[HISTORY: Adopted by the Township Council
of the Township of Ewing 4-8-2003 by Ord. No. 03-10. Amendments noted where
applicable.]
GENERAL REFERENCES
Fees — See Ch. 172.
[Amended 3-10-2009 by Ord. No. 09-04]
A.
Authority. The authority to license and regulate taxicabs
as set forth in N.J.S.A. 40:52-1 and N.J.S.A. 48:16-1 et seq.
B.
Scope. This article shall apply to all businesses
commonly known as taxicabs which are located in the participating
municipal areas. Nothing in this article shall be construed to regulate
limousines, livery services, hotel buses, buses employed solely in
transporting schoolchildren 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.
[Amended 8-13-2013 by Ord. No. 13-30]
C.
In addition to licenses issued in accordance with
this article, the Township of Ewing will recognize the validity of
duly authorized taxicab licenses issued by the participating municipalities
for purposes of the pickup and discharge of passengers within the
Township of Ewing, upon the adoption of reciprocal ordinances in those
participating municipalities, as provided hereunder.
[Amended 8-13-2013 by Ord. No. 13-30]
The following 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 Municipal Clerk of the Township of Ewing.
Transporting in a taxicab one or more persons for hire. Accepting
a passenger to be transported for hire from a point of departure within
the municipality to a destination within or outside the municipality
shall be considered operation of a taxicab within 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.
Any individual, copartnership, association, corporation or
joint stock company, their lessees, trustees or receivers appointed
by any court whatsoever (as defined in N.J.S.A. 48:16-1).
[Added 8-13-2013 by Ord. No. 13-30]
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 street, avenue, park, highway or other public place (as
defined in N.J.S.A. 48:16-1).
[Added 8-13-2013 by Ord. No. 13-30]
Any automobile, sport utility vehicle, crossover vehicle,
minivan, or motor car, commonly called taxi, engaged 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 state, and particularly accepts and discharges
such persons as may offer themselves for transportation from points
or places to points or places within or without the state. The capacity
of any taxicab under this definition shall not exceed seven passengers.
[Amended 8-13-2013 by Ord. No. 13-30]
A mechanical instrument or device by which the charge for
hire of a taxicab is mechanically calculated, either for the distance
traveled or for waiting time, or for both, and upon which such charge
shall be plainly indicated by means of figures, and which shall be
inspected and calibrated by the New Jersey Office of the Attorney
General, Division of Consumer Affairs, Office of Weights and Measures,
at least annually.
[Amended 8-13-2013 by Ord. No. 13-30]
A.
Taxicab operator's license. No person shall operate a taxicab in the municipality unless that person holds a valid taxicab operator's license issued by the Municipal Clerk. Any and all violators would be subject to the penalties provided in Chapter 1, Art. III, General Penalty, of the Code of the Township of Ewing.
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.
The owner of a taxicab shall display on the front quarter panels
on the driver and passenger sides and the rear center line of the
trunk the medallion number and the name of the municipality issuing
the license.
[Added 8-13-2013 by Ord. No. 13-30; amended 12-12-2017 by Ord. No. 17-31]
[Amended 8-13-2013 by Ord. No. 13-30; 6-24-2014 by Ord. No. 14-13]
A.
General provisions. 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/or 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, 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. 48:16-21 et seq., and the acts amendatory thereof or supplemental
thereto, relating to insurance.
(a)
The owner of the taxicab shall have filed with the Clerk of
the municipality in which such operation is permitted, an insurance
policy which shall be issued by an admitted insurance company duly
licensed to transact business under the insurance laws of this state
or a company registered to do business in the state, the policy providing
for not less than $35,000 of motor vehicle liability insurance coverage
or the amount of motor vehicle liability insurance coverage required
pursuant to section 1 of P.L. 1972, c. 197 (N.J.S.A. 39:6B-1), whichever
is greater, to satisfy all claims for damages, by reason of bodily
injury to, or the death of, any person or persons, resulting from,
or on account of, an accident, by reason of the ownership, operation,
maintenance, or use of such taxicab upon any public street; and to
satisfy any claim for damages to property of any person or persons,
resulting from, or on account of, an accident, by reason of the ownership,
operation, maintenance, or use of such taxicab upon any public street.
(b)
Nothing contained in this subsection shall prohibit the owner
of a taxicab from obtaining any additional amount of motor vehicle
liability insurance coverage from a company licensed outside the State
of New Jersey.
