Department to conduct such investigation as may be required
in order to determine that the applicant substantially complies with
the meaning, intent and purpose of this article.
[1]
Editor's Note: Former § 301-5, Temporary
permit for taxicab or limousine owner and driver, added 2-13-1996
by Ord. No. 1229, was repealed 2-28-2006 by Ord. No. 1644.
[Added 2-13-1996 by Ord. No. 1229]
A.
A taxicab owner may lease or rent a taxicab to another
party. Prior to the renter taking possession of the taxicab, a leasing
disclosure statement, signed by both parties, must be filed, in person,
by the taxicab owner with the Township Clerk, indicating:
(1)
The date of execution of the lease;
(2)
The names and addresses of the owner and renter and
their respective social security or federal identification numbers;
(3)
The owner's Galloway Township license number and the
license plate number of the taxicab to be rented;
(4)
The term of the lease which shall not exceed one year
in duration;
(5)
The name and address of the renter's insurance carrier,
the policy number and expiration date thereof together with a copy
of the cover sheet of said policy which specifically covers Galloway
Township as an additional first party insured and which shall otherwise
contain a hold harmless agreement from the carrier on behalf of the
renter for the benefit of Galloway Township.
B.
Regardless of the term of the lease, the owner is
responsible for complying with all national, state, county and municipal
laws, rules and regulations governing taxicab owners.
C.
If a lease or its renewal is terminated for any reason,
the taxicab owner shall notify the Township Clerk in writing within
48 hours of such termination.
D.
A taxicab owner shall not authorize or permit a renter
of the taxicab to sublease the taxicab to another party. Renters are
specifically prohibited from subleasing the taxicab leased from an
owner, and taxicab renters are required to be an operator of the taxicab
which they lease or rent.
E.
With respect to a leased cab, there shall be more
than two drivers of said cab which may either be the owner and one
renter or two renters in which case the owner shall not be permitted
to be a driver of that cab.
F.
A renter may only be a renter to one owner and shall
not, therefore, at any time for any reason operate any other taxicab
other than the one he/she leases.
[Amended 5-11-1993 by Ord. No. 1121; 1-25-1994 by Ord. No. 1151; 2-13-1996 by Ord. No. 1229]
A.
Each applicant for a taxicab owner's license or taxicab
renter's license shall be accompanied by a policy of insurance, with
the premium prepaid thereon, written by an insurance company duly
licensed to transact business under the insurance laws of the State
of New Jersey, which shall be submitted to the Township Clerk and
to the Township Solicitor for approval as to form and sufficiency.
A certificate of insurance must be submitted to the Township Clerk
prior to a license being approved.
B.
Such policy shall be conditioned for payment of a
sum required to satisfy all claims for damage by reason of bodily
injury to or the death of all persons or property damage as follows:
(1)
Up to six-passenger vehicle: not less than $300,000
combined single limit.
C.
Such policy shall provide coverage for every driver
of each vehicle listed in the policy, and the acceptance of said policy
by the Township of Galloway and the issuance of the license by the
Township shall constitute an agreement by and between the applicant
and the Township that applicant holds and saves harmless the Township
from any and all claims from damages arising out of personal injury
and/or property damage made by third parties as the result of the
issuance of said license and the operation of a taxicab. In the event
that such policy is canceled for any reason, a notice of such action
must be delivered to the Galloway Township Clerk 20 days prior to
the effective date of cancellation by the insurance company providing
coverage to the taxi operator.
[Amended 2-13-1996 by Ord. No. 1229]
No taxicab owner's, renter's or driver's license
shall be issued until the applicant therefor shall have delivered
to the Township Clerk, concurrently with the filing of the application
and insurance policy referred to herein, a power of attorney executed
by said applicant wherein and whereby the applicant shall appoint
the Township Clerk for the Township as his or her, its true and lawful
attorney for the purpose of acknowledging service of any process out
of court of competent jurisdiction to be served against the insured
by virtue of the indemnity granted under the insurance policy filed.
A.
