[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Pemberton 3-5-1975 as Section 12:3 of
Ch. XII of the General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 182.
The following words and phrases and their derivatives, when used in
this chapter, shall have the meaning hereinafter ascribed to them:
The practice of driving about the streets of the township with a
taxicab so as to solicit passengers or to bring the presence of the taxicab
to the attention of prospective passengers. A taxicab driving along the streets
of this township for any purpose other than while transporting a passenger
going to a definite destination by the most direct route in response to a
call for a taxicab by a prospective passenger or returning by the most direct
route to the taxicab's home, terminus or hack stand after discharging
a passenger or going to or from the said terminus or hack stand to the driver's
home by the most direct route shall be prima facie evidence of "cruising."
Any person who drives a taxicab within this township.
Means licensed in accordance with the appropriate section in this
chapter.
Consists of transportation in such taxicab for one or more persons
for hire along any of the streets in this township. Accepting a passenger
being transported for hire within this township from a point within this township
to a point within or outside the township shall be deemed to be operation
of a taxicab within the township within the meaning hereof. The operation
of a taxicab in any of the above-described manners by one other than the owner
shall be deemed operation by the owner thereof as well as by the person actually
driving the same. The transportation of any person other than the owner or
driver in any motor vehicle bearing a sign therein or thereon using the word "taxi,"
"taxicab," "cab" or "hack" shall be prima facie evidence of operation. Notwithstanding
the above, operation of a taxicab shall not include airport shuttle services
or public or private commuter buses.
[Amended 11-2-2000 by Ord. No. 18-2000]
Any person, corporation or association in whose name title to any
taxicab is registered with the New Jersey Department of Motor Vehicles or
who appears in such records to be the conditional vendee or lessee thereof.
Includes the plural as well as the singular and artificial as well
as natural persons.
Any automobile or motorcar, 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
within the Township of Pemberton and which accepts passengers for transportation
from points or places to points or places within or without the said township.
The Township of Pemberton, in the County of Burlington and State
of New Jersey.
The officials designated to enforce the provisions of this chapter shall
be the Police Department of the Township of Pemberton.
From and after the effective date of this chapter, no person shall operate
any taxicab within this township unless both the taxicab and the driver thereof
are licensed pursuant to this chapter and conform to all the provisions hereof,
provided that such taxicab licenses as are now issued and outstanding pursuant
to the terms of any prior ordinance of this township shall remain effective
until their respective expiration dates and the taxicabs thereby licensed
shall be deemed to be licensed pursuant to the terms of this chapter until
such licenses are surrendered, suspended or revoked or have expired; provided
nevertheless that in all other particulars said taxicabs and their owners
shall be subject to all the provisions hereof.
There are hereby established two classes of taxicab licenses, to be
known as "taxicab driver's license" and "taxicab owner's license"
respectively.
A.
Taxicab driver's license. A taxicab driver's
license shall entitle the person named therein to operate within this township
any taxicab duly licensed hereunder until the said license either expires
or is surrendered, suspended or revoked, and it shall not be transferable.
B.
Taxicab owner's license. A taxicab owner's
license shall entitle the taxicab therein described to be operated in this
township by a driver duly licensed hereunder until the said license either
expires or is surrendered, suspended or revoked, and it shall not be transferable.
Any license issued pursuant to the terms of this chapter shall expire
at 12:00 midnight on the 31st day of December of the year in which it was
issued unless sooner surrendered, suspended or revoked.
[1]
Editor's Note: Former § 164-6, Number of owner's
licenses, was repealed 11-2-2000 by Ord. No. 18-2000.
[Amended 11-2-2000 by Ord. No. 18-2000]
All applications for the issuance or renewal of any license of either
class shall be made to the Township Clerk on forms approved by the Township
Solicitor and obtained from the Township Clerk and designed to elicit information
respecting the identification, responsibility and law-abiding habits of the
applicant.
[Amended 11-2-2000 by Ord. No. 18-2000]
Each applicant for a license of any class shall supply the information
requested on the application in full and verify the correctness thereof by
his oath or affirmation and thereafter file the completed application with
the Township Clerk, together with the full amount of the proper fee hereafter
fixed therefor. The Township Clerk shall thereafter have three weeks to act
upon the application(s).
Each applicant for a taxicab driver's license shall file with his
application two photographs, each 3 1/2 by 3 1/2 inches in size,
clearly depicting the facial features of the applicant, both of which photographs
shall thereupon become the property of the township and be retained with the
application form unless the license shall be issued, in which event one of
such photographs shall be permanently affixed to the license card in a space
provided thereon.