(c)
The consent shall be effective and operation thereunder shall
be permitted only so long as the insurance policy shall remain in
force to the full and collectible amounts as aforesaid.
(d)
The 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 taxicab or any fault in respect thereto, and shall be
for the benefit of every person suffering loss, damage or injury as
aforesaid.
(e)
If a licensed owner operates more than one taxicab, he may file with the Municipal Clerk, in lieu of the policy required by Subsection A(5)(a) above, a bond or insurance policy of a company duly licensed to transact business under the insurance laws of this state, in the sum of $50,000, which shall be a blanket insurance covering all cabs operated by such owner 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 taxicabs or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
B.
An owner's license granted under this chapter and pursuant to
N.J.S.A. 48:16-2 may be revoked by the Ewing Township Council, after
notice and hearing, whenever it shall appear that the person to whom
the consent was granted has failed to furnish or keep in force the
insurance policy or bond and power of attorney required by this chapter,
or to comply with any terms or conditions imposed by the board or
body granting the consent, or any law of this state.
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 Municipal Clerk. 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 fingerprints
taken and filed with the police of the municipality.
B.
Insurance. The applicant for a taxicab license shall file an insurance
policy conforming with the requirements of N.J.S.A. 48:16-3 or a bond
referred to in N.J.S.A. 48:16-4 and file concurrently a power of attorney,
wherein and whereby the owner shall appoint the chief fiscal officer
of the municipality 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 or bond filed.
[Amended 8-13-2013 by Ord. No. 13-30]
(1)
The Municipal Clerk, upon the filing of the required insurance policy
or bond, shall issue a certificate in duplicate showing that the owner
of the taxicab has complied with the terms and provisions of this
article. The certificate shall recite the name of the insurance company,
the number and date of expiration of the policy or bond, a description
of the taxicab insured thereunder, and the registration number of
the same. The duplicate certificate shall be filed with the Department
of Motor Vehicles before any such car is licensed as a taxicab. The
original certificate shall be posted in a conspicuous place within
the taxicab.
C.
False statement. Any person who shall make a false
statement in any license application or in any record or certificate
that he/she 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.
[Amended 8-13-2013 by Ord. No. 13-30; 6-24-2014 by Ord. No. 14-13]
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)
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.
(3)
State the name of the licensee of the taxicab by whom or which he/she
will be employed.
(4)
Be at least 21 years of age and a citizen of the United States or
a legal resident alien.
(5)
Be able to speak, read and write the English language.
(6)
At the time of making the initial application, have his/her fingerprints
taken and filed with the police of the municipality.
(7)
The applicant must file with the Municipal Clerk a certificate from
a licensed physician, setting forth that he/she has been examined
by a physician within 30 days prior to the date of the application.
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 he/she is granted a license to drive a taxicab.
(8)
Each operator or driver of the taxicab for which the owner thereof
is seeking the consent to operate in a municipality has submitted
to the performance of a criminal history record background check and
will submit to the performance of a criminal history record background
check every two years thereafter. The cost for the criminal history
record background checks, including all costs of administering and
processing them, shall be borne by the operator or driver of the taxicab.
(a)
A person shall be disqualified from operating or driving a taxicab
if a criminal history record background check required pursuant to
this subsection reveals a record of conviction of any of the following
crimes:
[1]
In New Jersey or elsewhere any crime as follows: aggravated
assault, arson, burglary, escape, extortion, homicide, kidnapping,
robbery, aggravated sexual assault, sexual assault or endangering
the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not
armed with or having in his possession any weapon enumerated in Subsection
r of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A.
2C:39-3, 2C:39-4, or 2C:39-9, or other than a disorderly persons or
petty disorderly persons offense for the unlawful use, possession
or sale of a controlled dangerous substance as defined in N.J.S.A.
2C:35-2.
[2]
In any other state, territory, commonwealth, or other jurisdiction
of the United States, or any country in the world, as a result of
a conviction in a court of competent jurisdiction, a crime which in
that other jurisdiction or country is comparable to one of the crimes
enumerated in Subsection B(7)(a)[1] of this section.
(b)
If a person who has been convicted of one of the crimes enumerated
in Subsection B(7)(a)[1] and [2] of this section can produce a certificate
of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the
criminal offense occurred outside New Jersey, an equivalent certificate
from the jurisdiction where the criminal offense occurred, the criminal
offense shall not disqualify the applicant from operating or driving
a taxicab.