The Township Council or its designee may, in its discretion,
refuse to issue or renew or may, after notice and hearing, revoke
or suspend any license issued under the provisions of this article
if the applicant has been convicted of any crime, disorderly persons
offense or petty disorderly in this state or in any other state or
territory, or has been convicted of a violation under Title 39, Motor
Vehicles and Traffic Regulations, of the Revised Statutes of New Jersey
or who violates any provision of this article or has any judgment
unsatisfied of record arising out of an automobile accident or who
has made false answers in the application for such license or any
renewal thereof or who has failed or fails to render reasonably prompt,
safe and adequate taxi services or who has not complied fully with
all requirements of this article for such class of licensure, or if
the licensee or applicant has in any degree contributed to any injury
to person or damage to property arising out of negligent operation
of a motor vehicle or as to any taxicab owner's license if the motor
vehicle licensed or to be licensed by reason of unsafe or unsanitary
conditions is dangerous to the safety or health of the occupants,
and others, or if the policy of insurance required herein has once
lapsed or such coverage is not maintained at all times, or a taxicab,
at any time, carries more passengers than the same is authorized to
carry by the terms of this article.
B.
Any taxicab owner's or driver's license which remains
unused for a period of at least one year shall automatically revert
to the Township and shall be deemed null and void.
C.
No taxicab owner's license or driver's license shall
be issued to, or renewed for, any taxi owner or taxi driver unless
and until proof shall have been given to the Township Clerk that the
owner and/or driver has adequately provided for the safety of children
under the age of five years who are passengers in the taxicab or cabs
owned and/or operated by them. In the case of a taxi owner who owns
more than one taxi, such proof shall consist of a written policy and
posted notice at the base of operation and in all taxicabs owned by
him, conspicuous to drivers, setting forth that, prior to the operation
of the taxicab, children 18 months of age or younger, who are passengers
in a taxicab, 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 the taxicab or in a lap and/or lap and shoulder harness seat belt,
if riding in the rear seat of the taxicab. The owner of more than
one taxicab must, at all times, keep and maintain in his vehicles
or at the base of operation a total number of federally approved car
seats equal to 25% of the number of licensed taxicabs owned by him,
which shall at all times be available for use by drivers of the cabs
owned by said taxicab owner. In the case of an owner of a single taxicab,
such proof shall consist of proof that the owner keeps and maintains
a federally approved car seat in the passenger compartment or trunk
of the licensed vehicle at all times, for use in accordance with this
provision.
[Added 5-26-1992 by Ord. No. 1081]
A.
No taxicab shall be operated in the Township unless
and until there is predominantly displayed in the interior thereof,
within full view and access of any passengers therein and on the exterior
of the vehicle, a complete list of fares, charges or tariff rates
so displayed which shall be those to be charged to any passengers
so transported, and no other fares, charges or tariff rates will be
utilized. A schedule of said fares, rates and tariffs, prior to use,
shall be filed in an acceptable form with the Township Clerk. No rate
change shall take effect unless and until the same shall have been
filed with the Township Clerk at least 10 days prior to the proposed
effective date of the change.
B.
No taxicab shall at any time carry more than five
passengers unless otherwise designated on the taxicab owner's license.
Every driver of such taxicab shall have the right to demand payment
of legal fare in advance and may refuse employment unless so prepaid;
but no driver of such vehicle shall otherwise refuse or neglect to
convey any orderly person or persons upon request anywhere in the
Township unless previously engaged or unable to do so. No driver of
any such taxicab shall carry any other person than the first passenger
employing him, without the consent of the first passenger.
C.
Every holder of an owner's license shall require the
driver of the taxicab to keep a daily record identified by the cab
number of the taxicab used and the license number of the taxicab driver,
which record shall include the time and place when and where a passenger
was accepted as well as the time and place of discharge. These records
shall be kept for at least one year and shall be open, at all times,
for inspection by any duly authorized law enforcement officer.
D.
Senior citizens who are residents of the Township
of Galloway shall receive a 20% discount from any posted taxicab fare,
and said reduced rate shall be prominently posted on the interior
of the taxicab.
E.
All taxicabs so licensed in Galloway Township are
required to have installed therein a standard taxicab meter attached
to the odometer. This meter shall prominently display the fare to
the passenger and shall be calibrated annually under the auspices
of the Township prior to the issuance of any renewal license. The
Township shall choose the appropriate form of calibration, and all
taxicab meters shall be sealed by the Township.
A.
There shall be affixed in every taxicab, in such manner
that the same can be conveniently read by any person in the taxicab,
a card at least three inches in height by at least five inches in
length, containing the name of the owner, the license number of the
vehicle, the year of issuance and the number of passengers that can
be lawfully transported in such taxicab. A card shall also contain
a photograph of the taxicab driver with the name of the driver and
his license number.
B.
