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AN ORDINANCE AMENDING TITLE 34, TAXICABS, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, TO ADD A PENALTY PROVISION FOR VIOLATIONS OF RESTRICTIVE ENDORSEMENTS AT NEWARK LIBERTY INTERNATIONAL AIRPORT
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WHEREAS, the City of Newark regulates taxicab operations to protect the public, maintain fair business practices, and ensure the integrity of its licensing system; and
WHEREAS, the City of Newark has established a Restrictive Endorsement process for licensed Newark taxicabs, which allows a limited number of vehicles to operate at Newark Liberty International Airport under strict conditions; and
WHEREAS, it is necessary to add an enforcement mechanism to deter and penalize violations of the terms and conditions of such endorsements, including violations committed by taxicabs or for-hire vehicles licensed outside of the City of Newark; and
WHEREAS, the regulation of Transportation Network Company (TNC) vehicles such as Uber and Lyft is preempted by State law, N.J.S.A. 39:5H-1 et seq., and therefore this amendment is not intended to apply to TNCs.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Note: Additions are shown in Bold and Underlined. Deletions are shown in Strikeouts.
Section 1. Title 34, Taxicabs, Chapter 34:1, Article 3, Section 34:1-5 of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is amended as follows to add sub (f) Violation of Restrictive Endorsements
(f) Violation of Restrictive Endorsements.
The penalties in this subsection shall apply to:
Any taxicab or for-hire vehicle licensed by another municipality, county, or state that operates or attempts to operate at Newark Liberty International Airport without a valid Restrictive Endorsement; and
Any individual or vehicle that misuses, fraudulently displays, or attempts to operate under a Restrictive Endorsement not issued to them.
Penalties.
(a) First violation: fine of $500.00.
(b) Second violation: fine of $800.00.
(c) Third and subsequent violations: fine of not less than $1,000.00 and not more than $2,000.00.
In addition to monetary penalties, the Office of Taxicabs may suspend or revoke the Restrictive Endorsement at its discretion.
Section 2. Any ordinance or parts of any ordinance inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
Section 3. If any section, paragraph, subparagraph, clause, or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the specific section, paragraph, subparagraph, clause, or provision so adjudged, and the remainder of the ordinance shall be deemed valid and effective.
Section 4. This ordinance shall become effective upon its passage and publication pursuant to law.
STATEMENT
This ordinance amends Title 34, Taxicabs, Chapter 34:1, Article 3, Section 34:1-5 of the Revised General Ordinances of the City of Newark, New Jersey, 2000, to add a new subsection (f), Violation of Restrictive Endorsements. The new provision establishes graduated penalties for violations of restrictive endorsements issued by the Office of Taxicabs for operation at Newark Liberty International Airport.