[HISTORY: Adopted by the City Council of
the City of Trenton 10-16-2003 by Ord. No. 03-116; amended in its entirety 2-21-2008 by Ord. No. 08-09. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Traffic — See Ch. 14.
A.
Authority. The authority to license and regulate taxicabs
is set forth in N.J.S.A. 40:52-1 and N.J.S.A. 48:16-1 et seq.
B.
Scope. This chapter shall apply to all businesses
commonly known as taxicabs which are located in the City of Trenton.
Nothing in this chapter shall be construed to regulate limousines,
hotel buses, buses employed solely in transporting school children
or teachers, autobuses which are subject to the jurisdiction of the
New Jersey Department of Transportation, or interstate autobuses required
by federal or state law to carry insurance against loss from liability
imposed by law on account of bodily injury or death.
The words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
The driving of an empty taxicab along a public street at
a slow rate of speed for the obvious purpose of soliciting passengers.
The Director or the designee of the Director.
The Director or the designee of the Director.
A decal or metal disk that is affixed to the rear passenger
door of the vehicle which signifies a current registration and passing
inspection.
Transporting for hire one or more persons from a point of
departure within the municipality to a destination within or outside
the municipality. The operation of a taxicab by one other than the
owner shall be deemed operation by the owner as well as by the person
actually driving the taxi. The transportation of any person other
than the owner or operator in any motor vehicle bearing a sign using
the word "taxi," "taxicab," "cab" or "hack" 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
the Division's records to be a conditional vendee or lessee or has
any other proprietary interest in a taxicab or limousine.
A section of a public street or of a public place set apart
for the exclusive use of a taxicab or a limited number of taxicabs,
when such section is distinctly marked as such by an appropriate sign
attached to a stanchion on the curb or other conspicuous place or
by clearly visible marks upon the surface of a street or public place.
Any full size, four-door sedan, station wagon or van, with
a carrying capacity of not less than four passengers, not including
the operator, used in the business of carrying passengers for hire,
and particularly accepts and discharges such persons from points or
places to points or places within or outside the municipality.
A.
Taxicab operator's license. No person shall operate a taxicab in the City of Trenton unless that person holds a valid taxicab operator's license issued by the Director of the Department of Inspections. Any and all violators would be subject to the penalties provided in Chapter 1, Article III, General Penalty, of the Code of the City of Trenton.
B.
Taxicab owner's license. No person owning or leasing
a vehicle shall use that vehicle or permit that vehicle to be used
as a taxicab unless there is a current taxicab owner's license in
effect for such vehicle.
C.
Any individual
granted a license to operate a taxi in the City of Trenton may not
be permitted to own or be employed by a taxi company which is not
licensed by the City of Trenton; furthermore, any licensed taxicab
operator shall not be employed by more than one licensed company.
[Added 10-6-2011 by Ord. No. 11-45]
A.
General. No taxicab owner's license shall be granted
unless the applicant meets the requirements set forth in this section:
(1)
Citizenship or visa. The applicant must be a citizen
of the United States or a legal resident alien. If the applicant is
a partnership or corporation then each partner or officer must be
a citizen of the United States or a legal resident alien.
(2)
Authorization to do business. If the applicant is
a corporation, the corporation must either be incorporated in the
State of New Jersey or authorized to do business in this state.
(3)
Convictions. The applicant shall not have been convicted
of any crime and/or disorderly persons offense involving moral turpitude,
including but not limited to conviction for possession and/or distribution
of pornography, conviction for possession and distribution of controlled
dangerous substances, all elements included under the New Jersey statute
prohibiting prostitution, sexual offenses of physical violence against
persons or property within 10 years next preceding the date of application
for license, unless the Police Director, for good cause shown, shall
waive any disqualification based on such conviction. If the applicant
is a partnership, then no partner may have such record. If the applicant
is a corporation, then neither the corporation nor any officer or
director may have such record.
(4)
Prior license revocations. The applicant must have
no record of prior revocation by any jurisdiction of a license related
to the taxicab business. If the applicant is a partnership, then no
partner may have such record. If the applicant is a corporation, then
neither the corporation nor any officer or director may have such
record.
(5)
Insurance. The applicant must have complied with the provisions of N.J.S.A. 48:16-3 et seq., and the acts amendatory thereof or supplemental thereto and § 272-5B of this Code. In the event of the cancellation of licensee's insurance the license shall terminate upon the effective date of the cancellation, unless prior thereto the insurance has been reinstated by withdrawal of the cancellation or a new policy of insurance is delivered to the Director of the Department of Inspections for the remainder of the license year.
(6)
Child support. The applicant must certify that all
child support obligations are current pursuant to the standard set
forth in N.J.S.A. 2A:17-56.41.
B.
Number of taxicab owners' licenses. The number of
taxicab owners' licenses shall not exceed 82. The Director of the
Department of Inspections shall reduce the number of taxicab owners'
licenses issued to 82 by retiring licenses revoked for violation of
taxicab rules and regulations or failure to renew.
A.
Forms. Applications for an owner's license under this
chapter shall be made by the owner or lessee thereof upon blank forms
to be furnished by the Director of the Department of Inspections.
The application shall require the applicant to provide all of the
information necessary to determine whether the applicant is entitled
to an owner's license. Each individual applicant, copartner or officer
of a corporation shall have his or her fingerprints taken and filed
with the Director of the Department of Inspections.
B.
Insurance. Effective with the 2004 renewal, the applicant
for a taxicab license shall file an insurance policy issued by a company
duly licensed to transact business under the laws of this state in
the sum of $50,000 against loss by reason of liability imposed by
law for damages on account of bodily injury or death as a result of
ownership, maintenance or use of the taxicab upon any public street.
No owner of any vehicle for hire shall be issued a license until (s)he
has executed and delivered to the Director of the Department of Inspections,
concurrent with the filing of an insurance policy, a power of attorney
wherein and whereby (s)he shall appoint the Business Administrator
of the municipality his/her 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.
C.
False statement. Any person who shall make a false
statement in any license application or in any record or certificate
that (s)he is required to file or maintain 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.
D.
Fees. All fees as set forth in § 272-11 must be paid with the application. If the application is withdrawn or denied, then the fees shall be refunded, with the exception of the application fee of $25.
E.
The applicant must be tested for the presence of illegal
drugs and controlled substances at a City of Trenton approved drug
testing facility. A urine sample is required for testing. The applicant
shall assume the cost of all testing.
F.
