City of Pleasantville, NJ Taxicabs

The full name and address of the owner.

The serial number, color, year, make and model of the taxicab.

The state registration number, number of doors on said vehicle and number of persons the vehicle can carry as passengers.

The name of the insurance company, policy number and name and address of the insurance agent.

Valid NJ registration, NJ license plates and a regular NJ driver's license that is not in a provisional status.

All applications shall be filed with the City Clerk who shall, prior to the issuance of said license, receive 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.

Each applicant for a taxicab owner's license, driver's license or renter's license shall:

In addition to any law of the State of New Jersey, establish to the satisfaction of the Public Safety Committee of the City Council or its designee that such applicant is currently licensed by the Division of Motor Vehicles of New Jersey and maintains a valid license by the standards set forth:

(a)

The latest offense was of such a nature that it revealed an unreasonable disregard by the licensee for the safety and welfare of himself or others.

(b)

The number and seriousness of the offenses contained in the prior driving record of the licensee reveal a pattern or patterns of unreasonable disregard by the licensee for the safety and welfare of himself or others.

(c)

The nature and extent of the driving record of the licensee establish a substantial risk that the licensee will commit another offense.

Be at least 21 years of age.

Be a legal resident of the State of New Jersey.

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.

Submit a certified driver's license abstract from New Jersey Division of Motor Vehicles showing the driving record and traffic violation check for the preceding three years. Applicants must not carry in excess of nine points on their driver abstract and have sufficient knowledge of the city's traffic regulations.

(6)

Furnish with the application two 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.

(7)

Exhibit a working knowledge of the English language by locating places on a map of New Jersey or Atlantic County, when asked, and/or explaining, in detail, how to reach certain destinations within Atlantic County to the licensing official's satisfaction.

All applications shall be filed with the City Clerk who shall submit said applications upon the completion of the investigation to the Public Safety Committee of the City Council.

Employees of the Pleasantville Police Department and members of their family shall not own, operate, lease or have any interest in taxicab licenses in the City of Pleasantville.

[Added 4-2-2001 by Ord. No. 4-2001]

§ 265-7 Investigation of applicant.

[Amended 6-2-2008 by Ord. No. 12-2008]

Each applicant for a taxicab driver's license, taxicab owner's license or taxicab renter's license shall be required to submit to an investigation, processing a criminal background check for both state and local for any criminal record. No application for a 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 Pleasantville 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 chapter.

The following guidelines for criminal background investigation could disqualify an applicant pending the approval by the Public Safety Committee:

Conviction of a first or second degree crime.

Conviction of a third or fourth degree crime within the five years prior to licensing application date.

Conviction of an offense, Title 2C, Chapter 14 (sex offenses).

Conviction of an offense, Title 2C, Chapter 35 (controlled dangerous substance), within the five years prior to licensing application date.

Conviction of two or more disorderly persons offenses within one year prior to licensing application date.

The following guideline for motor vehicle traffic/driving record could disqualify an applicant pending the approval by the Public Safety Committee:

Two convictions of any violation of Title 39, Chapter 4, within one year prior to licensing application date.

Two reportable accidents within one year prior to licensing application date that can be determined to be the fault of the applicant.

An average 1.5 convictions of Title 39, Chapter 4, for the last three years, one of which occurred within one year prior to licensing date.

A combination of one reportable accident and one conviction of Title 39, Chapter 4, that stems from separate incidents within one year prior to licensing application date.

A conviction of operating an uninsured vehicle within one year prior to licensing application date.

(6)

A conviction of Title 39, Chapter 4-50 (DWI), within 10 years prior to licensing application date.

(7)

Any other convictions or combinations thereof contained in these guidelines (both criminal and motor vehicle) which, in the investigator's opinion, would affect the public health and safety and welfare.

§ 265-8 Leasing of taxicabs.

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 City Clerk, indicating:

The date of execution of the lease.

