Montclair Municipal Code Ch. 4.68 Taxicabs

Every person operating a taxicab within the City shall obtain a business license therefor and pay to the City the business license fee provided for by Chapter 4.04 of this Code. The business license shall be issued in the manner provided by said Chapter 4.04 for the issuance of other business licenses but shall not be issued for the use of any taxicab until a permit for the use of such taxicab has been obtained as provided in this chapter.

(Prior code § 5-5.02)

No owner shall operate any taxicab owned or controlled by such owner in the business of carrying passengers for hire or maintain any taxicab stand unless such owner has a permit so to do as provided in this chapter.

(Prior code § 5-5.03)

Any owner desiring to obtain a taxicab permit shall make an application therefor to the Council. Each application shall be accompanied by a bond or policy of insurance and the permit fee required and shall be in writing setting forth the following information:

A. The name, age, and business and residence addresses of the applicant, if a natural person; if a corporation, its name, the date and place of incorporation, the address of its principal place of business, and the names of its principal officers, together with their respective residence addresses; or if a partnership, association, or unincorporated company, the names of the partners or of the persons comprising such association or company and the business and residence address of each partner or person;

B. A description of each taxicab which the applicant proposes to use, the name of the manufacturer, the engine and serial numbers, and the State license number thereof;

C. The name, monogram or insignia proposed to be used on each taxicab;

D. The schedule of rates of fare proposed to be charged for carrying passengers in such taxicabs;

E. The street number and exact location of the place or places where the applicant proposes to stand each taxicab;

F. If the applicant desires a taxicab stand upon a public street within the City, the applicant shall so state in his or her application and shall set forth the names and respective addresses of all lessees, sublessees and owners in actual or constructive possession of the ground floor of any building or parcel of real property contiguous to that portion of the street where the taxicab stand is proposed to be located; the applicant shall also accompany the application with the written consent of all such lessees, sublessees and owners of the building or parcel of real property to the location of such taxicab at the proposed location; the signatures of such lessees, sublessees and owners shall be acknowledged before a duly commissioned notary public;

G. Such additional information as the Council may require; and

H. If the Council requires, the applicant shall appear personally before the Council, if the applicant shall be an individual, and the officers of such applicant shall so appear personally if the applicant shall be a corporation.

(Prior code § 5-5.04)

A. Upon receipt of an application for a taxicab permit, the Council shall make an investigation and may thereafter grant the same if it shall find:

1. That the bond or policy of insurance required by the provisions of this chapter has been furnished, that the same is in the form required, and that the surety thereon is approved by the Council;

2. That each taxicab described is adequate and safe for the purpose for which it is to be used and is equipped as required by the provisions of this chapter;

3. That the applicant is of good moral character, has complied with all the terms and conditions of this chapter, and is competent to operate a taxicab business;

4. That the public convenience or necessity requires the operation of such taxicabs within the City;

5. That the name, monogram or insignia to be used upon the taxicabs is not in conflict with and does not imitate any other name, monogram or insignia used by any other person licensed by the Council in such a manner as to be misleading or tend to deceive or defraud the public;

6. If a taxicab stand has been applied for, that the location of the taxicab stand is such that it will not congest or interfere with travel on any street and is not prohibited by any law of the City; and

7. That the schedule of rates of fare proposed to be charged is fair and reasonable.

B. The granting of the permit shall constitute the approval of the Council of the proposed schedule of rates.

(Prior code § 5-5.05)

A permit fee shall be required for every person requesting a permit pursuant to the provisions of this chapter. The permit fee shall be in addition to any business license fee which the permittee shall be required to pay. The permit fee shall be Five (5) Dollars when no taxicab stand permit is requested. When a permit for a taxicab stand is requested, an additional sum of Five (5) Dollars shall be required for the stand. In the event an application is denied, the permit fee posted with the application shall be refunded to the applicant after first deducting therefrom all costs sustained by the Council in investigating any action upon the application.

(Prior code § 5-5.06)

No permittee shall operate any taxicabs in addition to those specified in his or her permit without making application for a permit so to do and without being granted a permit as provided in this chapter.

(Prior code § 5-5.07)

In the event any permittee should desire to replace any taxicab for which he or she has a permit with another taxicab, the permittee shall apply to the Council for a permit so to do. Such application shall be accompanied by all the pertinent information and data required to be furnished by the provisions of this chapter and shall be accompanied by a bond or policy of insurance as required by Section 4.68.200 of this chapter. In the event the Council finds that such taxicab fulfills the requirements set forth in this chapter, it shall grant a permit for such replacement. The findings and decision of the Council upon the application shall be final.

