[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia 10-4-1982 by Ord. No. 949 as Ch. 187 of the 1982 Code (Ord. No. 212). Amendments noted where applicable.]
[Amended 12-20-1982 by Ord. No. 956]
All public hacks, cabs, omnibuses, limousines, automobiles or other vehicles used for the transportation of passengers for hire shall be licensed in accordance with the provisions of this chapter. No person shall operate or drive or cause to be operated or driven any such public hack, cab, omnibus, automobile or other vehicle for such purpose unless the same shall have been licensed in accordance with the provisions of this chapter. The license required by this section shall be known as an "owner's license."
For the purposes of this chapter and section, the following words and phrases shall have the meanings respectively ascribed to them by this section.
- The operator of a taxicab licensed to operate in the Borough of Leonia, or the operator of a limousine or auto livery licensed by the Borough.
- Any automobile or vehicle engaged in the business of carrying passengers for hire and operating from private property, either by trip, hour or day, or longer periods of time, and which does not solicit passengers for hire upon the public streets of the Borough and which is intended to run from points within the Borough of Leonia to destinations in other municipalities. The term "limousine" shall also mean "auto livery" and "autocab," as defined in N.J.S.A. 48:16-13.
- Any person, partnership, association, corporation or other legal entity who is registered as the owner of any taxicab or limousine in the State Division of Motor Vehicles or under this chapter.
- Any automobile, cab or other vehicle propelled by motor power engaged in the business of transporting passengers for hire or pay between points within the Borough and to and from points in the Borough and to and from points outside thereof either operating from stands in the street or by telephone calls to the business office of the owner of the same, or in any other manner, it being the intent of this chapter to include in the definition of "taxicabs" all motor vehicles as defined under Title 39 of the Revised Statutes of New Jersey and all amendments or supplements thereto.
- Any taxicab, hack, cab, omnibus, automobile or limousine, unless they are specifically mentioned by name.
No person shall drive or operate as driver or chauffeur or otherwise any public hack, cab, omnibus, automobile or other vehicle used for hire, unless such person shall have a license issued pursuant to the provisions of this chapter. The license herein required shall be known as "driver's license."
All references herein to specific amounts of insurance required to be carried may hereafter be modified periodically by resolution of the Borough Council.
No owner's license shall be issued for any vehicle herein required to be licensed until the owner thereof shall have filed an application, in writing, addressed to the Board of Police Commissioners, setting forth the character of the vehicle proposed to be licensed, the correct name of the owner thereof, the residence of such owner and such other facts as said Board of Police Commissioners may require and until the vehicle proposed to be licensed shall have been inspected by said Board of Police Commissioners or some person designated by such Board and until there shall have been paid, to the Borough Clerk for the use of the Borough, the license fee hereinafter provided and until said owner shall have filed, with the Clerk of the Borough of Leonia, an insurance policy of a company duly licensed to transact business under the insurance laws of this state, conditioned for the payment of a sum of not less than $5,000 to satisfy all claims for damages, by reason of bodily injury to or death of any one person, resulting from an accident and a sum of not less than $10,000 to satisfy all claims for damages, by reason of bodily injuries to or the death of all persons, on account of any such accident by reason of the ownership, operation, maintenance or use of any such autocab upon any public street, road or highway and conditioned for the payment of a sum of not less than $1,000 to satisfy any claim for damages to property of any one person resulting from an accident and a sum of not less than $5,000 to satisfy all claims for damages to property of all persons on account of any such accident, by reason of the ownership, operation, maintenance or use of such vehicle upon any public street, road or highway. Any such license granted by virtue of this chapter shall continue effective, and such operation shall be permitted only as long as such insurance shall remain in force. Such insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance or use of the vehicle or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid; provided, however, that if such owner or owners operate more than one such vehicle, he or they may file with the Clerk of the Borough of Leonia, in lieu of the aforementioned insurance policy or policies, an insurance policy of a company duly licensed to transact business under the insurance laws of the State of New Jersey, in the sum of $50,000, which shall be a blanket insurance covering all vehicles