The names and addresses of the owner and renter and their respective social security or federal identification numbers.

The owner's Pleasantville taxi license number and the New Jersey license plate number of the taxicab to be rented.

The term of the lease which shall not exceed one year in duration.

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 Pleasantville City 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 the City of Pleasantville.

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.

If a lease or its renewal is terminated for any reason, the taxicab owner shall notify the City Clerk in writing within 48 hours of such termination.

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.

With respect to a leased cab there shall be no more than three drivers of said cab, which may either be the owner and two renters or three renters, in which case the owner shall not be permitted to be a driver of that cab.

A renter may be a renter to no more than two owners and shall not, therefore, at any time for any reason operate any other taxicab other than the one(s) he/she leases.

[Amended 4-19-1999 by Ord. No. 16-1999]

§ 265-9 Insurance.

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 City Clerk and to the City Solicitor for approval as to form and sufficiency. A certificate of insurance must be submitted to the City Clerk prior to a license being approved.

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: Up to six-passenger vehicle, not less than $100,000 combined single limit.

[Amended 7-19-2004 by Ord. No. 17-2004]

Such policy shall provide coverage for every driver of each vehicle listed in the policy and the acceptance of said policy by the City of Pleasantville, and the issuance of the license by the City shall constitute an agreement by and between the applicant and the City that the applicant holds and saves harmless the City 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 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 City of Pleasantville.

§ 265-10 Power of attorney.

No taxicab owner's, renter's or driver's license shall be issued until the applicant therefor shall have delivered to the City 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 City Clerk for the City 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.

§ 265-11 Term of license; fees.

A taxicab license shall be issued for a term of one year commencing April 1 and expiring March 31 of the following year.

The annual license fee for each taxicab owner's license is $150.

The annual license fee for each taxicab driver's license is $100.

There shall be a $15 transfer fee for the issuance of a taxicab owner's license for a vehicle replacing that originally issued. This fee shall be for the administrative cost involved in processing the vehicle.

There shall be a fee of $10 for the replacement of any license or ID.

There shall be a fee of $5 for the replacement of each door decal (emblem).

§ 265-12 Revocation of license.

The Public Safety Committee of City 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 chapter if the applicant has been convicted of any crime, disorderly persons offense or petty disorderly persons offense 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 chapter 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 chapter 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 chapter.

§ 265-13 Rates/fares.

A rate schedule shall be established for the operation of licensed taxicabs, promulgated by the Mayor and Public Safety Committee of the City Council. The rate schedule shall at all times be on file with the City Clerk. A copy of said rate schedule shall also be distributed by the City Clerk to each taxicab licensee. The rate schedule and all changes shall become effective upon approval by resolution of the City Council.

No taxicab shall be operated in the City 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 rates.

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 City 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.

Senior citizens who are residents of the City of Pleasantville shall receive a discount from any posted taxi fare, and said reduced rate shall be prominently posted on the interior of the taxicab.

§ 265-14 Rules and regulations for owners.

No sale or transfer of a taxicab license shall be transacted without approval from the Public Safety Committee. The seller and buyer of the taxicab license shall supply the City Clerk with all required information regarding the transfer.

A vehicle listed on the license may be substituted or replaced by another vehicle only after the vehicle sought to be substituted shall have been inspected and approval given by the Chief of Police and such vehicle complies with the provisions of this chapter.

An owner shall replace a taxicab when ordered by the City Clerk and/or the Chief of Police where it appears that the vehicle no longer meets the reasonable standards for safe operation. Upon failure to comply with such order, the license may be suspended by the Public Safety Committee, upon written notice of the action proposed and an opportunity to be heard by the Public Safety Committee. The license shall not be returned until said order is executed by the licensee. Notwithstanding the above, any taxicab that is 13 years old as of January 1 of the licensing year shall have until December 31 of the same calendar year before the taxicab (vehicle) is to be replaced.