(c)
The provisions of this subsection shall not apply to an operator
or driver of a taxicab who has received the consent to operate in
a municipality prior to the effective date of P.L. 2011, c. 135 (N.J.S.A.
48:16-2.1 et al.).
[Amended 8-13-2013 by Ord. No. 13-30; 6-24-2014 by Ord. No. 14-13]
A.
Forms. Applications for taxicab operator's licenses under this
chapter shall be made by the applicant upon forms furnished by the
Municipal Clerk. 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 Municipal
Clerk with proof that he/she holds a valid driver's license issued
by the New Jersey Division of Motor Vehicles.
C.
Convictions. At the time of the initial application and every two
years thereafter, the applicant shall provide the police with authorization
to review any records of criminal convictions for that individual
or the individual partners. Any costs associated with providing the
police with the authorizations to review any records of criminal convictions
will be borne by the applicant.
D.
Driving violations. At the time of application and at all times thereafter,
the applicant shall provide the Chief of Police or his designee with
authorization to review any records regarding motor vehicle infractions
for that individual or the individual partners. Any costs associated
with providing the police with authorization to review records of
motor vehicle infractions shall be borne by the applicant.
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 he/she 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.
G.
Fees. A nonrefundable fee (cash or money order) as provided in Chapter 172, Fees, shall be submitted with all license applications which, if approved, will be applied to the licensing fee.
H.
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 Municipal
Clerk and with the police. 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.
[Amended 6-24-2014 by Ord. No. 14-13]
A.
Review by Municipal Clerk. Each application shall be reviewed by
the Municipal Clerk for completeness. If the application is not complete,
the Municipal Clerk shall advise the applicant and no further action
shall be taken until the application is complete. If the application
is complete, the Municipal Clerk shall refer the application to the
Chief of Police for further action.
B.
Inspection of vehicle.
[Amended 12-12-2017 by Ord. No. 17-31]
(1)
Prior to the use and operation of any vehicle under the provisions
of the chapter of these Revised General Ordinances, the vehicle must
pass state inspection first, and then the vehicle shall be thoroughly
examined and inspected by the Department of Public Works, Road Division,
and must be found to comply fully with such reasonable rules and regulations
as may be prescribed by the Department. New vehicles may use dealer
inspection stickers if the vehicle was purchased in New Jersey.
(2)
Every vehicle operating under the provisions of this chapter shall
be inspected not less than every six months by the Department of Public
Works, Road Division, to insure the continued maintenance of safe
operating conditions and full compliance by the vehicle, with the
requirements of this section and the rules and regulations, and shall
have municipal inspection stickers affixed to the vehicle by the Department
of Public Works, Road Division.
(3)
No vehicle shall be licensed under this article until it has been
thoroughly and carefully inspected by the Department of Public Works,
Road Division, and found to be in a thoroughly safe, clean and fit
condition for transportation of passengers. If required, a taximeter
shall be attached to the vehicle. The taximeter shall be inspected
and approved by the New Jersey Office of the Attorney General, Division
of Consumer Affairs, Office of Weights and Measures.
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, he/she shall be
refused a license.
D.
Police review of applicant's driving record. Upon receiving
a completed application from the Municipal Clerk, the Chief of Police
shall review an applicant's driving record. Upon inspection,
the Chief of Police may reject an application upon determining that
an applicant's violations of traffic and/or motor vehicle laws
renders the applicant unfit for a taxicab operator's license.
If the Chief of Police rejects an application hereunder, applicant
shall receive a written response explaining said rejection.
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 police shall authorize the issuance of the license and the Municipal Clerk shall issue 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 Municipal Clerk and shall be conspicuously displayed within the taxicab. If upon inspection the taxicab is found to be in a safe condition for the transportation of passengers and conforms to the rules and regulations established under this chapter, and the applicant pays an annual inspection fee as provided in Chapter 172, Fees, to the authority so designated to certify inspections, the police shall authorize the issuance of the license and the Municipal Clerk shall issue a license to the applicant.
B.
The Municipal Clerk shall also furnish a small card,
not exceeding six inches and not less than four inches in length or
width, indicating the rates and fares. The card shall be conspicuously
displayed within the vehicle.
A.
General. A badge shall be issued to each licensee under this article 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 he is engaged in his employment. If any badge becomes lost or destroyed, a new badge shall be furnished by the Municipal Clerk upon payment of the sum as provided in Chapter 172, Fees.
B.