Every taxicab so licensed shall have painted on the
outside of the taxicab, on both sides thereof, the word "Taxi," "Cab,"
"Hack," "taxicab" or "van" in letters at least four inches in height
as well as the name under which the owner is operating the said vehicle;
or, in the alternative, shall have on top of each taxicab a sign at
least 12 inches in width by six inches in height made of plastic on
which there shall be the word "taxi" and the name of the company in
black letters. The sign shall be illuminated by a white bulb when
the taxicab is in service.
C.
Every taxicab so licensed shall have a decal or other
form of identification placed on the exterior thereof in a format
location and in a size to be prescribed by the Township which clearly
identifies that the vehicle is duly licensed by Galloway Township.
A.
Drivers of taxicabs shall not receive or discharge
passengers in the roadways, but shall pull up to the right-hand sidewalk
as near 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 received or discharged
on either the right- or left-hand sidewalk or side of the roadway
in the absence of a sidewalk.
B.
Every person operating a taxicab, whether an owner
and/or driver, who is transporting a child under five years on roadways,
streets or highways of this Township, shall be responsible for the
protection of the child by properly using a child passenger restraint
system that complies with federal vehicle safety standards. No driver
shall operate a taxicab in which a child five years of age or younger
is a passenger unless:
[Added 5-26-1992 by Ord. No. 1081]
(1)
A child 18 months of age or younger is in a car seat
regardless of whether such child is in 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 belt or
lap belt and shoulder harness, if a rear seat passenger.
The owner and operator of each taxicab operating
in the Township shall keep the taxicab in good running order so that
it makes a presentable appearance and affords comfortable and safe
rides to passengers and remains free from mechanical defects or other
defects which would affect the safety of the passengers. The owner
of each taxicab shall have each taxicab presented to the Chief of
Police or other designated police officer prior to issuance or renewal
of the taxicab owner's license and thereafter upon the request of
the Chief of Police or other police officer so that it may be inspected
to determine whether it complies with the provisions of this article.
No owner or driver of any taxicab shall induce
any person to employ him by knowingly misinforming or misleading any
such person as to time and place of the arrival or departure of any
airplane or other regularly scheduled mode of transportation or as
to the location of any hotel, motel, public place or private residence
within this Township, nor shall any such owner or driver deceive any
person or make false representations to any person or convey any passenger
to any other place or over any street other than that to which the
passenger may have instructed the driver to go. Every owner and driver
shall be responsible to see to it that all passengers are carried
in a safe and responsible manner and by using a reasonable and direct
route from point of origin to point of destination. No taxicab shall,
at any time, carry more passengers than the vehicle is designed or
licensed for, but in no event shall any one taxicab carry more than
nine passengers.
[Amended 2-13-1996 by Ord. No. 1229]
A.
The annual taxicab owner's license shall be $75 per
taxicab. The license shall be effective for a period from January
1 to December 31 of each year.
B.
There shall be a transfer fee of $15 for the issuance
of a taxicab owner's license for a vehicle replacing that originally
licensed. This fee shall be for the administrative cost involved in
processing the vehicle.
C.
The annual taxicab driver's license shall be $75 per
year. The license shall be effective for the period from January 1
to December 31 of each year. All licenses are nontransferable.
D.
The annual taxicab renter's license shall be $75 per
year. The license shall be effective for a period from January 1 to
December 31 of each year. All licenses are nontransferable.
A.
Every operator of a taxicab immediately after the
discharge of a passenger must search the taxicab for any property
lost or left therein, and any such property found unless sooner delivered
to the owner, must be reported, in writing by the operator or owner,
of the taxicab to the Township Clerk with the particulars and description
of the property within 12 hours after the finding thereof.
B.
Official notice will be taken of any misconduct, deceit,
fraud, subterfuge or actions of the driver which are against the best
interest of the public, even though not specifically mentioned in
the rules. Any violation of these rules may result in suspension or
revocation of license.
C.
Holders of taxicab owner's and/or driver's licenses prior to the effective date of this subsection shall have 30 days from the effective date hereof to comply with the requirements set forth herein before any penalty may be imposed for violations hereof. The license of any taxicab owner or driver who does not comply with the requirements of this section as set forth herein shall be subject to the penalties provided for in § 301-20. The requirements of this section shall be strictly applied to any applicant for licensure or renewal of any license after the effective date and grace period provided for by this section.