At the time of application, the applicant shall have
his/her fingerprints taken by the police and filed with the Director
of the Department of Inspections. No license shall be issued to an
applicant who has been convicted of a DWI (driving while intoxicated)
violation, as set forth in N.J.S.A. 39:4-50 through 39:4-51, within
the previous two years. Conviction of a DWI offense while a license
holder shall result in immediate revocation of the license. No license
shall be issued to an applicant who has been convicted of a crime
and/or disorderly person offense involving moral turpitude, including
but not limited to pornography offenses, possession or distribution
of a controlled dangerous substance, prostitution, sexual offenses
or physical violence, within the previous 10 years. Conviction of
an offense while a license holder shall result in immediate revocation
of the license.
G.
Child support. The applicant must certify that all
child support obligations are current pursuant to the standard set
forth in N.J.S.A. 2A:17-56.41.
A.
Required. No person shall drive a taxicab for the
purpose of accepting therein or discharging therefrom any person without
first having obtained a license to do so.
B.
Qualifications of applicants. Generally, each applicant
for a license to drive a taxicab must:
(1)
Have a valid New Jersey driver's license with no suspensions
or revocations of license in any jurisdiction for the preceding two
years, except for suspensions and revocations purely administrative
in nature.
(2)
State the name of the licensee of the taxicab by whom
or which (s)he will be employed.
(3)
Be at least 21 years of age and a citizen of the United
States or a legal resident alien.
(4)
Be able to speak, read and write the English language.
(5)
At the time of making the initial application, have
his/her fingerprints taken by the police and filed with the Director
of the Department of Inspections.
C.
The applicant must file with the Director of the Department
of Inspections a certificate from a licensed physician, setting forth
that (s)he has been examined by a physician within 30 days prior to
the date of the application. The applicant must have no disability
or illness which poses a significant risk of substantial harm to the
applicant or others.
D.
The applicant must be tested for the presence of illegal
drugs and controlled substances at a City of Trenton approved drug
testing facility, after filing of application; a urine sample is required
for testing. The applicant shall assume the cost of all testing.
E.
At the time of application, the applicant shall have
his/her fingerprints taken by the police and filed with Director of
the Department of Inspections. No license shall be issued to an applicant
who has been convicted of a DWI (driving while intoxicated) violation,
as set forth in N.J.S.A. 39:4-50 through 39:4-51, within the previous
two years. Conviction of a DWI offense while a license holder shall
result in immediate revocation of the license. No license shall be
issued to an applicant who has been convicted of a crime and/or disorderly
person offense involving moral turpitude, including but not limited
to pornography offenses, possession or distribution of a controlled
dangerous substance, prostitution, sexual offenses or physical violence,
within the previous 10 years. Conviction of an offense while a license
holder shall result in immediate revocation of the license.
F.
Child support. The applicant must certify that all
child support obligations are current pursuant to the standard set
forth in N.J.S.A. 2A:17-56.41.
A.
Forms. Applications for taxicab operator's licenses
under this chapter shall be made by the applicant upon forms furnished
by the Director of the Department of Inspections. The form shall require
the applicant to provide all of the information necessary to determine
whether the applicant is entitled to an operator's license.
B.
Proof of driver's license. The applicant must provide
the Director of the Department of Inspections with proof that (s)he
holds a valid driver's license issued by the New Jersey Division of
Motor Vehicles.
C.
Convictions. The applicant shall provide the Police
Director with authorization to review any records of criminal convictions
for that individual or the individual partners.
D.
Convictions and driving violations. The applicant
shall provide the Police Director or his designee with authorization
to review any records of criminal convictions or motor vehicle infractions
for that individual or the individual partners.
E.
False statement. Any person who shall make a false
statement on any license application or on any record or certificate
that (s)he is required to file or maintain shall be subject to rejection
of the application submitted and/or to appropriate disciplinary sanctions,
including the license suspension or revocation, in addition to any
penalty provided under the New Jersey Criminal Court.
F.
Fees. A non-refundable application/processing fee
of $25 (cash or money order) shall be submitted with all license applications.
G.
Photographs. Each applicant for an operator's license
shall file with his/her application three unmounted, unretouched,
passport quality photographs of himself/herself. The photographs shall
have been taken within 30 days preceding the filing of the application.
One of the photographs shall be attached to the operator's license.
The remaining photographs shall be filed with the application by the
Director of the Department of Inspections. Each licensed operator
shall exhibit his/her license with the photograph attached for inspection.
In case an application for an operator's license is denied, two of
the photographs shall be returned to the applicant.
A.
Review by the Director of the Department of Inspections.
Each application shall be reviewed for completeness. If the application
is not complete, the Director of the Department of Inspections shall
advise the applicant, and no further action shall be taken until the
application is complete.
B.
Inspection of vehicle.
(1)
Vehicles must be inspected at a state-operated inspection
station only.
(2)
The initial license and the annual renewal thereof
shall be contingent upon the careful inspection of the vehicle by
the Director of the Department of Inspections and found to be in a
thoroughly safe, clean and fit condition for transportation of passengers.
Municipal inspection stickers will be affixed to the vehicle by the
Director of the Department of Inspections or his/ her designee.
C.
Examination and certification of applicant as to knowledge
of laws. As part of his/her review, each applicant may be examined
as to the applicant's knowledge of the provisions of this chapter,
the Motor Vehicle Act, the Traffic Act and other ordinances and regulations
having to do with traffic and the geography of the municipality, and,
if the result of the examination is unsatisfactory, (s)he shall be
refused a license.
A.
If, upon inspection, a taxicab is found to be in a
safe condition for transportation of passengers and conforms to the
rules and regulations established under this chapter, the Director
of the Department of Inspections shall authorize the issuance of a
license to the applicant. The license shall set forth the name of
the owner of the vehicle, the trade name, and the official license
number thereof. The license shall be signed by the Director of the
Department of Inspections or his/her designee and shall be conspicuously
displayed within the taxicab.
B.
The Director of the Department of Inspections shall
also furnish a small card indicating the maximum fares and the telephone
number for complaints. The card shall be conspicuously displayed within
the vehicle.
A.
Display on clothing. A badge shall be issued to each
licensee under this chapter bearing the license number of the operator
and the word “operator” thereon. The badge must be conspicuously
displayed on the left breast of the operator’s outer garment
when (s)he is engaged in his/her employment. If any badge becomes
lost or destroyed, a new badge shall be furnished by the Director
of the Department of Inspections upon payment of the sum of $35.
[Amended 10-6-2011 by Ord. No. 11-45]
B.
Sale or loan of badge or license prohibited. No person
shall sell, loan or otherwise dispose of any license issued under
the provisions of this chapter, or of any badge delivered by the Director
of the Department of Inspections with any license.