operated for the aforesaid purposes by such owner or owners, which shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of any such vehicle or any fault in respect thereto and shall be for the benefit of every person suffering loss, damages or injury, as aforesaid, and provided, further, that a power of attorney shall be executed and delivered to the Clerk of the Borough of Leonia concurrently with the filing of a policy or bond hereinbefore referred to, wherein and whereby said owner shall nominate, constitute and appoint such fiscal officer 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. Any such license may be revoked by the Mayor and Council of the Borough of Leonia, after notice and hearing, whenever it shall appear that the person to whom such consent was granted has failed to furnish or keep in force the insurance and power of attorney herein required. The Police Department upon the filing of the aforesaid policy shall issue to the person so filing, a certificate, in duplicate, showing that such person has complied with the terms and provisions of this chapter and with the provisions of N.J.S.A. 48:16-1 et seq. and such duplicate certificate shall be presented to the Department of Motor Vehicles as provided in said Act. The original certificate issued by said Police Department shall be posted in a conspicuous place with said vehicle. The certificate shall recite the name of the insurance company, the number of the policy, a description of the vehicle insured under such policy, with the registration number of same and the date of expiration of the policy.
No driver's license shall be granted to any person unless such person is at least 18 years of age, is a citizen of the United States of America and until such person shall have filed an application, in writing, addressed to the Board of Police Commissioners, setting forth his full name, his place of residence, age and a certificate as to his moral character and ability, signed by at least two citizens of Bergen County and such other facts as the Board of Police Commissioners may require and shall have paid to the Police Department, for the use of the Borough, a license fee herein provided.
No owner's license or driver's license shall be issued to any person who has not been a resident of Bergen County for at least 30 days prior to the date of making application, unless the Borough Council shall, by resolution, determine and declare that there are an insufficient number of public conveyances or drivers or operators thereof, and thereafter the Board of Police Commissioners may, in its discretion, authorize the issuance of an owner's license or driver's license to nonresidents of Bergen County; provided, however, that application for such licenses by residents of Bergen County shall receive preference over those of nonresidents.
The Board of Police Commissioners of the Borough Council shall have the power to approve or disapprove the applications for licenses herein provided for and shall also have the power and is hereby authorized to refuse to approve any application for any such license, if it should appear in the best interests of the Borough that such license should not be granted. Said Board of Police Commissioners shall grant no more licenses of either said classes than in its opinion are adequate to meet the public requirements.
The license herein provided for shall be signed by the Chief of Police. Said Chief of Police shall not issue any license until the application therefor has been approved by the Board of Police Commissioners and the condition precedent to the payment of license fees and, in the case of the owner's license, the filing of the necessary insurance policy, together with the power of attorney, shall have been complied with.
The fees to be paid for owner's licenses are as set forth in Chapter 123, Fees. For each vehicle, the fee shall be as set forth in Chapter 123, Fees. The fee to be paid for driver's licenses shall be the sum as set forth in Chapter 123, Fees. In addition thereto, such owner shall deposit with the Police Department, the sum of $2 as security for the return of the driver's license badge herein provided for, which said sum shall be returned by the Police Department to such person upon the surrender of such badge.
If a holder of an owner's license or driver's license should by reason of § 187-10 of this chapter have his license canceled, he may, in the discretion of the Board of Police Commissioners, have the same restored upon filing with the Board a written request for such reissue. A fee of $5 shall be paid for the owner's license and $1 for the driver's license, if the Board of Police Commissioners decides that the circumstances warrant the reissuing of such license.
The owner's license and the driver's license herein provided for shall each bear a number and shall state the name of the person licensed. Such license shall briefly describe the vehicle licensed, and, if such vehicle has a license number issued by the Commissioner of Motor Vehicles, such number shall also be stated in said license, and said license shall also state the manufacturer's number of such motor vehicle. Such license shall also give a brief description (physical) of the person to whom it is issued.
