[HISTORY: Adopted by the Borough Council
of the Borough of Glen Rock 4-22-1974 as part of Ord. No. 792 (Ch. XI of the
1971 Revised General Ordinances). Amendments noted where applicable.]
As used in this chapter, the following words
shall have the meanings indicated:
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 borough to a destination within or without the borough shall be
considered operation of a taxicab within the borough. 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 driver in any
motor vehicle bearing a sign using the words "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.
A motor vehicle used to transport passengers for hire which
does not operate over a fixed route and is not hired by the day or
hour.
No person shall operate a taxicab within the
borough unless both the owner and the driver of the taxicab are licensed
under this chapter.
A.
Driver's license. The holder of a taxicab driver's
license shall be entitled to operate within the borough any taxicab
whose owner has been licensed under this chapter.
B.
Owner's license. The holder of a taxicab owner's license
shall be entitled to operate a taxicab owned by him or her within
the borough, provided that the person driving the cab holds a valid
taxicab driver's license.
A.
Application information.
(1)
Application for a taxicab owner's license shall be
made to the Borough Clerk on forms provided by him or her and referred
to the Chief of Police. The forms and the information required thereon
shall be established by the Council by resolution.
(2)
Applications shall be verified by oath or affirmation.
Applications by a partnership shall give the information required
for each partner and shall be verified by all partners. Applications
by a corporation shall give the information required for and be verified
by all officers and directors and all persons holding more than 10%
of the corporation's common stock, as well as the corporation itself.
B.
Notice of hearing. The Chief of Police shall advise
the Council of the filing of all applications. The Council shall set
a date for a hearing on the application and shall notify the applicant.
The date set shall be within a reasonable time after the filing of
the application and the applicant shall be required to give at least
five days' notice of the hearing by publication in a newspaper circulating
in the borough.
C.
Investigation. The Chief of Police or a police officer
designated by him or her shall investigate the application. A report
containing the results of the investigation and evaluation, a recommendation
by the Chief of Police that the license be granted or denied and the
reasons for his or her recommendation shall be forwarded to the Council
at least three days before the date set for the hearing. A copy of
the report shall also be sent to the applicant.
D.
Conduct of hearing. At the hearing, any person who
is a resident or taxpayer of the borough may appear in person and
make a brief statement or submit a written statement in support of
or in opposition to the granting of a license. In addition, the applicant
and any other person who will be affected by the granting or denial
of the license other than as a borough resident or taxpayer shall
have the right to be represented by any attorney, to testify himself
or herself or to present witnesses in support of his or her position,
to cross-examine opposing witnesses and, at his or her own expense,
to have a stenographic record made of the proceedings.
E.
Factors considered. In determining whether to grant
or deny the license, the Council shall take into consideration the
following factors:
(1)
The character, business and financial responsibility
and experience of the applicant and the probability that, if granted
a license, the applicant will operate his or her taxicab in accordance
with the provisions of this chapter.
(2)
Any other factors directly related to the granting
or denial of the license which would substantially affect the public
safety or convenience.
F.
Issuance of license. The Council shall by resolution
grant or deny the license. If the application is approved, the Clerk
shall issue the license on forms established by the Council by resolution.
The taxicab owner's license herein provided shall bear a number and
state the name of the person licensed; it shall briefly describe the
vehicle licensed and contain the motor vehicle license number as well
as the manufacturer's number of the motor vehicle.
G.
License term; fees. A taxicab owner's license shall expire on March 31 succeeding the date of issue. If applied for after January 1, the fee shall be 1/2 the full amount. The license fee shall be as provided in Chapter 101, Fees, payable upon the filing of the application for the issuance or renewal of the license.[1]
H.
Renewals. A taxicab owner's license may be renewed
by the Council without a hearing upon the licensee's filing with the
Chief of Police a sworn statement that there have been no changes
in the information contained in the initial application.
A.
Applications.
(1)
Application for a taxicab driver's license shall be
made to the Borough Clerk upon forms provided by him or her and referred
to the Chief of Police. The forms and the information required thereon
shall be established by the Council by resolution.