Sale or loan of badge 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 Municipal Clerk with
any license.
A.
General. 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 Township, for conducting or engaging
in the business aforementioned. The term of each license issued shall
expire on the last day of May of the year following issue.
B.
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.
General. Taxicab owners' licenses may be renewed from
year to year by the Municipal Clerk after vehicle inspection by the
police or other designee, as determined by the municipality. Taxicab
operators' licenses may be renewed from year to year by the Municipal
Clerk.
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 Municipal Clerk.
C.
Time for filing. The renewal application shall be
filed no later than December 1 of the year of issue, which requirement
may be waived or the period extended for good cause by the Municipal
Clerk.
[Amended 12-12-2017 by Ord. No. 17-31]
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 Municipal Clerk 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 as provided in Chapter 172, Fees.
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 Police Inspector or other designee
of the municipality who may perform inspections may authorize the
extension of a license for a fourteen-day period.
[Amended 3-10-2009 by Ord. No. 09-04]
A.
General. 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.
B.
Posting of license identification.
(1)
There shall be posted in a conspicuous place on the
inside of each taxicab 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 Municipal Clerk.[1]
[1]
Editor’s Note: Former Subsection B(2), concerning keeping
a street map of Mercer County in cabs, which immediately followed
this subsection, was repealed 12-12-2017 by Ord. No. 17-31.
C.
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 Municipal Clerk's office 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 Municipal Clerk's office, in writing, within 72 hours of such loss. The Municipal Clerk shall charge any licensee a fee as provided in Chapter 172, Fees, to replace any lost badge, book or document.
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 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.
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 on its exterior.
Each taxicab shall also conspicuously display the medallion certifying
that an annual inspection has been completed next to the painted numbers
assigned by the Municipal Clerk on the front panels, on the front
quarter panels on the driver and passenger sides and on the left rear
section and the rear center line of the trunk of the taxicab.
[Amended 12-12-2017 by Ord. No. 17-31]
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.
Taxicabs; additional passengers. No taxicab operator
shall delay an immediate departure or otherwise accommodate additional
passengers without the express permission of the first passenger to
hire the taxicab.
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.
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. All off-duty vehicles shall be stored and maintained
in strict accordance with the applicable land use codes of the Land
Development Regulations of the Township of Ewing.
[Amended 8-13-2013 by Ord. No. 13-30]
P.
Operation of vehicles. No operator of a taxicab shall
operate his/her vehicle in a manner to endanger a passenger or any
other person.
Q.
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.
R.
Accidents; reporting and repair. Every owner of a
licensed taxicab which is involved in an automobile accident shall
provide the police with a copy of the accident report within five
working days after 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 after the date of the accident. The police
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
his/her taxicab license.
S.
Inspection of vehicles. The owner and operator of
a taxicab shall permit the police or any law enforcement officer to
inspect such vehicle at any and all times.
T.
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.
U.
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.
V.
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.
W.
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). A vehicle owned by a currently licensed operator which
is in excess of 84 months as of the effective date of this chapter
or a new license with a vehicle in excess of 84 months of age may
obtain a waiver of the eighty-four-month requirement 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 Police Inspector 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.
[Amended 8-13-2013 by Ord. No. 13-30]
X.
Receipts. The operator of any taxicab shall, upon demand by any passenger,
render to such passenger a receipt for the amount charged, on which
shall contain 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. All negotiated fares shall be recorded and a receipt issued
to the customer.
[Amendedd8-13-2013 by Ord.
No. 13-30]
Y.
Safety equipment. Every taxicab 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 Municipal Clerk and the
Municipal Police. All licenses for vehicles and operators shall be
issued by the Municipal Clerk.
B.
License registry. The Municipal Clerk 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 complete record of inspections made of them. All
applications for licenses shall be filed by the Municipal Clerk 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 Municipal Clerk
of the municipality.
The governing body of the municipality may designate
taxicab stands within its jurisdiction if and when it shall deem such
action necessary for the convenience of the public, but no designation
shall become effective until the designation has been approved and
adopted by ordinance by the governing body. 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 under this chapter.
[Amended 8-13-2013 by Ord. No. 13-30]
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 passengers desiring
to alight have done so or stand in the prohibited space waiting for
passengers.
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 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 of the participating municipal
areas may stand at any designated taxi stand in the participating
municipalities. Each participating municipality will designate its
own taxi stands for its own municipality, which shall then be distributed
to the respective clerks of the other participating municipalities
for distribution to its licensees.