A.
Purpose; term of license. The license fees are fixed
for the purpose of regulation and control and shall be paid annually,
in the manner and amounts set forth below to the City, for conducting
or engaging in the business aforementioned. The term of each license
issued shall expire on the last day of February of the following year
of issue.
B.
Taxicab owner's license. The annual fee for a taxicab
owner's license shall be $250 per vehicle per year, up to a maximum
of 15 vehicles, after which the fee shall be $50 per vehicle to cover
the cost of the medallion. The fee for any license granted after September
1 and expiring the last day of February of the following year shall
be $150. Any license issued for a particular vehicle may be transferred
to a different vehicle upon a full inspection and the payment of a
transfer fee of $25.
[Amended 6-17-2010 by Ord. No. 10-12]
C.
Taxicab operator’s license. For each original
taxicab operator’s license or for each renewal thereof the fee
shall be $175. A fee of $25 shall be paid to the Director of the Department
of Inspections for a badge for each licensed operator.
[Amended 10-6-2011 by Ord. No. 11-45]
D.
Replacement fee. If any license becomes lost or destroyed,
a duplicate license shall be furnished by the Director of the Department
of Inspections upon payment of the sum of $35.
[Amended 10-6-2011 by Ord. No. 11-45]
E.
Exemptions. Each person honorably discharged from
the United States Armed Services upon furnishing satisfactory proof
of service and discharge and complying with the terms and conditions
of this chapter shall be exempt from payment of fee for an operator's
license. However, no fee shall be waived for the purchase of a badge.
A.
Vehicle inspection. Taxicab owners' licenses may be
renewed from year to year contingent upon a passing vehicle inspection
by the Director of the Department of Inspections or his/her designee.
B.
Form. An application for renewal of a taxicab owner's
or operator's license shall be made upon a form to be furnished by
the Director of the Department of Inspections.
C.
Time for filing. The renewal application shall be
filed no later than February 1 of the year of issue, which requirement
may be waived or the period extended for good cause by the Director
of the Department of Inspections.
D.
Failure to file. Failure of an owner or operator to
renew a license will result in the termination of the license upon
the expiration date. The license may be extended, upon written request
made to the Director of the Department of Inspections prior to the
expiration date, if good cause is shown for the failure to make timely
renewal application.
E.
Late fees. In the event any holder of an owner's license
seeks to renew a license that shall have expired, there shall be an
additional fee of $25.
F.
Extension of license. In the event it is determined
that an inspection of the vehicle will not be completed for the timely
renewal of an owner's license, the Director of the Department of Inspections
or other designee of the municipality who may perform inspections
may authorize the extension of a license for a fourteen-day period.
In addition to carrying out the provisions of
this chapter, all licensees hereunder shall abide by the following
regulations applicable to the license or licenses held:
A.
Posting of license identification. There shall be
posted in a conspicuous place on the inside of each taxicab the name
and business address of the owner and the name, business address and
photograph of the operator, together with the license number of the
vehicle and the number of the operator's license. Such identification
shall be provided by the owner in a manner to be approved by the Director
of the Department of Inspections.
B.
Street map. In addition to all other working knowledge
of geography, a street map of Mercer County which shall be purchased
in the office of the Director of the Department of Inspections is
required to be kept in all cabs at all times.
C.
Change of address; loss of records; change in company
of employment. Any change of address of any owner or operator licensed
under the provisions of this chapter must be reported, in writing,
to the City Clerk within 72 hours of such change. The loss of the
license badge or any other book or document required to be kept by
any licensed owner or operator must be reported to the City Clerk,
in writing, within 72 hours of such loss. The City Clerk shall charge
any licensee a fee of $10 to replace any lost badge, book or document.
Any change in company for which a driver is employed must be reported
to the Director of the Department of Inspections within 72 hours of
such change.
[Amended 4-16-2009 by Ord. No. 09-12]
D.
Record of trips. Each and every licensed operator
shall legibly record on a trip form, kept solely for the purpose of
recording the departure from the garage or stand, the name and address
of the operator thereof, his/her license number and the license number
of the vehicle and the time of the return to the garage or stand of
each such vehicle, locations of pickup, time of pickup, destination,
time destination is reached, the number of passengers conveyed and
the fee charged. All owners and operators shall keep the record of
trips open for inspection by any police officer or taxi inspector.
Records shall be maintained for a period of six months. Failure of
an operator or owner to produce a record of trips for the six-month
period preceding a police officer's or taxi inspector's demand shall
constitute a violation of this chapter.
E.
Identification of taxicabs. Each taxicab shall have
a dome displaying the trade name of the company or the word "taxi"
affixed to its roof, and shall have the trade name of the taxicab
lettered in no less than three-inch letters in contrasting color to
body paint on the front passenger and driver's side doors. Each taxicab
shall also conspicuously display the medallion certifying that an
annual inspection has been completed, next to the painted three-inch
numbers assigned by the City Clerk on the front panels and on the
left rear section of the trunk of the taxicab. No taxi shall be painted
in a black-and-white color scheme that could reasonably be mistaken
for a police vehicle.
[Amended 4-16-2009 by Ord. No. 09-12]
F.
Imitation of insignia used by other taxicab. No licensee
of any taxicab shall use thereon or thereabout any imitation of any
color scheme, monogram or insignia previously adopted or used by any
other licensee of a taxicab licensed under the provisions of this
chapter.
G.
Giving false or misleading information to passengers;
operators to use most direct route. No operator of a taxicab shall
induce any person to employ him/her by knowingly misinforming or misleading
such person either as to the time or place of the arrival or departure
of any train, omnibus, boat, aircraft or other means of public transportation
or as to the location of any hotel, airfield, airdome, public place
or private residence or place; nor shall any operator deceive any
person or make any false representation to him/her in respect to the
transportation or prospective transportation of any passenger, or
convey any passenger to any other place or over any other route than
that to which or over which such passenger may have instructed the
operator to go. Unless otherwise ordered, operators shall convey passengers
by the most practical direct routes to their destinations.
H.
Multiple passengers are only permitted from the point
of origin to the same destination. No taxicab driver shall solicit
additional passengers at the point of origin, and no additional passengers
may be picked up en route.
I.
Riding in operator's compartment. No person other
than the licensed operator of the taxicab, excepting a fare occupying
the auxiliary seat, shall ride or sit in the compartment of a taxicab
reserved for the operator.
J.
Lost or misplaced items; disposition of property left
in taxicab. Every operator of a taxicab shall, immediately after termination
of employment, carefully search the taxicab for any property lost
or left therein, and shall, immediately after finding any property,
deliver the property to police headquarters.
