Title
ORDINANCE TO AMEND AND SUPPLEMENT TITLE 34, TRANSPORTATION, CHAPTER 1, TAXICABS, OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NJ 2000, AS AMENDED AND SUPPLEMENTED, TO REPEAL SECTION 34:1-5(C) AND RESTORE PREVIOUS LANGUAGE REGARDING NUMBER OF LICENSES TO BE ISSUED.
SPONSOR: Rice & Gonzalez
Deferred 6PSF-c 021612 / PHO
Deferred 6PSF-c 040412 / PHO
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WHEREAS, Ordinance 6PSF-I 090110, was adopted by Municipal Council amending Section 34:1-5(c); and
WHEREAS, it is deemed advisable by Corporation Counsel and the Municipal Council to repeal the amendments to Section 34:1-5(c) of Title 34 and have it removed from the codification of the Ordinances of the City of Newark and amended to restore the preexisting language.
NOW THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, COUNTY OF ESSEX, AND STATE OF NEW JERSEY:
[Note: Additions are noted as underlined text and deletions as strike-outs.]
Section 1. Section (c) of Ordinance 6PSF-I 090110 be and is hereby repealed in its entirety, and Title 34, Chapter 1 Taxicabs is amended to restore the preexisting language as follows:
34:1-5. ISSUANCE OF TAXICAB LICENSE; NUMBER LIMITED.
a. If the Manager after review by the Taxicab Commission finds that the applicant is fit, willing, and able to perform such public transportation and in accordance with the provisions of this chapter and the rules promulgated by the Manager, then the Manager shall issue a license stating the name and address of the applicant, the date of issuance and the year, type and model of the vehicle; otherwise, the application shall be denied. In making the above findings, the Manager and the Taxicab Commission shall take into consideration the character, experience and responsibility of the applicant.
b. No license or renewal thereof shall be issued for any taxicab which shall not have had installed a partition in accordance with the requirements of Section 34:1-22, and the continuous maintenance of such partition shall be a condition of the license.
c. The number of licenses issued and in use in the City at any one time shall not exceed six hundred fifty (600)(650). For any new, unrestricted licenses issued subsequent to September 1, 2010, the Division of Taxicabs shall establish a procedure for issuance thereof, which licenses shall hereinafter be referred to as the Additional Taxicab Licenses. The Division of Taxicabs may issue all or a portion of the Additional Taxicab Licenses available (or those revoked and not issued) to qualified persons. Issuance of the Additional Taxicab Licenses and all other available licenses shall be made through application for a license, submitted by the each applicant in accordance with the procedures to be established by the Division of Taxicabs. The numbers for the Additional Taxicab Licenses shall be set by the Manager.
Section 2. Any prior ordinances or parts thereof inconsistent herewith are hereby repealed.
Section 3. If any part of this ordinance is declared unconstitutional or illegal, the remaining provisions shall continue in full force and effect.
Section 4. The repeal of Ordinance 6PSF-I 090110, shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
The purpose of this Ordinance is to repeal in its entirety Ordinance 6PSF-i 090110, which amended and supplemented Title 34, Chapter 1, which will decrease the number of unrestricted taxicab licenses in the City of Newark from 650 to 600.