[Amended 4-2-2001 by Ord. No. 4-2001; 5-21-2001 by Ord. No. 11-2001; 7-5-2006 by Ord. No. 21-2006; 1-20-2010 by Ord. No. 1-2010; 12-1-2014 by Ord. No. 27-2014]

Licenses granted under the preceding section of this chapter may be revoked or suspended at any time by the City Clerk, as hereinafter provided, subsequent to a hearing by the Mayor and Public Safety Committee if the vehicle shall not be in a safe condition for the transportation of passengers and kept in conformity to the terms of this chapter.

The owner of a taxicab license shall maintain a record of all repairs to the vehicle at all times, and all repairs, however minor, shall be recorded.

The owner of any taxicab, the use of which has been discontinued, shall surrender his/her emblem and license to the City Clerk.

A taxicab license cannot lie dormant more than six months. If said license remains dormant, it shall revert to the city. If, however, an extension is needed, a written request shall be made to the Mayor and Public Safety Committee, detailing reasons for such request. This petition must be received by the City Clerk prior to the expiration of the six months. A decision shall be rendered by the Public Safety Committee, after written notice and a hearing before said Committee. The burden will be on the owner of the license to show a reason of undue hardship.

The owner of any taxicab shall record all requests for service as received and retain a record of each such call for no less than one year. Records shall contain no less than the following:

Date and time received.

Location at which passengers(s) is to be picked up; driver to whom the call was assigned.

Destination of passengers.

An owner shall report any motor vehicle accident involving his/her taxicab to the City Clerk within 24 hours, regardless of the jurisdiction in which the accident occurred.

An owner shall not require, authorize or permit a driver to operate a taxicab for more than 12 hours in any continuous twenty-four-hour period.

An owner shall make sure that all drivers have a copy of the rules and regulations governing drivers. An owner shall not issue orders to a driver which are in conflict with these rules and regulations. Owners shall exact from drivers full compliance with the rules and regulations issued by the city. An owner shall promptly notify the City Clerk of any violation of rules by a driver and any fact, condition or occurrence of said violation.

§ 265-15 Rules and regulations for drivers and mentors.

Upon approval by the Chief of Police, the taxicab driver's license will be issued. This license shall be displayed on the visor, passenger side, continuously visible to all passengers.

There shall be issued to each licensed driver an identification card which shall be constantly and conspicuously displayed on the outside of the driver's coat or shirt when he/she is on duty. No vehicle shall be operated, except by a duly licensed person who is wearing such identification card conspicuously displayed.

No owner or operator of any taxicab shall induce any person to use said taxi by knowingly misinforming or misleading any such person, either as to the time or place of the arrival or departure of any interstate vehicle or as to the location of any hotel or public place, nor shall any owner or operator induce any person to use any route other than the route to which the passenger instructed said driver to use.

No taxicab owner or operator, or employee of either, shall divert or attempt to divert any passenger from patronizing any place of business of his/her choice to any place of business.

No taxicab owner or operator, or employee of either, shall offer or give money or other thing of value to any employee of any place of business in consideration for the soliciting or obtaining of taxicab passengers for the aforesaid taxicab owner, operator or agent or employee of either.

All taxicab drivers shall, at all times while operating their taxicabs, wear clothing that is clean and neat.

The driver of any taxicab shall, upon demand by the passenger, render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt, on which shall be the name of the owner, license number or motor number, amount of meter reading or charges and the date of the transaction.

No alcoholic beverages shall be carried in the passengers' or driver's section of the taxicab except by the passenger. The passenger shall not carry an open or unsealed can or bottle containing an alcoholic beverage upon entry into the taxicab or while riding in the taxicab.[1]

[1]

Editor's Note: See also Ch. 84, Alcoholic Beverages.

Every operator of a taxicab, immediately after the discharge of a passenger, must search such taxicab for any property lost or left therein, and any such property found, unless sooner claimed or delivered to the owner, must be reported in writing by the operator or owner of the taxicab to the City Clerk with the particulars and description of the property within the 12 hours after the finding thereof.