B.
Photograph required. Each applicant for a driver's
license shall file with his or her application two recent photographs
of himself or herself of a size which may be easily attached to his
or her license. One photograph shall be attached to the license when
issued; the other shall be filed with the application in the Clerk's
office. The photograph shall be so attached to the license that it
cannot be removed and another photograph substituted without detection.
Each licensed driver shall at all times have openly and conspicuously
exhibited in the cab his or her license and photograph.
C.
Investigation. The Chief of Police or a police officer
designated by him or her shall investigate the application and report
the results to the Council within a reasonable time. The report shall
include a recommendation that the license be granted or denied and
the reasons for the recommendation.
D.
Issuance of license; contents. Upon approval of the
application by the Council, the Clerk shall immediately issue the
applicant a taxicab driver's license. The license shall contain the
licensee's name and address, physical description, signature and photograph.
E.
Term of license; fees. An initial license to drive a taxicab shall expire on March 31 succeeding the date of issue. If applied for after January 1, the fee shall be 1/2 the full amount. A taxicab driver's license may be renewed annually, unless it has been revoked or suspended, upon the payment of a fee as provided in Chapter 101, Fees.[2]
A.
Initial inspection. Before any vehicle is used as
a taxicab within the borough, it shall be inspected by the Chief of
Police or a police officer designated by him or her to ascertain that
it is in a safe, clean and sanitary condition and contains all safety
devices required by law.
B.
Reinspections. All taxicabs shall be reinspected annually
or more often if the Council so requires by resolution. In addition,
any police officer may inspect any taxicab at any reasonable time
to determine if it is clean, sanitary and in a safe and proper operating
condition.
C.
Failure to pass inspection. Any taxicab which fails
to pass inspection shall be immediately taken out of service and shall
not be operated again within the borough until the defects which led
to its rejection are corrected. In the case of minor defects which
do not constitute an immediate danger to the health or safety of the
public, the taxicab may continue to operate for a period of one week,
at the end of which time it shall be reinspected. If the defect has
not by then been corrected, the vehicle shall immediately be taken
out of service and shall remain out of service until the defect is
corrected.
A.
Identification required. Each taxicab operated in
the borough shall have a sign painted on each rear door. The sign
shall contain the owner's name and the words "Taxicab" or "Taxi" in
letters which shall not be less than four nor more than eight inches
in height.
B.
Imitation of color scheme or insignia. No taxicab
operated in the borough shall imitate the color scheme or any identifying
design or insignia of another taxicab lawfully operating in the borough,
nor shall one taxicab have a color scheme or identifying design or
insignia which is so similar to that of another taxicab as to be likely
to have a tendency to mislead the public. The person first using a
particular color scheme or identifying design or insignia for his
or her taxicab shall have the prior right to it.
A.
Rates of fare. The fare that may be charged by the
driver or owner of a taxicab for a trip wholly within the limits of
the borough shall not exceed the rates approved by the Council by
resolution. A schedule of the approved rates shall be displayed in
the taxicab in a manner so as to be easily read by all passengers.
B.
Receipts. The driver of a taxicab upon request shall
give the passenger a receipt for the amount charged. The receipt shall
show the name of the owner, the license number of the taxicab, the
amount of the fare and the date of the transaction.
C.
Refusal to pay fare. No person after hiring a taxicab
shall refuse to pay the legal fare, nor shall any person hire a taxicab
with the intent not to pay the legal fare.
The Council may establish by resolution rules
and regulations relating to the operation of taxicabs and the conduct
of licenses. A copy of the rules and regulations shall be furnished
to each licensee.
A.
Soliciting passengers. No driver or other person interested
in or connected with any licensed vehicle shall solicit customers
in a noisy or offensive manner, nor at any place other than public
hack stands in any manner whatsoever.
B.
Refusal to carry passengers. No driver of any licensed
vehicle which is disengaged shall refuse to carry any orderly person
upon the payment of the rate of fare herein fixed.
A.