K.
Response of taxicab service. All taxicab licensees
or their representatives shall answer all calls received for taxi
service inside the municipality limits without unreasonable delay.
If such service cannot be rendered within a reasonable time, they
shall notify the prospective passenger as to how long it will be before
the call can be answered and give the reason.
L.
Insurance identification card. The insurance identification
card shall be posted in a conspicuous place within the vehicle.
M.
Cooperation with law enforcement officers. All licensees
under this chapter shall cooperate with law enforcement officers in
the performance of their duty. No licensee shall conceal evidence
of a crime or voluntarily aid violators to escape arrest. A licensee
shall report immediately to the police any attempt to use his/her
vehicle to commit a crime or escape from the scene of a crime.
N.
Conduct of operators.
(1)
Licensed operators, while engaged in the operation
of a taxicab, shall behave in a civil and orderly manner and shall
not use any indecent, profane or abusive language.
(2)
Operators shall be clean and neat and shall wear the
following items of dress:
(3)
Operators shall not be under the influence of, or
impaired by, any intoxicant.
O.
Smoking. No operator or passenger shall smoke or possess
lighted tobacco products in a licensed vehicle.
P.
Storage and parking of vehicles. No taxicab shall
be stored or parked on any street of the municipality, other than
when the vehicle or operator is on duty.
Q.
Operation of vehicles. No operator of a taxicab shall
operate his/her vehicle in a manner to endanger a passenger or any
other person.
R.
Maintenance of vehicles. The owner and operator of
a taxicab shall maintain such vehicle in a safe and clean condition
and shall maintain such vehicle in a good appearance, including proper
painting and the prompt repair of dents.
S.
Accidents; reporting and repair. Every owner of a
licensed taxicab which is involved in an automobile accident shall
provide the Director of the Department of Inspections with a copy
of the accident report within five working days of the accident. Any
taxicab, which has sustained damage to the vehicle, such as dents,
or is in need of painting shall be repaired within eight weeks of
the date of the accident. The Director of the Department of Inspections
shall inform the taxicab owner of any and all repairs that are necessary.
Any taxicab owner who fails to comply with the terms of this section
shall be in violation of this chapter and subject to suspension of
taxicab license.
T.
Inspection of vehicles. All taxicabs, owners and operators
shall be subject to regular random unannounced inspections of the
vehicles to insure compliance with all regulations and reporting requirements
contained herein.
U.
Obstruction of vision. No licensee under this chapter
shall display any advertising on his/her vehicle which obstructs the
vision of the operator, including the operator's vision to the rear.
V.
Taxicab overcharges. No person shall charge or attempt
to charge any taxicab passenger a greater rate of fare than that to
which the operator is entitled under the provisions of this chapter.
W.
Refusal of service. No taxicab operator licensed by
the municipality, and who is on duty, shall unreasonably refuse to
carry any orderly person applying for a taxicab who agrees and, upon
reasonable request, demonstrates ability to pay the proper rate of
fare. A refusal to carry an orderly passenger shall be presumptively
unreasonable where the refusal is based on the amount of money the
operator expects to receive or is based upon the race, sex, religion
or ethnic background of the passenger.
X.
Age of vehicle. When a taxicab owner or operator first
becomes licensed in the municipality, his/her taxicab shall not be
more than 84 months (seven years) old. A vehicle owned by a currently
licensed operator which is in excess of 84 months as of the effective
date of this chapter shall be licensed hereunder if it otherwise satisfies
all inspection criteria required of vehicles less than 84 months and
thereafter, such vehicle in excess of 84 months can receive a waiver
of this requirement based upon the inspection of the vehicle by the
Director of the Department of Inspections or other authorized inspection
designee of the municipality who shall find that the vehicle is able
to satisfy all safety, repair, operational and passenger requirements
provided hereunder, and otherwise satisfies all requirements provided
for vehicles of less than 84 months.
Y.
Receipts. The operator of any taxicab shall, upon
demand by any passenger, render to such passenger a City of Trenton-issued
receipt for the amount charged, on which shall be the name of the
owner of the taxicab, the name of the operator, the date and time
of the transaction and the amount of the fare. The cost of said receipt
book shall be $5.
[Amended 4-16-2009 by Ord. No. 09-12; 10-6-2011 by Ord. No. 11-45]
Z.
Safety equipment. No taxicab shall be operated in
violation of federal or state regulations with regard to transportation
of children.
AA.
Improper use of horn. Licensed drivers shall not use
the horn of their vehicle to alert customers of their arrival. Violation
of this provision shall constitute a violation of this chapter and
a violation of N.J.S.A. 39:3-69.
BB.
Receiving and discharging passengers. Licensed drivers
shall not receive or discharge passengers in the roadway without pulling
their vehicles as close as possible to the righthand sidewalk or,
in the absence of a sidewalk, to the extreme righthand side of the
road and there receive or discharge passengers. On one-way streets,
passengers may be discharged at either the right or left hand sidewalk
or side of roadway where no sidewalk exists.
A.
General. The enforcement of the provisions of this
chapter shall be under the control of the Director of the Department
of Inspections and the police. All licenses for vehicles and operators
shall be issued by the Director of the Department of Inspections.
B.
License registry. The Director of the Department of
Inspections shall keep a register of the name of each person owning
or operating a vehicle or vehicles licensed under this chapter, together
with the license number and the description, make and dimensions of
such vehicles, with the date and completed record or inspections made
of them. All applications for license shall be filed by Director of
the Department of Inspections and carefully preserved for reference.
All such records shall be open to the inspection of the public at
all reasonable times and shall be deemed the official records of the
office of the Director of the Department of Inspections.
The governing body may, by ordinance, designate
taxicab stands within its jurisdiction if and when it shall deem such
action necessary for the convenience of the public. When a taxicab
stand has been designated, fixed or established, the following regulations
shall apply:
A.
All designated taxicab stands shall be open to all
taxicabs for which an owner's license has been issued.
B.
Only taxicabs in such numbers as shall be set forth
on the sign designating any taxicab stand shall remain at any such
stand while waiting for employment, and taxicabs shall remain in single
file.
C.
No operator of a taxicab standing at the head of any
line shall refuse to transport any orderly person applying for a taxicab
who agrees to pay the proper rate of fare; provided, however, that
this provision shall not prevent any prospective passenger from selecting
a taxicab at any stand, whether or not it shall be at the head of
the line. As a taxicab shall leave the line or move forward, the taxicab
behind it shall be moved forward, and the operator of a taxicab seeking
a space at the stand shall approach from the rear of the stand and
shall stop as near as possible to the last taxicab then in line. No
taxicab shall stand at any place in or upon any of the streets or
highways or any other public place within the municipality awaiting
employment for hire excepting at designated taxicab stands.