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 Township of Ewing and license suspension and revocation in addition to such civil or criminal prosecution as may be appropriate. Penalty for a first offense shall be a monetary fine up to $500; penalty for a second offense shall be a monetary fine up to $1,000; and penalty for third and subsequent violations is a monetary fine up to $2,000.
[Amended 8-13-2013 by Ord. No. 13-30]
B.
Notice of revocation hearing. Notice of a hearing
for the revocation of a license or permit shall be given in writing
by the Municipal Clerk. 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 panel
of municipal clerks of the participating municipalities or designees
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 panel of municipal clerks or designees thereof shall revoke or
suspend the license if it 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 Municipal Clerk and/or the police to immediately
suspend such license for a period not exceeding 14 days, pending the
giving of notice and holding of hearing, whenever, in the opinion
and discretion of the Municipal Clerk and/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 taxicab.
The Municipal Clerk shall notify the Chief of 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 governing body of the municipality
in which the offense occurred within 30 days of the receipt of the
decision by filing a written request for review by the governing body
with the Municipal Clerk within the thirty-day period.
Each participating municipality will require
the metering of its taxicabs in accordance with the standards hereafter
upon the enforcement date of this chapter on May 1, 2003.
A.
Each taxicab shall have affixed thereto a taximeter
of a size and design approved by the panel of municipal clerks of
the participating municipal areas. Each taximeter shall be so placed
that the dial thereof shall at all times be within the plain view
of all passengers in the vehicle.
B.
No license for a taxicab shall be issued until the
taximeter attached thereto shall have been inspected and found to
be accurate.
C.
No person shall use or permit to be used upon any
taxicab a taximeter which shall be in such a condition as to be more
than 5% incorrect to the prejudice of any passenger.
D.
The face or dial of every taximeter shall be illuminated
by a suitable light, which shall be so arranged as to throw a continuous
steady light thereon from one hour after sunset until one hour before
sunrise.
E.
No person shall use or drive for hire or permit to
be so used or driven any taxicab equipped with a taximeter the case
of which is unsealed or the cover or gear of which shall not be intact.
F.
No operator of any taxicab equipped with a taximeter
shall, while carrying any passenger or under employment, display the
signal affixed to the taximeter in such a position as to indicate
that he is then employed at a rate of fare different from that to
which he is entitled under the provisions of this chapter.
G.
No person shall drive or permit to be driven any taxicab
to which is attached a taximeter which shall not have been duly inspected
and approved.[1]
[1]
Editor’s Note: Former Subsection H, stating the duty
of police to cause all taximeters to be examined, inspected, and sealed
every year; Subsection I, concerning the testing of taximeters; and
Subsection J, requiring owners of taxicabs to deliver the taxi or
taximeter to police for testing on demand, all of which followed this
subsection, were repealed 12-12-2017 by Ord. No. 17-31.
[Amended 8-13-2013 by Ord. No. 13-30]
The maximum charges that may be made or requested by owners and operators of taxicabs who are subject to licensing under this chapter, for transportation of passengers and other services incidental thereto either entirely within the municipality or originating or terminating entirely within the participating municipal areas, are hereby fixed as provided in Chapter 172, Fees.
A.
The rates and the contact information for the cab company shall be
displayed and posted conspicuously in each taxicab on a placard that
shall be permanently affixed to the front passenger dashboard and
either the rear passenger windows or the back of the front passenger
seat.
B.
Any fare originating and terminating inside the participating municipal
area shall be metered. Fares terminating or originating outside the
participating municipal area shall be based on the negotiation of
the parties, which shall be set and agreed to prior to the commencement
of the fare. A receipt shall be issued to the customer for all negotiated
rates.
The following described locations are hereby
designated as taxi stands:
|
Stand Number
|
Location
|
Number of Cabs
|
|---|---|---|
|
1
|
West Trenton Railroad Station, subject to the
approval of the Reading Railroad Company
|
1
|
|
2
|
Mercer County Airport, Scotch Road, subject
to the approval of Mercer County
|
6
|
|
3
|
Hamilton Train Station subject to approval by
New Jersey Transit
|
1
|
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 municipality.
Nothing in this chapter shall be construed to regulate hotel buses,
buses employed solely in transporting schoolchildren 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 meanings given herein:
Any automobile or motor car, 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 Township,
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.
[Amended 8-13-2013 by Ord. No. 13-30]
Includes the business of carrying passengers for hire by
limousines.