A driver shall not indicate by word, motion or gesture that he/she is restricting his/her direction of travel or destination. The taxicab driver shall not ask a passenger for a destination until the passenger is seated.

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.

A driver shall record every trip as follows: date and time call was received, location where passengers were picked up and the destination of passengers.

§ 265-16 Construction of taxicab and required equipment.

All taxicabs shall have four doors, two leading into the passengers' compartment and two leading into the driver's compartment. The doors shall be so constructed that they may be opened from the inside and the outside. Each door shall be constructed with an approved safety lock.

Emblems furnished by the City are to appear on the exterior of both front doors of the vehicle. These will be furnished by the City and replacements will be supplied for a fee. Rate schedules are to appear on the exterior of both rear doors of the vehicle, and the number of the taxicab shall be affixed to the driver's side of the rear window. The number shall consist of block letters at least five inches in height.

[Amended 4-2-2001 by Ord. No. 4-2001]

On the top of the taxicab, there shall be a sign at least 12 inches wide by six inches high made of plastic on which there shall be the word "taxi" or the name of the company. The sign is to be illuminated by a white bulb.

Tinted windows are prohibited at all times.

The exterior of the taxicab shall be clean and free of obvious dents and scrapes, and the paint is to be uniform in color.

The interior of the taxicab shall be clean and orderly.

All equipment, including safety seat belts, shall be functional and in working order at all times.

No taxicab license shall be issued or renewed unless and until proof has been given to the Licensing Officer that such taxicab has adequately provided for the safety of children under the age of eight and weighing less than 80 pounds who are passengers in a taxicab operated by the applicant pursuant to N.J.S.A. 39:3-76.2 et seq. and the Federal Motor Vehicle Safety Standards. Such proof shall consist of a written policy or posted notice at the base of operation and in all taxicabs, 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 child restraint seat. No children under the age of 13 will be permitted to ride in the front seat of the taxicab. All children under the age of 18 must wear a seatbelt while riding inside of the taxicab. Every taxicab licensed must keep and maintain a federally approved car seat in the passenger compartment or trunk of the licensed vehicle at all times, for use in accordance with the section.

[Amended 2-20-2002 by Ord. No. 2-2002; 6-2-2008 by Ord. No. 12-2008]

Every cab must have a protective safety shield between the driver seat and rear passenger seat.

[Added 5-21-2001 by Ord. No. 11-2001]

The taxicab must display a current valid New Jersey Department of Motor Vehicle Commission inspection certificate.

[Added 6-2-2008 by Ord. No. 12-2008]

§ 265-17 Inspections prior to and after issuance of license.

Before a taxicab license is issued, the taxicab shall be inspected by a member of the Police Department to ascertain whether such taxicab complies with the provisions of this chapter.

Subsequent to annual renewal of the taxicab license during the month of March and again during the month of September, taxicabs shall be inspected by a member of the Police Department to ensure the continued maintenance of the safe and sanitary operating conditions as required by this chapter.

In addition, it shall be the duty and right of a member of the Police Department to inspect the taxicab for the purpose of ascertaining whether or not this chapter is being violated. During the month of March, the New Jersey Motor Vehicle Inspection team will conduct a taxicab inspection in conjunction with the Pleasantville Police Department to ensure the continued maintenance and the safe operating conditions of the taxicab as required by this chapter.

[Amended 6-2-2008 by Ord. No. 12-2008]

Revocation or suspension of license.

Rejection of any safety equipment, violation for safety reasons or any vehicle found to be in an unsafe condition for taxicab purposes under this chapter is subject to immediate suspension or revocation of license.

Rejection due to damage of the taxicab or any other noncompliance of this section will be subject to a warning notice allowing 14 days to rectify and comply. A reinspection will be made by a member of the Police Department, and if the taxicab is still in violation, the license will be subject to immediate suspension or revocation.