D.
No taxicab shall stand within 25 feet of the nearest
crosswalk or sideline of a street or intersecting highway except at
alleys, or within 50 feet of a stop sign, or within 50 feet of the
near right-hand corner of any street upon which any autobus route
is established and approved by the Board of Public Utility Commissioners,
or within 20 feet of the driveway entrance to any fire station, or
within 10 feet of any fire hydrant.
E.
No taxicab operator shall stand in front of the entrance
to any building within any prohibited space after his/her passengers
desiring to alight have done so, or stand in the prohibited space
waiting for passengers. Drivers shall remain in their vehicles or
within the immediate vicinity of their vehicle (one car length) until
they reach the head of the line.
F.
No taxicab operator shall, while engaged in employment,
engage in conversation with persons upon any street, highway or public
place except in the course of his/her business, or suffer or permit
any person to loiter in or about the taxicab of which (s)he is the
operator.
G.
No vehicle other than a licensed taxicab shall stop
at any public taxicab stand except while loading or unloading goods,
wares or merchandise or receiving or discharging passengers.
H.
Each taxicab stand shall be marked with a suitable
stanchion which shall bear the statement that the stand is a stand
reserved for licensees only, and shall designate the number of taxicabs
which may occupy the stand.
I.
All duly licensed taxicabs may stand at any designated
taxi stand in the City.
A.
General. Any licensee who violates a provision of this chapter or is in violation of any rule or regulation governing the operation or conduct of any activity licensed hereunder shall be subject to reasonable license disciplinary action, including the imposition of monetary sanctions as per Chapter 1, Article III, General Penalty, of the Code of the City of Trenton, license suspension and revocation, in addition to such civil or criminal prosecution as may be appropriate.
B.
Notice of revocation hearing. Notice of a hearing
for the revocation of a license or permit shall be given in writing
by the Director of the Department of Inspections. The notice shall
specifically set forth the grounds upon which the proposed revocation
is based and the time and place of the hearing. It shall be served
by mailing a copy to the licensee at his/her last known address by
regular mail and certified mail, return receipt requested, at least
five days prior to the date set for the hearing.
C.
Procedure for revocation hearing. Hearings for the
revocation of a license or permit shall be conducted before the Director
of the Department of Inspections or a designee thereof. At the hearing,
the licensee shall have the right to appear and be heard, to be represented
by an attorney, to present witnesses in his/her own behalf, to cross
examine opposing witnesses, and to have a permanent record made of
the proceedings at his/her own expense. The Director of the Department
of Inspections or a designee thereof shall order the revocation or
suspension of the license if (s)he is satisfied by a preponderance
of the evidence that the licensee is guilty of the acts charged. If
the license is suspended or revoked, the licensee may appeal to the
governing body.
D.
Other powers. Nothing herein contained shall limit
the power of the Director of the Department of Inspections or the
police to immediately suspend such license for a period not exceeding
five days, pending the giving of notice and holding of a hearing,
whenever necessary, in the opinion and discretion of the Director
of the Department of Inspections or police. In the event of temporary
suspension, if notice and hearing of alleged violations or charges
is not given and held prior to the expiration of the five-day period
unless extended by the owner or operator, the proposed charges and
violations shall be deemed dismissed.
E.
Suspension or revocation of license. Owners' licenses
and operators' licenses issued under this chapter may be suspended
or revoked at any time. Any suspension shall be noted upon the license
suspended, together with the reason therefor. No operator whose license
has been revoked shall again be licensed as an operator of a taxicab.
The Director of the Department of Inspections shall notify the police
whenever a license shall be deemed suspended or revoked.
Any person who shall be aggrieved by any decision
shall be entitled to appeal to the City Council within 30 days of
the receipt of the decision by filing a written request for review
by the governing body with the Director of the Department of Inspections
within the thirty-day period.
[Amended 9-18-2008 by Ord. No. 08-49]
A.
Meters. Effective September 1, 2004, all taxicabs
licensed with the City of Trenton shall be equipped with a Pulsor
2020R taximeter, or the equivalent, as approved by the Taxi Inspector.
Meters shall be installed by a City-licensed installation shop. Meters
shall be mounted on, or in front of, the vehicle dashboard so as to
be clearly visible to the passengers and not obstructed in any way.
The meters shall be connected into the dome light so that when the
meter is on the dome light is off. The meters shall issue a receipt
that must be presented to the passenger at the end of each trip. The
receipt shall list the City’s taxi office phone number as the
contact for customer complaints. The meters are to be inspected and
calibrated annually by the City’s Weights and Measures Inspector,
at which time the meter shall be sealed and tagged. In addition, all
meters are subject to random inspection at any time by the City’s
Taxi Inspector. A provisional license will be issued on February 1,
2004, to be replaced by a permanent license upon installation of the
meters by September 1, 2004.
[Amended 10-6-2011 by Ord. No. 11-45]
B.
Rates and charges.
[Amended 6-17-2010 by Ord. No. 10-12]
(1)
The
charges for transportation of passengers and other services incidental
thereto, originating within the City of Trenton, are hereby fixed
as follows:
(a)
The basic fare shall be $4 and shall increase at the rate of $0.15
per 1/10 mile to a maximum fare of $9.50 for trips entirely within
the City limits. A charge of $1.50 is permitted per each additional
passenger.
(b)
Waiting time, defined as “time spent waiting for a passenger
who has exited the taxi for some reason,” shall be charged at
the rate of $0.50 per minute and shall be in addition to the fare
described above.
(c)
The fare for trips originating within the City of Trenton and terminating
outside the City shall be a flat rate negotiated prior to the start
of the trip.
(2)
The
rates herein fixed shall be posted conspicuously in each taxicab in
the rear of the taxicab in full view of the passenger.
(3)
The
driver has the option of collecting a fare deposit in the amount of
$4 at the point of origin.
A.
The following described locations are hereby designated
as taxi stands:
(1)
South Broad Street (Stand #15), east side, from 35
feet south of East State Street to 85 feet south thereof.
(2)
Perry Street (Stand #20), north side, from 130 feet
east of Broad Street to 75 feet east thereof.
(3)
South Warren Street, east side, from 35 feet south of East State
Street to 83 feet south thereof. Taxi Stand #6 is hereby designated
also as an exclusive loading zone only from the hours 8:00 a.m. to
11:00 a.m. Monday through Friday; all other times it shall be a taxi
stand.