A.
Limousine operator's license. No person shall operate
a limousine in the municipality unless that person holds a valid limousine
operator's license issued by the Municipal Clerk.
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.
General. 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.
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.
C.
Each operator or driver of the limousine for which the owner thereof
is seeking the consent to operate in a municipality must submit to
the performance of a criminal history record background check and
will submit to the performance of a criminal history record background
check every two years thereafter. The cost for the criminal history
record background checks, including all costs of administering and
processing them, shall be borne by the operator or driver of the limousine.
[Added 12-12-2017 by Ord.
No. 17-31[1]]
D.
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.
E.
Prior license revocations. The applicant must have
no record or prior revocation by any jurisdiction of a license related
to the 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.
F.
Insurance.
(1)
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 to insurance.
(2)
In the event of the cancellation of a 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
Municipal Clerk for the remainder of the license year.
General. 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 and a citizen of the United States or a legal resident alien.
B.
New Jersey driver's license. The applicant must have
a valid driver's license issued by the State of New Jersey with no
suspensions or revocations of license in any jurisdiction for the
preceding two years, except for suspensions and revocations purely
administrative in nature.
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 he/she 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.
Fingerprints. The applicant, at the time of making
the initial application, must have his/her fingerprints taken and
filed with the police of the municipality.
G.
Knowledge of law, regulations and geography of the
Township. 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 Township.
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 Municipal Clerk. 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 Municipal Clerk 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 he/she 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.
A.
Forms. Applications for limousine operators' licenses
under this chapter shall be made by the applicant upon blank forms
to be furnished by the Municipal Clerk. 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 Municipal Clerk with proof that he/she 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 Municipal Clerk
and with the police. 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 Municipal
Clerk 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 he/she 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.
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 the fee for an operator's
license.
[Amended 12-12-2017 by Ord. No. 17-31]
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 Municipal Police 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
Municipal Police 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 Municipal 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 Municipal 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 the Municipal Clerk after vehicle inspection
by the police or other designee, as determined by the municipality.
Limousine operators' license may be renewed from year to year by the
Municipal Clerk.
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 Municipal Clerk.
C.
Time for filing. The renewal application shall be
filed no later than May 1 of the year of issue, which requirement
may be waived or the period extended for good cause by the Municipal
Clerk.
[Amended 8-13-2013 by Ord. No. 13-30]
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 Municipal Clerk 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 as provided in Chapter 172, Fees.
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 Police Inspector or other designee
of the municipality who may perform inspections may authorize the
extension of a license for a fourteen-day period.
[Amended 3-10-2009 by Ord. No. 09-04]
A.
General. 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.
B.
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 Municipal
Clerk.
C.
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 Municipal Clerk's office 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 Municipal Clerk's office, in writing, within 72 hours of such loss. The Municipal Clerk shall charge any licensee a fee as provided in Chapter 172, Fees, to replace any lost badge, book or document.
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 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.
E.
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.
F.
Insurance identification card. The insurance identification
card shall be posted in a conspicuous place within the vehicle.
G.
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.
H.
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.
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. All off-duty vehicles shall be stored and
maintained in strict accordance with the applicable land use codes
of the Land Development Regulations of the Township of Ewing.[1]
[Amended 8-13-2013 by Ord. No. 13-30]
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.
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.
L.
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 Police Inspector 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.
M.
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 contain 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.
N.
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 of the New Jersey Statutes before transporting
them from point of pickup.
A.
General. The enforcement of the provisions of this
chapter shall be under the control of the Municipal Clerk and the
Municipal Police. All licenses for vehicles and operators shall be
issued by the Municipal Clerk.
B.
License registry. The Municipal Clerk 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 complete record of inspections made of them. All
applications for a license shall be filed by the Municipal Clerk 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 Municipal Clerk
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 Township of Ewing and 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 Municipal Clerk. 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 panel
of municipal clerks of the participating municipalities or designees
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 panel of municipal clerks or designees thereof shall revoke or
suspend the license if it 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 Municipal Clerk and/or the police to immediately
suspend such license for a period not exceeding 14 days, pending the
giving of notice and holding of hearing, whenever, in the opinion
and discretion of the Municipal Clerk and/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 Municipal Clerk shall notify the Chief of 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 governing body of the municipality
in which the offense occurred within 30 days of the receipt of the
decision by filing a written request for review by the governing body
with the Municipal Clerk within the thirty-day period.