[Added 5-26-1992 by Ord. No. 1081]
The number of taxicab owner's licenses that
may be issued in any one year shall be limited to one such license
per 1,000 Township residents as estimated in the most recent official
state population estimates. Based upon that estimate, the number of
licenses permitted to be issued as of the date of the adoption of
this article shall be 21. There shall be no limit to the number of
taxicab driver's licenses issued.
A taxicab owner's license which is not operational
for a period of 12 consecutive months shall automatically revert to
the Township without notice or hearing and may thereafter be issued
by the Township to any qualified person.
[Amended 2-25-2003 by Ord. No. 1525]
In the event that a taxicab is being operated by a party who does not have a taxicab driver's license, as defined in this article, both the driver and the owner of the taxicab shall be subject to the penalty provisions as set forth in § 301-20 of this article.
[Amended 5-26-1992 by Ord. No. 1081; 6-28-2005 by Ord. No. 1609; 12-13-2016 by Ord. No. 1951-2016]
Every person or persons, firm or corporation found guilty in a municipal court of competent jurisdiction of violating any of the provisions of Chapter 301 shall be subject to a fine of not more than $2,000, imprisonment for not more than 90 days and/or a period of community service for not more than 90 days and/or suspension of an owner's and/or driver's license for a period not to exceed 60 days and/or a recommendation of a revocation of an owner's and/or driver's license to the Municipal Council. Each succeeding day of a violation shall be construed as a new violation.
Nothing in this article shall be construed to
exempt any person, firm or corporation owning or operating a taxicab
from complying with the laws relating to the ownership, regulation
and operation of automobiles in the State of New Jersey.
[Added 10-1-1985 by Ord. No. 811; amended 4-26-1988 by Ord. No. 907; 5-11-1993 by Ord. No. 1121; 1-25-1994 by Ord. No. 1151; 2-12-2002 by Ord. No. 1495]
As used in this article, the following terms
shall have the meanings indicated:
A limousine.
Any person who drives a limousine within this township.
A motor vehicle used in the business of carrying passengers
for hire to provide prearranged passenger transportation at a premium
fare on a dedicated, nonscheduled, charter basis that is not conducted
on a regular route and with a seating capacity in no event of more
than 14 passengers, not including the driver, provided that such a
vehicle shall not have a seating capacity in excess of four passengers,
not including the driver, beyond the maximum passenger seating capacity
of the vehicle, not including the driver, at the time of manufacture.
Nothing in this definition shall be construed to include taxicab,
hotel buses or buses regulated by the New Jersey Department of Transportation.
Includes the business of carrying passengers for hire by
limousine.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
Includes any street, avenue, park, parkway, highway, boulevard
or other public place.
The Township of Galloway, Atlantic County, New Jersey.
There are hereby established two classes of
limousine licenses, to be known as "limousine owner's license" and
"limousine driver's license."
A.
Limousine owner's license. A limousine owner's license
shall entitle the limousine therein described to be operated anywhere
within this Township by a driver duly licensed hereunder, until such
license either expires or is surrendered, suspended or revoked, and
shall not be transferable. There shall be no limit to the number of
limousine owner's licenses issued.
B.
Limousine driver's license. A limousine driver's license
shall entitle the person named therein to operate within this Township
any limousine duly licensed hereunder, until the license either expires
or is surrendered, suspended or revoked, and shall not be transferable.
There shall be no limit to the number of limousine driver's licenses
issued.
A.
No person shall hire out, keep or use for hire or
pay, or to be kept or used for hire or pay, any limousine within the
Township without first having obtained an owner's license for that
purpose, as provided by this article.
B.
No license required by this section shall be issued
or renewed unless the limousine sought to be licensed has been thoroughly
and carefully inspected by the Galloway Township Police Department
and a certificate issued that the same is found to be in a safe and
comfortable condition for the transportation of passengers, of good
appearance and well painted.
A.
Each applicant for a limousine owner's and/or limousine
driver's license shall be required to pay to the Township, with the
application, whatever sum of money is charged by the State of New
Jersey to process a name check for any criminal record and Division
of Motor Vehicles to process a certified driver history abstract.
Both reports must contain the previous five years from the date of
application with the Township of Galloway. No application for a limousine
owner's and/or limousine driver's license shall be approved until
such time as the applicant has executed a form of consent and release
so as to permit the Galloway Police Department to conduct such investigation
as may be required in order to determine that the applicant substantially
complies with the meaning, intent and purpose of this article.