[Amended 4-17-2014 by Ord. No. 14-13]
(4)
Trenton Train Station and Hotel District.
B.
The following stands shall be subject to a request
for proposals at two-year intervals, submitted to the Municipal Clerk
for review, with the emphasis on types of services that will be provided
for the following locations:
A.
Authority. The authority to license and regulate limousines
is set forth in N.J.S.A. 40:52-1 and N.J.S.A. 48:16-1 et seq.
B.
Scope. This chapter shall apply to all businesses
commonly known as "limousine services" which are located in the City
of Trenton. Nothing in this chapter shall be construed to regulate
hotel buses, buses employed solely in transporting school children
or teachers, autobuses which are subject to the jurisdiction of the
Department of Transportation or interstate autobuses required by federal
or state law to carry insurance against loss from liability imposed
by law on account of bodily injury or death.
For the purpose of this chapter, the following
words and terms shall have the meaning given herein:
Any automobile or motor car with a carrying capacity of not
more than nine passengers, not including the operator, commonly called
a limousine, used in the business of carrying passengers for hire,
which is held out, announced or advertised to operate or run, or which
is operated or run, over any of the streets or public highways of
this City, and which is hired by charter; for a particular contract;
by the day, hour or other fixed period; to transport passengers to
a specified place or places; or which charges a fare or price agreed
upon in advance between the operator and the passenger.
Includes the business of carrying passengers for hire by
limousines.
A.
Limousine operator's license. No person shall operate
a limousine in the City unless that person holds a valid limousine
operator's license.
B.
Limousine owner's license. No person owning or leasing
a vehicle shall use or permit that vehicle to be used as a limousine
unless there is a current limousine owner's license in effect for
such vehicle.
No limousine owner's license shall be granted
unless the applicant meets the requirements set forth in this section:
A.
Citizenship or visa. The applicant must be a citizen
of the United States or a legal resident alien. If the applicant is
a partnership then each partner must be a citizen of the United States
or a legal resident alien.
B.
Convictions. The applicant shall not have been convicted
of any crime and/or disorderly persons offense involving moral turpitude,
including, but not limited to, conviction for possession and/or distribution
of pornography, conviction for possession and/or distribution of controlled
dangerous substances, all elements included under the New Jersey statute
prohibiting prostitution, sexual offenses or physical violence against
persons or property within 10 years next preceding the date of application
for license, unless the police, for good cause shown, shall waive
any disqualification based on such conviction. If the applicant is
a partnership, then no partner may have such record. If the applicant
is a corporation, then neither the corporation nor any officer or
director may have such record.
C.
Prior license revocations. The applicant must have
no record or prior revocation by any jurisdiction of a license related
to the taxicab or limousine business. If the applicant is a partnership,
then no partner may have such record. If the applicant is a corporation,
then neither the corporation not any officer or director may have
such record.
D.
Insurance. The applicant must have complied with the
provision of N.J.S.A. 48:16-1 et seq., and the acts amendatory thereof
or supplemental thereto relating insurance.
E.
Child support. The applicant must certify that all
child support obligations are current pursuant to the standard set
forth in N.J.S.A. 2A:17-56.41.
No limousine operator's license shall be granted
unless the applicant meets the requirements set forth in this section:
A.
Age. The applicant must be of the age of 21 years
or over.
B.
New Jersey driver's license. The applicant must have
a valid driver's license issued by the State of New Jersey.
C.
Motor vehicle infractions. The applicant may not have
been convicted of reckless driving, driving while intoxicated or under
the influence of drugs, or leaving the scene of an accident within
three years of the application.
D.
Disability or illness. The applicant must have no
disability or illness of any type which poses a significant risk of
substantial harm to the applicant or others if (s)he is granted a
license to drive a limousine.
E.
English language. The applicant must be able to speak,
read and write the English language.
F.
Knowledge of law, regulations and geography of City.
The applicant must have a thorough knowledge of the provisions of
this chapter, the Motor Vehicle Act, the Traffic Act and other ordinances
and regulations having to do with traffic, and the geography of the
City.
A.
Forms. Applications for a limousine owner's license
under this chapter shall be made by the owner or lessee thereof upon
blank forms to be furnished by the Director of the Department of Inspections.
The application shall require the applicant to provide all of the
information necessary to determine whether the applicant is entitled
to an owner's license.
B.
Authorization to do business. If the applicant is
a corporation, that applicant shall provide the Director of the Department
of Inspections with proof that the corporation is either incorporated
in the State of New Jersey or authorized to do business in this state.
C.
Vehicles. Every application shall contain a statement
as to whether the applicant is the owner or lessee of the vehicle
sought to be licensed, the state license plate number of the vehicle,
the year, make, model and manufacturer's (VIN) number and the number
of persons it is capable of carrying.
D.
Affidavit. All applications shall be duly verified
by the affidavit of the individual, partner of the copartnership or
an officer of the corporation seeking the license, as the case may
be.
E.
False statement. Any person who shall make a false
statement in any license application or in any record or certificate
that (s)he is required to file or maintain 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.
F.
The applicant must be tested for the presence of illegal
drugs and controlled substances at a City of Trenton approved drug
testing facility, after filing of application; a urine sample is required
for testing. The applicant shall assume the cost of all testing.
G.
Fees. All fees must be paid with the application.
If the application is withdrawn or denied, then the fees shall be
refunded, with the exception of application fee of $25.
A.
Forms. Applications for limousine operator's licenses
under this chapter shall be made by the applicant upon blank forms
to be furnished by the Director of the Department of Inspections.
The form shall require the applicant to provide all of the information
necessary to determine whether the applicant is entitled to an operator's
license.
B.
Proof of driver's licenses. The applicant must provide
the Director of the Department of Inspections with proof that (s)he
holds a valid driver's license issued by the State of New Jersey.
C.
Photographs. Each applicant for an operator's license
shall file with his/her application three unmounted, unretouched,
passport quality photographs of himself/herself. The photographs shall
have been taken within 30 days preceding the filing of the application.
One of the photographs shall be attached to the operator's license.
The remaining photographs shall be filed with the application by the
Director of the Department of Inspections. Each licensed operator
shall exhibit his/her license with the photograph attached for inspection.
In case an application for an operator's license is denied, two of
the photographs shall be returned to the applicant.
D.
Convictions. The applicant shall provide the Director
of the Department of Inspections with authorization to review any
records of criminal convictions for that individual or the individual
partners.
E.
Affidavit. All applications shall be duly verified
by the affidavit of the applicant seeking the license.
F.