(Prior code § 5-5.08)

No license or permit granted by the Council pursuant to the provisions of this chapter shall be transferred to another person.

(Prior code § 5-5.09)

A. Any permit granted pursuant to the provisions of this chapter may be revoked by the Council for violating of the provisions of this chapter or of any other law of the City or of the State, or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether the state of facts existed at the time the application was made for such permit or not.

B. No permit shall be revoked except in the following manner:

1. Notice of Hearing. The Council shall fix a time and place for a hearing on the revocation of the permit and shall cause the City Clerk to serve the permittee with notice of the time and place of hearing, together with a statement of charges which are the basis for rise hearing, at least 10 days before the time fixed for the hearing.

2. Notice of Hearing: Service. The City Clerk may serve the notice and statement upon the permittee personally or by delivering the same by registered United States mail, postage prepaid, to the permittee at the address given in his or her application for the permit.

3. Hearing. The hearing shall be public, and the permittee shall have the right to produce witnesses on his or her own behalf and to be represented by an attorney.

4. Findings and Decision. The findings and decision of the Council upon such hearing shall be final and conclusive.

(Prior code § 5-5.10)

In the event the permit of any person has been revoked by the Council, such person shall not be granted a permit for a period of six months after such revocation.

(Prior code § 5-5.11)

In the event the taxicab permit of any person has been revoked by the Council, such person shall not drive any taxicab within the City for a period of six months after the revocation of such permit.

(Prior code § 5-5.12)

The Council shall designate in any permit granted by it the exact location of the taxicab stand. Such permit shall also specify the exact number of feet and location of any parking or stand space reserved for the taxicab stand, which reserved space may be at any time changed, diminished or increased by the Council. Every taxicab stand as designated by the Council shall be indicated by red paint or other red material upon the entire curb surface thereof with the words "Taxicabs Only" in white letters thereon.

(Prior code § 5-5.13)

Any taxicab stand may be used jointly by any two or more persons holding permits pursuant to the provisions of this chapter by the mutual consent of the persons, which consent shall be reduced to writing, properly signed, and filed with the City Clerk.

(Prior code § 5-5.14)

No taxicab stand shall be changed without obtaining a permit from the Council after application as provided in this chapter.

(Prior code § 5-5.15)

In the event any person holding a permit to operate and maintain a taxicab stand should fail for a period of two consecutive weeks to use such taxicab stand for his or her taxicabs, the Council may revoke such taxicab stand permit after a hearing as provided in Section 4.68.090 of this chapter.

(Prior code § 5-5.16)

No person shall park any vehicle in any taxicab stand except a taxicab permitted so to do by permit granted by the Council.

(Prior code § 5-5.17)

No owner or driver of any taxicab shall park or stand the same upon any public street in the City, other than at a taxicab stand for which the owner has a permit, for any period of time longer than is necessary to discharge passengers occupying the taxicab or to receive passengers waiting for the taxicab; provided, however, no taxicab shall be parked for a period longer than five minutes on any street within the City except in a taxicab stand for which the owner has a permit. The provisions of this section shall not apply to any taxicab while the same is engaged by and being paid for by a passenger.

(Prior code § 5-5.18)

No owner or driver of any taxicab within the City shall charge any rate different from the schedule of rates on file and approved by the Council.

(Prior code § 5-5.19)

Should an owner of a taxicab desire to change his or her schedule of rates, the owner shall make written application to the Council so to do. Upon receiving such application, the Council shall conduct a public hearing upon the application and shall give the applicant at least 10 days' written notice of the time and place of such hearing. Upon the hearing, the Council shall determine whether the rates shall be changed and shall have the right to deny the application or make such changes as it determines the facts warrant. The decision of the Council upon the hearing shall be final and conclusive.

(Prior code § 5-5.20)

No owner or driver of a taxicab shall drive or operate a taxicab within the City, and no permit for the operation thereof shall be granted, unless there is on file with the City Clerk and in full force and effect at all times while such taxicab is being operated either:

A. Bond. A bond of the owner of such taxicab, approved by the Council, with a solvent and responsible surety company authorized to do business in the State as surety in the sum of Fifty-Five Thousand (55,000) Dollars, conditioned that the owner will pay all losses or damages which may result to persons (including passengers in the taxicab) or property from the negligent operation or defective construction of such taxicab or from the violation of the provisions of this chapter or any other law of the City or the State. Recovery on such bond shall be limited to Twenty-Five Thousand (25,000) Dollars for the injury or death of one person and Fifty Thousand (50,000) Dollars for the injury or death of more than one person, and to Five Thousand (5,000) Dollars for injury or destruction of property. The bond shall run to the City and shall inure by its terms to the benefit of any and all persons suffering loss or damage covered thereby and shall provide that suit may be brought thereon in any court of competent jurisdiction by any such person. The board shall provide that there shall be a continuing liability thereon, notwithstanding any recovery thereon. If at any time, in the judgment of the Council, the bond is not sufficient for any reason, the Council may require the owner to replace the bond with another bond or with a policy of insurance, as provided in subsection B of this section, satisfactory to the Council and, in default thereof, the Council may revoke such owner's permit and license; or

B. Insurance. A policy of insurance, approved by the Council, in a solvent and responsible company authorized to do business in the State, insuring the owner of such taxicab against losses by reason of injuries or damages which may result to persons (including passengers in the taxicab) or property from the negligent operation or defective construction of such taxicab or from violations of the provisions of this chapter or any other law of the City or of the State. Such policy may be limited to Twenty-Five Thousand (25,000) Dollars for the injury or death of one person, Fifty Thousand (50,000) Dollars for the injury or death of two or more persons in the same accident, and to Five Thousand (5000) Dollars for destruction of property. Such policy of insurance shall guarantee the payment to any and all such persons suffering injuries or damages to persons or property and to those entitled to recover for the death of any such person from any final judgment rendered against such owner within the limits above mentioned, irrespective of the financial condition or any actions or omissions of such owner, and shall inure to the benefit of such persons and those entitled to recover for the death of any such person. If at any time such policy of insurance shall be cancelled by the company issuing the same, or the authority of such company to do business in the State shall be revoked, or in the judgment of the Council the company is insolvent, the Council shall require the owner to replace such policy with another policy or bond, as provided in subsection A of this section, satisfactory to the Council, and, in default thereof, the Council may revoke such owner's permit and license.

(Prior code § 5-5.21)

It is unlawful for any person to operate or drive any taxicab in the City unless such person:

A. Is over the age of 21 years;

B. Is of good moral character;

C. Can speak the English language sufficiently to deal with passengers; and

D. Possesses a chauffeur's license issued by the Department of Motor Vehicles of the State.

(Prior code § 5-5.22)

It shall be unlawful for any person engaged in the business of carrying passengers for hire to advertise such business or solicit patronage therefor by public outcry or oral solicitation on any public street.

(Prior code § 5-5.23)

It is unlawful for any person to drive or operate any taxicab for more than 12 hours spread over a total of 16 consecutive hours or to operate or drive any taxicab after having been on duty, either operating or driving a taxicab, or in any office or garage of the holder of any taxicab permit, or at any taxicab stand, or any combination of such acts, for more than 12 consecutive hours spread over a total of 16 consecutive hours. It is unlawful for any person to drive or operate any taxicab unless such driver has had at least eight consecutive hours rest, while not on duty, within the last preceding 24 (24) hours, during which eight consecutive hours the driver shall have performed no acts or duties in connection with the taxicab business.

(Prior code § 5-5.24)

It is unlawful for any person to refuse to pay the legal fare of any taxicab after having hired the same or to hire any taxicab with the intent to defraud the person from whom it is hired.

(Prior code § 5-5.25)

It is unlawful for any operator, driver or owner of any taxicab to solicit or carry any passenger after such taxicab shall have been engaged or while in use for another passenger without the consent of the passenger first engaging the same having been first obtained. Passengers engaging such taxicab shall have the exclusive right to the full and free use of the passenger compartment, and the whole thereof, if they desire the same.

(Prior code § 5-5.26)

It is unlawful for any owner to drive a taxicab within the City while the taxicab, or any of the equipment used thereon or therewith, shall be in a defective, unsafe or unsanitary condition. Every taxicab shall at all times be subject to the inspection of any police officer or health inspector of the City.

(Prior code § 5-5.27)

The driver of a taxicab shall carry passengers by the most direct route possible which will carry such passengers safely and expeditiously to their destination.

(Prior code § 5-5.28)

Every taxicab shall have painted or affixed upon the exterior part of a door on each side of the taxicab the name of the owner or the fictitious name under which the owner operates, together with the telephone number of the owner, in distinct letters not less than 2 1/2 inches in height and not less than 5/16-inch stroke.

(Prior code § 5-5.29)

No person shall change its name, monogram or insignia without first making application to the Council for a new taxicab permit and the granting of such permit.

(Prior code § 5-5.30)