[Amended 2-28-2006 by Ord. No. 1645]
B.
Each application for a limousine owner's license shall,
in addition to the requirements of any law of the state, establish,
to the satisfaction of the Township Clerk, the following:
(1)
Application shall contain the full name and address
of the owner, the serial number, type, color, year and make of the
limousine, the state registration number, number of doors on said
vehicle and number of persons the vehicle can carry as passengers.
(2)
All applications shall be filed with the Township
Clerk who shall, prior to the issuance of said license, receive proof
from the applicant that the applicant is at least 18 years of age.
(3)
If the applicant is a corporation, such corporation
must be organized and existing under the laws of the State of New
Jersey and must present proof thereof, or if organized and existing
under the laws of another state, be officially able to do business
in the State of New Jersey and must supply the name and address of
the New Jersey registered agent for said corporation.
(4)
Applications for a limousine owner's license shall show proof of insurance of $1,500,000 as per § 301-28A(1).
C.
Each application for a limousine driver's license
shall, in addition to the requirements of any law of the state, establish,
to the satisfaction of the Township Clerk, that such applicant:
(1)
Is currently licensed by the New Jersey Department
of Motor Vehicles and maintains a valid New Jersey license.
(2)
Is at least 18 years of age.
(3)
Is a legal resident of the United States.
(4)
Submits a certificate from a licensed physician of
the State of New Jersey, at the applicant's expense, certifying that
the applicant has been examined within the preceding 30 days and that
such applicant has no infirmity of body or mind, or visual impairment
or deficiency, which might render the applicant unfit for the safe
operation of a limousine.
(5)
Submits to a traffic violations check for the preceding
five years to be conducted by the Township and that he or she has
sufficient knowledge of the Township's traffic regulations.
(6)
Submits two recent photographs, being not less than
1 1/4 inches in height by one inch in length, of the applicant, with
the application.
The Township Council or its designee may, in
its discretion, refuse to issue or renew or may, after notice and
hearing, revoke or suspend any license issued under the provisions
of this article if the applicant has been convicted of any crime,
disorderly persons offense or petty disorderly in this state or in
any other state or territory, or has been convicted of a violation
under Title 39, Motor Vehicles and Traffic Regulations, of the Revised
Statutes of New Jersey or who violates any provision of this article
or has any judgment unsatisfied of record arising out of an automobile
accident or who has made false answers in the application for such
license or any renewal thereof or who has failed or fails to render
reasonably prompt, safe and adequate limousine services or who has
not complied fully with all requirements of this article for such
class of licensure, or if the licensee or applicant has in any degree
contributed to any injury to person or damage to property arising
out of negligent operation of motor vehicle or as to any limousine
owner's license if the motor vehicle licensed or to be licensed by
reason of unsafe or unsanitary conditions is dangerous to the safety
or health of the occupants, and others, or if the policy of insurance
required herein has once lapsed or such coverage is not maintained
at all times, or a limousine, at any time carries more passengers
than the same is authorized to carry by the terms of this article.
The owner of the limousine shall execute and deliver to the Division of Motor Vehicles, concurrently with the filing of a certificate of insurance pursuant to § 301-28A(1) a power of attorney, wherein and whereby the owner shall appoint the Director of Motor Vehicles his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed.
A.
Insurance requirements.
(1)
No limousine shall be operated wholly or partly along
any street in this Township until the owner of the limousine shall
have filed with the Township Clerk, in which the owner has his/her
principal place of business within this Township, a certificate of
insurance, by a company duly licensed to transact business under the
insurance laws of this state, in the sum of $1.5 million against loss
by reason of the liability imposed by law upon every limousine for
damages on account of bodily injury or death suffered by a person
as result of an accident occurring by reason of the ownership, maintenance
or use of the limousine upon any public street.
(2)
The operation shall be permitted only so long as the
insurance policy remains in full force and effect as to the full and
collectible amount of $1.5 million. Limousine owners, or anyone on
its behalf, shall not undertake to cancel or have canceled any such
policy without giving the Township Clerk 10 days' notice of the intention
to do so. No such policy shall be filed by the Township Clerk unless
such policy shall contain a provision to the effect that the Township
Clerk shall be afforded at least 10 days' notice of the intention
of the insurance company which issued such policy to cancel same.
(3)
The insurance policy shall provide for the payment
of any final judgment recovered by any person on account of the ownership,
maintenance and use of such limousine upon any public street or any
fault in respect thereto and shall be for the benefit of every person
suffering loss, damage or injury as aforesaid.