False statement. Any person who shall make a false
statement in any license application or in any record or certificate
that (s)he is required to file or maintain shall be subject to rejection
of the application submitted and/or to appropriate disciplinary sanctions,
including the license suspension or revocation, in addition to any
penalty provided under the New Jersey Criminal Code.
G.
Fees. All fees must be paid with the application.
If the application is withdrawn or denied, then the fees shall be
refunded, with the exception of $25.
A.
Limousine service owner’s license. The annual
fee for a limousine service owner’s license shall be $50, plus
$10 for each vehicle.
[Amended 9-2-2010 by Ord. No. 10-37]
B.
Limousine operator's license. For each original limousine
operator's license or for each renewal thereof, the fee shall be $30.
A fee of $10 shall be paid to the Director of the Department of Inspections
for a badge for each licensed operator.
C.
Replacement fee. If any license becomes lost or destroyed,
a new license shall be furnished by the Director of the Department
of Inspections upon payment of the sum of $30.
D.
Exemptions. Each person honorably discharged from
the United States Armed Services upon furnishing satisfactory proof
of service and discharge and complying with the terms and conditions
of this chapter shall be exempt from payment of fee for an operator's
license. However, no fee shall be waived for the purchase of a badge.
A.
Maintenance of vehicles. The owner and operator of
a limousine shall maintain such vehicle in a safe and clean condition
and shall maintain such vehicle in a good appearance, including proper
painting and the prompt repair of dents. Every owner of a licensed
limousine which is involved in an automobile accident shall provide
the Director of the Department of Inspections with a copy of the accident
report within five working days of the accident. Any limousine which
has sustained damage to the vehicle, such as dents, or is in need
of painting, shall be repaired within eight weeks of the date of the
accident. The Director of the Department of Inspections or his/her
designee shall inform the limousine owner of any and all repairs that
are necessary. Any limousine owner who fails to comply with the terms
of this section shall be in violation of this chapter and subject
to suspension of the limousine license.
B.
Inspection of vehicles. The owner and operator of
a limousine shall permit the police or any other law enforcement officer
to inspect such vehicle at any and all times.
C.
Inspection of records. The owner and operator of a
limousine shall permit the police or any other law enforcement officer
to inspect any records required to be kept by this chapter at any
and all times.
D.
Limousine fares. No limousine operator or owner shall
carry or permit the carrying of any passenger unless the fare or price
has been agreed upon in advance.
E.
Operation of limousines. Neither the owner or operator
of a limousine shall:
(1)
Operate the limousine as a taxicab.
(2)
Park or stop the vehicle on any street for the purpose
of soliciting or accepting passengers for hire.
(3)
Drive the vehicle on any street in search of prospective
passengers for hire or for the purpose of soliciting or accepting
passengers for hire.
(4)
Display any sign on or near the vehicle for the purpose
of soliciting passengers for hire.
(5)
Utilize any on-street parking area as a taxi stand
or place to solicit passengers for hire.
A.
General. Limousine owners' licenses may be renewed
from year to year by Director of the Department of Inspections upon
certification of a State of New Jersey motor vehicle inspection. Limousine
operators' license may be renewed from year to year by the Director
of the Department of Inspections.
B.
Form. An application for renewal of a limousine owner's
or operator's license shall be made upon a form to be furnished by
the Director of the Department of Inspections.
C.
Time for filing. The renewal application shall be
filed no later than February 1 of the year of issue, which requirement
may be waived or the period extended for good cause by the Director
of the Department of Inspections.
D.
Failure to file. Failure of an owner or operator to
renew a license will result in the termination of the license upon
the expiration date. The license may be extended, upon written request
made to the Director of the Department of Inspections prior to the
expiration date, if good cause is shown for the failure to make timely
renewal application.
E.
Late fees. In the event any holder of an owner's license
seeks to renew a license that shall have expired, there shall be an
additional fee of $25.
F.
Extension of license. In the event it is determined
that an inspection of the vehicle will not be completed for the timely
renewal of an owner's license, the Director of the Department of Inspections
or other designee of the municipality who may perform inspections
may authorize the extension of a license for a fourteen-day period.
In addition to carrying out the provisions of
this chapter, all licensees hereunder shall abide by the following
regulations applicable to the license or licenses held.
A.
Posting of license identification. There shall be
posted in a conspicuous place on the inside of each limousine the
name and address of the owner and the name, address and photograph
of the operator, together with the license number of the vehicle and
the number of the operator's license. Such identification shall be
provided by the owner in a manner to be approved by the Director of
the Department of Inspections.
B.
Change of address; loss of records. Any change of
address of any owner or operator licensed under the provisions of
this chapter must be reported, in writing, to the Director of the
Department of Inspections within 72 hours of such change. The loss
of the license badge or any other book or document required to be
kept by any licensed owner or operator must be reported to the Director
of the Department of Inspections, in writing, within 72 hours of such
loss. The Director of the Department of Inspections shall charge any
licensee a fee of $10 to replace any lost badge, book or document.
C.
Record of trips. Each and every licensed operator
shall legibly record on a trip form, kept solely for the purpose of
recording the departure from the garage or stand, the name and address
of the operator thereof, his/her license number and the license number
of the vehicle and the time of the return to the garage or stand of
each such vehicle, locations of pickup, time of pickup, destination,
time destination is reached, the number of passengers conveyed and
the fee charged. All owners and operators shall keep open for inspection
by any police officer his/her record of trips. Records shall be maintained
for a period of six months. Failure of an operator or owner to produce
a record of trips for the six-month period preceding a police officer's
demand shall constitute a violation of this chapter. This form shall
record the acceptance and discharge of passengers.
D.
Lost or misplaced items, disposition of property left
in limousine. Every operator of a limousine shall, immediately after
termination of employment, carefully search the limousine for any
property lost or left therein, and shall, immediately after finding
any property, deliver the property to police headquarters.
E.
Insurance identification card. The insurance identification
card shall be posted in a conspicuous place within the vehicle.
F.
Cooperation with law enforcement officers. All licensees
under this chapter shall cooperate with law enforcement officers in
the performance of their duty. No licensee shall conceal evidence
of a crime or voluntarily aid violators to escape arrest. A licensee
shall report immediately to the police any attempt to use his/her
vehicle to commit a crime or escape from the scene of a crime.
G.
Conduct of operators.
(1)
Licensed operators, while engaged in the operation
of a limousine, shall behave in a civil and orderly manner and shall
not use any indecent, profane or abusive language.
(2)
Operators shall be clean and neat and shall wear the
following items of dress:
(a)
A long- or short-sleeved shirt or blouse with
a collar.