The Police Department shall keep a register of all licenses granted under the provisions of this chapter, which register shall show the character of the license, its number, date of issue and the name of person licensed, and it shall also keep all applications, and, upon those which may be granted, it shall endorse the number of the license issued in pursuance thereof.
[Amended 12-20-1982 by Ord. No. 956]
All licenses granted hereunder shall expire on the 31st day of December of each year. In the case of an application for an owner's license made after the first day of July in any year, the fee to be paid therefor shall be 1/2 of the amount stated in § 187-8 hereof. No license granted under this chapter shall be transferable.
At no time shall licenses be issued and outstanding for more than 10 individual taxicabs, but this restriction shall not limit the number of drivers' licenses. At no time shall licenses be issued and outstanding for more than 10 individual limousines, but this restriction shall not limit the number of drivers' licenses.
Holders of an owner's license or driver's license shall, upon the nonuse of their licenses for any reason, upon demand of the Board of Police Commissioners, submit their licenses to the Police Department for cancellation. This shall not apply, however, when the vehicle used by the licensee is in the process of repair or the holder of a driver's license is sick, ill or disabled. In no event, however, shall the period of nonuse of the license extend over a period of 30 days.
The charge for carrying passengers from any point in the Borough to any other point in the Borough shall be established periodically by resolution of the Borough Council.
Every vehicle licensed hereunder shall have fastened in a conspicuous place therein a printed card showing the rates, herein provided for, in letters and figures of not less than 1/2 inch in height, which card shall bear the license number of such vehicle and also the name of the owner thereof.
Every vehicle licensed hereunder shall at all times bear in a conspicuous place upon such vehicle the words "Leonia Taxi" in letters of such character that the same may be easily distinguished at a distance of 50 feet.
[Amended 10-4-1982 by Ord. No. 949; 12-20-1982 by Ord. No. 956]
Every holder of a driver's license, when driving or operating any vehicle herein required to be licensed, shall have in his possession the license issued to him upon the payment of the actual cost thereof.
No owner's license shall be granted for any vehicle which is not strong, clean and in good repair, and it shall be the duty of the Board of Police Commissioners to cause an inspection of such licensed vehicles to be made at least once in each calendar month, and, in case any vehicle so licensed becomes unfit or unsuited for the transportation of passengers, said Board of Police Commissioners shall cause such license to be revoked.
[Amended 10-4-1982 by Ord. No. 949]
No vehicle herein required to be licensed shall be used or operated for the carrying of passengers, unless such vehicle is clean and in good repair.
[Amended 10-4-1982 by Ord. No. 949]
The Board of Police Commissioners is hereby authorized, empowered and directed to make and adopt regulations respecting the use of vehicles licensed hereunder and such other regulations as may promote the public convenience.
No driver or other person interested in or connected with any other vehicle licensed hereunder shall solicit customers in a noisy or offensive manner, nor at any place, other than the public hack stands, in any manner whatever.
No driver of any licensed vehicle which is disengaged shall refuse to carry any orderly person upon payment of the rate of fare herein fixed.
No driver of any vehicle licensed hereunder shall permit such vehicle, when disengaged, to stand in any public street or place, other than at a public hack stand, provided that nothing herein shall prevent such driver from waiting for a passenger in front of any building or place.
[Amended 10-4-1982 by Ord. No. 949; 12-20-1982 by Ord. No. 956]
Public hack stands are hereby established at such places as may be, from time to time, designated by the Board of Police Commissioners or by the Borough Council. Said Board of Police Commissioners or Borough Council may designate the character of the vehicle which may stand at any such public hack stand and may exclude all other vehicles from such stand.
The location and capacity of any such public hack stand shall be indicated by a sign substantially as follows: "Public Hack Stand, Capacity . . ."
No vehicle, other than one licensed hereunder and prepared to accept passengers upon request, shall stand at any such public hack stand.