Generally. In addition to the causes for revocation of a license set forth in Chapter 133, Licensing, any license issued under this chapter may be revoked or suspended or any application for the issuance or renewal of a license denied for any of the following reasons:
(1)
Failure to render reasonable, prompt, safe and adequate
taxicab service.
(2)
The existence of a judgment unsatisfied of record
against the licensee or applicant in any suit arising over the operation
of a motor vehicle.
(3)
Permitting any taxicab owned or driven by the licensee
to become unsafe, unsanitary or dirty.
(4)
Failure to comply with all applicable laws of the
State of New Jersey, the ordinances of the borough or the rules and
regulations adopted in accordance with this chapter.
B.
Drivers. If the licensee is a driver, his or her license
may also be revoked or suspended for the following reasons:
[Added 4-26-1982 by Ord. No. 967]
A.
AUTOCAB
LIMOUSINE OR LIVERY SERVICE
PERSON
STREET
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes any automobile or motorcar with a carrying capacity
of not more than nine passengers, not including the driver, 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 state and which is hired
for charter for a particular contract or by the day or hour or other
fixed period or 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.
Includes the business of carrying passengers for hire by
autocabs.
[Added 10-11-1995 by Ord. No. 1255]
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
[Added 10-11-1995 by Ord. No. 1255]
Includes any street, avenue, park, parkway, highway or other
public place.
[Added 10-11-1995 by Ord. No. 1255]
B.
Filing of required information.
[Amended 10-11-1995 by Ord. No. 1255]
(1)
All persons, firms or corporations operating an autocab,
limousine or livery service within the borough as defined under the
provisions of N.J.S.A. 48:16-13 et seq., as amended, are hereby required
to file annually with the Borough Clerk the following:
(a)
A full description of all vehicles used in its
operation.
(b)
The registration number and serial number of
all such vehicles.
(c)
The seating capacity of each vehicle.
(d)
A certificate of insurance in the amount of
$50,000 covering bodily injury or death suffered by any person as
a result of an accident occurring by reason of ownership, maintenance
or use of such autocab, limousine or livery service upon any public
street or in such other amounts as shall be fixed from time to time
by the provisions of N.J.S.A. 48:16-14, as amended.
(2)
The owner of the autocab, limousine or livery service having the principal place of business located in the Borough of Glen Rock shall, concurrent with the filing of the certificate of insurance referred to in Subsection B(1)(d) above, execute a power of attorney wherein and whereby the owner shall appoint the chief fiscal officer of the municipality as the true and lawful attorney of the owner for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed herewith.
(3)
The owner of the autocab, limousine or livery service having the principal place of business located in the Borough of Glen Rock shall provide to the Borough Clerk a copy of a certificate of occupancy issued in accordance with Chapter 230, Zoning, Article XXI, Certificates of Occupancy, as amended.
[Added 4-10-1996 by Ord. No. 1266]
(4)
The license will be granted only after a criminal
background investigation and evaluation has been completed and approved
by the Chief of Police. A certificate of approval shall be issued
by the Chief of Police to the Borough Clerk memorializing his or her
findings.
[Added 4-10-1996 by Ord. No. 1266]
(6)
The term of the license shall be for a period of one
year, with all licenses to expire on March 31.
[Added 10-23-1996 by Ord. No. 1279]
C.
Requirements for operation. The operation of any such autocab, limousine or livery service in which the owner has his or her principal place of business located in the Borough of Glen Rock shall be permitted only so long as the Borough Clerk has issued a certificate of compliance showing that the owner of the autocab, limousine or livery service has complied with the provisions of this chapter and applicable state statutes. In addition, the owner may only continue to provide autocab, limousine or livery service so long as the insurance referred to in Subsection B above remains in full force and effect. The certificate of compliance shall be in a form and posted in accordance with the provisions of N.J.S.A. 48:16-17, as amended.
[Amended 10-11-1995 by Ord. No. 1255]
Any person, firm or corporation who shall violate
any of the provisions of this chapter shall, upon conviction, be punishable
by any combination of the following: a fine not exceeding $1,000,
imprisonment for a term not exceeding 90 days or a period of community
service not exceeding 90 days.