B.
Every person operating a limousine, whether an owner
and/or driver, who is transporting a child under five years on roadways,
streets or highways of this Township, shall be responsible for the
protection of the child by properly using a child passenger restraint
system that complies with federal vehicle safety standards. No driver
shall operate a limousine in which a child five years of age or younger
is a passenger unless:
(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 belt or
lap belt and shoulder harness, if a rear seat passenger.
C.
Issuance of license of operation; drivers to be licensed.
(1)
The Township Clerk, upon the filing of the required
application and certificate of insurance, shall issue a license, in
duplicate, showing that the owner of the limousine service has complied
with the terms and provisions of this chapter.
(2)
The license shall state the name of the insurance
company, the number and date of expiration of the policy and a description
and the registration number of each limousine service insured thereunder.
The duplicate license shall be filed with the Division of Motor Vehicles
before any such vehicle is registered as a limousine service.
(3)
A limousine shall not be operated by anyone for service
within the Township unless the driver thereof has been issued a valid
limousine driver's license.
D.
Availability of license for inspection; minimum equipment
standards.
(1)
The original license shall be retained within the
limousine and shall be available for inspection by any police officer
of the state.
(2)
No limousine shall operate on the highways of this
state unless it has a license issued and the limousine is equipped,
in accordance with minimum standards established by the Director of
the Division of Motor Vehicles in the Department of Transportation,
with:
(a)
A two-way communications system, which, at a
minimum, shall provide for communication to a person outside the vehicle
for a distance of not less than 100 miles and which requirement may
be satisfied by a mobile telephone;
(b)
A removable first-aid kit and an operable fire
extinguisher, which shall be placed in an accessible place within
the vehicle;
(c)
Sideboards attached to the permanent body construction
of the vehicle if the height of the vehicle floor is 10 inches or
more above ground level.
[Amended 8-28-2007 by Ord. No. 1724]
A.
The annual limousine owner’s license shall be
$50 per limousine. The license shall be effective for a period from
January 1 to December 31 of each year.
B.
There shall be a transfer fee of $15 for the issuance
of a limousine owner’s license for a vehicle replacing that
originally licensed. This fee shall be for the administrative cost
involved in processing the vehicle.
C.
The annual limousine driver’s license shall
be $75 per year. The license shall be effective for the period from
January 1 to December 31 of each year. All licenses are nontransferable.
No lettering, emblem or advertising may be placed
on a licensed limousine.
Subject to regulations to be promulgated by
the Township Clerk, a limousine license sticker shall be placed on
the left rear bumper of every licensed limousine.
Limousine drivers shall not knowingly solicit
business in a manner similar to that of a taxicab or attempt to solicit
business by knowingly misleading a prospective passenger.
Nothing in this article shall exempt any person
owning or operating a limousine from complying with the laws relating
to the ownership, regulation and operation of limousines in the State
of New Jersey.
A person who shall own and operate a limousine
in any street in this state in violation of the provisions of this
article shall be subject to the following penalties:
A.
For operating a limousine without a license issued
by a municipality, operating a limousine without authority to operate
a limousine in interstate service granted by the Federal Highway Administration,
or the Interstate Commerce Commission, knowingly permitting a driver
to operate a limousine without a validly issued driver's license or
a validly issued commercial driver's license, if required, failure
to have filed an insurance policy, operating a limousine in which
the number of passengers exceeds the maximum: a fine of $2,500 for
the first offense and a fine of $5,000 for the second or subsequent
offense;
B.
For operating a limousine without the special registration
plates required or operating a limousine without the limousine being
properly inspected: a fine of $1,250 for the first offense and a fine
of $2,500 for the second or subsequent offense;
C.
For operating a limousine without the attached sideboards,
if required, failure to retain within the limousine appropriate proof
of insurance or failure to execute and deliver to the Director of
the Division of Motor Vehicles the power of attorney required: a fine
of $250 for the first offense and $500 for the second and subsequent
offense;
D.
For failure to be equipped with a two-way communications
system, a removable first-aid kit or an operable fire extinguisher:
a fine of $50 for the first offense and $100 for the second and subsequent
offense.
In the event that the limousine is being operated
by a party who does not have the license called for in this article,
both the driver and the owner of the limousine shall be subject to
the penalty provisions hereinabove set forth.