Locations of public hack stands are limited to Broad Avenue and municipal parking lots.
[Amended 10-4-1982 by Ord. No. 949]
The Board of Police Commissioners is hereby authorized and empowered to revoke any license issued hereunder for the violation of any law of the State of New Jersey or the violation of any of the provisions of this chapter or for the violation of any of the rules and regulations made, adopted and promulgated by said Board of Police Commissioners in accordance with the provisions hereof. An owner's license may be revoked for misconduct of the driver of such licensed vehicle, if it appears that the owner of such vehicle had knowledge of such misconduct. No license shall be revoked until after the holder thereof shall be given a hearing by the Board of Police Commissioners, of which hearing at least 24 hours' written notice must be given to the holder of such license. The action of the Board of Police Commissioners in granting or refusing to grant licenses or in revoking licenses may be appealed to the Borough Council, which, after a hearing may, by resolution adopted by a majority of the whole Council, reverse the action of the Board of Police Commissioners.
The license fees herein imposed are imposed for the purpose of revenue.
[Added 12-20-1982 by Ord. No. 956]
License required. No person shall hire, keep or use for hire or pay or cause to be kept or used for hire or pay any limousine utilizing the Borough of Leonia as a principal place of business as expressed in N.J.S.A. 48:16-18 without having first obtained a license for that purpose from the Borough Clerk for such limousine, which license shall be known as a "limousine license." Such license shall be for a term of one year from the date of issuance and shall be renewable annually and shall be nontransferable.
Fee. The fee for the issuance of such license shall be the same as that indicated for a taxicab, in accordance with Chapter 123, Fees, of the Municipal Code. Each such vehicle used as a limousine shall be licensed separately
Qualifications. The Borough Clerk shall issue such license after satisfactory compliance by the applicant with the provisions of N.J.S.A. 48:16-13 to 48:16-22 and approval by the Chief of Police and Board of Police Commissioners and the payment of the aforesaid fee.
Form and content of license. There shall be a separate license issued for each limousine to be licensed. The license shall be in writing, numbered, signed by the Police Chief on a form provided by the Borough and shall contain the following information: the name, business address and business telephone number of the owner; the number of the license; the make, model, year, serial number and license plate number of the vehicle; and the name of the company supplying insurance coverage, the policy number and the name, address and telephone number of the insurance agent.
By whom issued. Limousine licenses or any renewal thereof shall be issued by the Borough Clerk and upon the approval of the Chief of Police, and no approval by the Borough Council is required.
At no time shall the Borough issue or have issued more than seven limousine licenses.
[Added 7-9-2001 by Ord. No. 13-01]
[Adopted 4-1-1985 by Ord. No. 1006]
All persons engaged in the taxicab business in the Borough of Leonia operating under the provisions of this section shall maintain an office in the business zone of the Borough with a Leonia phone number. The requirements for the operation of such office and the items to be located therein are as follows:
A duplicate of each taxicab license shall be displayed in a prominent location on the walls of the office. The owner shall also keep on file a copy of the taxicab drivers license for all drivers employed by him.
All taxicabs must be dispatched from this office.
The owner must keep a written record of all taxicab trips which shall include the following information for each:
The owner's copy of each vehicle inspection report which shall be kept for one year after such inspection.
All persons engaged in the taxicab business in the Borough of Leonia shall answer all calls received by them for services as soon as they can do so and if said services cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before the said call can be answered and give the reason therefor.
Any holder of a taxicab license who shall refuse to accept a call anywhere in the Borough limits at any time when such holder has available cabs; or who shall fail or refuse to give overall service, shall be deemed a violator of this chapter and the driver's license granted to such a holder shall be revoked at the discretion of the Board of Police Commissioners.
[Amended 10-4-1982 by Ord. No. 949]
Any person violating any of the provisions of this chapter shall, upon conviction, be punished as set forth in Chapter 1, Article 1, General Penalty.