(b)
A pair of zippered trousers or skirt.
(c)
Other items of clothing, e.g., headgear, jackets,
sweaters or shoes, as well as jewelry, shall be appropriate and tasteful.
Operators shall not be under the influence of, or impaired by, any
intoxicant.
H.
Smoking.
(1)
No operator shall smoke or possess lighted tobacco
products in his/her licensed vehicle without first requesting and
obtaining permission from all passengers riding therein.
(2)
No passenger shall smoke or possess lighted tobacco
products in any licensed vehicle in which vehicle the operator or
owner has prominently displayed a sign, readily visible to passengers,
with the words "No Smoking" or the equivalent language in block letters
at least two inches high. A licensed operator shall not refuse a passenger
because such passenger objects to the operator smoking tobacco. Each
licensed operator who objects to the smoking of tobacco by passengers
shall have conspicuously posted a notice of such prohibition as required
by N.J.S.A. 20:33-13.
I.
Storage and parking of vehicles. No limousine shall
be stored or parked on any street of the municipality, other than
when the vehicle or operator is on duty.
J.
Operation of vehicles. No operator of a limousine
shall operate his/her vehicle in a manner to endanger a passenger
or any other person.
K.
Maintenance of vehicles. The owner and operator of
a limousine shall maintain such vehicle in a safe and clean condition
and shall maintain such vehicle in a good appearance, including proper
painting and the prompt repair of dents.
L.
Accidents, reporting and repair. Every owner of a
licensed limousine which is involved in an automobile accident shall
provide the Director of the Department of Inspections with a copy
of the accident report within five working days after the accident.
Any limousine which has sustained damage to the vehicle, such as dents,
or is in need of painting shall be repaired within eight weeks after
the date of the accident. The Director of the Department of Inspections
shall inform the limousine owner of any and all repairs that are necessary.
Any limousine owner who fails to comply with the terms of this section
shall be in violation of this chapter and subject to suspension of
the limousine license.
M.
Inspection of vehicles. The owner and operator of
a limousine shall permit the Director of the Department of Inspections
or any law enforcement officer to inspect such vehicle at any and
all times.
N.
Obstruction of vision. No licensee under this chapter
shall display any advertising on his/her vehicle which obstructs the
vision of the operator, including the operator's vision to the rear.
O.
Age of vehicle. When a limousine owner or operator
first becomes licensed in the municipality, his/her limousine shall
not be more than 84 months (seven years). A vehicle owned by a currently
licensed operator which is in excess of 84 months as of the effective
date of this chapter shall be licensed hereunder if it otherwise satisfies
all inspection criteria required of vehicles less than 84 months and
thereafter, such vehicle in excess of 84 months can receive a waiver
of this requirement based upon the inspection of the vehicle by the
Director of the Department of Inspections or other authorized inspection
designee of the municipality who shall find that the vehicle is able
to satisfy all safety, repair, operational and passenger requirements
provided hereunder, and otherwise satisfies all requirements provided
for vehicles of less than 84 months.
P.
Receipts. The operator of any limousine shall, upon
demand by any passenger, render to such passenger a receipt of the
amount charged, on which shall be the name of the owner of the limousine,
the name of the operator, the date and time of the transaction and
the amount of the fare.
Q.
Safety equipment. Every limousine is required to have
approved child safety seats appropriate to the age of the child prior
to transporting the child and is required to have all children secured
as defined in Title 39 before transporting them from point of pickup.
A.
General. The enforcement of the provisions of this
chapter shall be under the control of the Director of the Department
of Inspections and the police. All licenses for vehicles and operators
shall be issued by the Director of the Department of Inspections.
B.
License registry. The Director of the Department of
Inspections shall keep a register of the name of each person owning
or operating a vehicle or vehicles licensed under this chapter, together
with the license number and the description, make and dimensions of
such vehicles, with the date and completed record or inspections made
of them. All applications for license shall be filed by the Director
of the Department of Inspections and carefully preserved for reference.
All such records shall be opened to the inspection of the public at
all reasonable times and shall be deemed the official records of the
office of the Director of the Department of Inspections of the municipality.
A.
General. Any licensee who violates a provision of this chapter or is in violation of any rule or regulation governing the operation or conduct of any activity licensed hereunder shall be subject to reasonable license disciplinary action, including the imposition of monetary sanctions as per Chapter 1, Article III, General Penalty, of the Code of the City of Trenton, license suspension and revocation, in addition to such civil or criminal prosecution as may be appropriate.
B.
Notice of revocation hearing. Notice of a hearing
for the revocation of a license or permit shall be given in writing
by the Director of the Department of Inspections. The notice shall
specifically set forth the grounds upon which the proposed revocation
is based and the time and place of the hearing. It shall be served
by mailing a copy to the licensee at his/her last known address by
regular mail and certified mail, return receipt requested, at least
five days prior to the date set for the hearing.
C.
Procedure for revocation hearing. Hearings for the
revocation of a license or permit shall be conducted before the Director
of the Department of Inspections or a designee thereof. At the hearing,
the licensee shall have the right to appear and be heard, to be represented
by an attorney, to present witnesses in his/her own behalf, to cross
examine opposing witnesses, and to have a permanent record made of
the proceedings at his/her own expense. The Director of the Department
of Inspections or a designee thereof shall revoke or suspend the license
if (s)he is satisfied by a preponderance of the evidence that the
licensee is guilty of the acts charged. If the license is suspended
or revoked, the licensee may appeal to the governing body of the municipality
in which the offense occurred.
D.
Other powers. Nothing herein contained shall limit
the power of the Director of the Department of Inspections or the
police to immediately suspend such license for a period not exceeding
five days, pending the giving of notice and holding of a hearing,
whenever, in the opinion and discretion of the Director of the Department
of Inspections or the police, it is necessary. In the event of temporary
suspension, if notice and hearing of alleged violations or charges
is not given and held prior to the expiration of the five-day period
unless extended by the owner or operator, the proposed charges and
violations shall be deemed dismissed.
E.
Suspension or revocation of license. Owners' licenses
and operators' licenses issued under this chapter may be suspended
or revoked at any time. Any suspension shall be noted upon the license
suspended, together with the reason thereof. No operator whose license
has been revoked shall again be licensed as an operator of a limousine.
The Director of the Department of Inspections shall notify the Police
Director whenever a license shall be deemed suspended or revoked.
Any person who shall be aggrieved by any decision
shall be entitled to appeal to the City Council within 30 days of
the receipt of the decision by filing a written request for review
by the governing body with the Director of the Department of Inspections
within the thirty-day period.