Every applicant for a taxicab driver's license shall, at the time
of filing his application, be fingerprinted by the Pemberton Township Police
Department; an impression of such fingerprints shall thereupon be forwarded
forthwith by the Police Department to the Bureau of Identification of the
New Jersey State Police for a report of applicant's criminal record,
which report when received shall be permanently affixed to the application
before consideration thereof by the Township Committee.
[Amended 8-17-1984 by Ord. No. 14-1984; 11-2-2000
by Ord. No. 18-2000]
Every applicant for a taxicab owner's license shall, together with
his application, submit an insurance policy of a company duly licensed to
transact business under the insurance laws of this state, conditional for
the payment of a sum of not less than $300,000 to satisfy all claims or damages
by reason of bodily injury to or the death of any one person resulting from
an accident, and a sum of not less than $500,000 to satisfy all claims for
damages by reason of bodily injuries to or the death of all persons on account
of any such accident, by reason of the ownership, operation, maintenance or
use of such autocab upon any public street; and conditioned for the payment
of a sum of not less that $300 to satisfy all claims for damages to property
of all persons resulting from an accident, by reason of the ownership, operation,
maintenance or use of such autocab upon any public street.
[Amended 11-2-2000 by Ord. No. 18-2000]
A.
The annual fee for each taxicab driver's license
hereafter issued or any renewal thereof shall be $25 for each year or portion
of a year for which the license is issued or renewed, and the annual fee for
each taxicab owner's license issued or renewed shall be $50 for each
year or portion of a year for which the license is issued or renewed. Such
fees shall not be prorated nor any part thereof refunded for any reasons,
except that upon the denial of an application for issuance or renewal of a
license by the Township Clerk, 90% of the fee deposited shall be returned
to the applicant and 10% of the fee deposited shall be retained by the township
as compensation for investigation of the applicant.
B.
The fee for fingerprinting and obtaining a background
check shall be $60, which shall be nonrefundable.
A.
The Township Council and/or the Township Clerk may, in
their discretion, refuse to issue or renew, or may, after notice and hearing,
revoke or suspend:
[Amended 11-2-2000 by Ord. No. 18-2000]
(1)
Any license of either class if the applicant for the
license has been once convicted of a crime in this or any other jurisdiction
or convicted of being a disorderly person or of a violation of Title 39, Motor
Vehicles and Traffic Regulation, of the Revised Statutes of New Jersey, or
violates any provision of this chapter or has any judgment unsatisfied of
record against him arising out of an automobile accident, or has made false
answers in his application for such license or any renewal thereof, or has
failed to render reasonably prompt, safe and adequate taxicab service, or
has not complied fully with all requirements of this chapter for such class
of license; or, in addition,
(2)
Any taxicab driver's license if the licensee or
applicant has in any degree contributed to any injury to person or damage
to property arising out of negligent operation of a motor vehicle, or has
any communicable or contagious disease; or,
(3)
Any taxicab owner's license if the motor vehicle
licensed or to be licensed, by reason of unsafe or unsanitary condition, is
dangerous to the safety or health of the occupants or others, or if the policy
of insurance required herein has once lapsed or such coverage has not been
maintained at all times.
B.
Written notice required. The notice above referred to
in this section shall be written notice served upon the license holder either
personally or by certified mail a reasonable time before the date set for
hearing.
C.
Hearing required. The hearing referred to in Subsection A above shall be held by the Township Council at a regularly or specially scheduled meeting, which shall be open to the public. The Township Solicitor shall open the hearing by stating the name of the applicant(s) and the reason for the refusal to issue/renew, revocation or suspension, as the case may be. The applicant(s) will have the right to representation by legal counsel, the opportunity to state their reasons as to why the license sought should be issued/renewed, or reinstated, and bring and cross-examine witnesses. The Council may set a reasonable time limit on the proceedings and may eliminate redundant testimony. After the hearing, the Council shall have 10 days to issue a written decision. Said decision shall be provided to the applicant(s) by personal service or certified mail.
[Added 11-2-2000 by Ord. No. 18-2000]
A.
Each applicant granted a taxicab driver's license
shall be issued a license card in evidence thereof in a form approved by the
Township Committee and signed by the Township Clerk in its behalf. Such license
card shall at all times be prominently displayed and adequately protected
in the interior of any taxicab operated by the licensee so that the face thereof
shall be at all times in the full view of and plainly legible to any passenger
seated in the rear seat of such taxicab. The said license card at all times
shall be and remain the property of the township and, at the directions of
the Township Clerk, shall at any time be surrendered to the Township Clerk.
[Amended 11-2-2000 by Ord. No. 18-2000]
B.
No taxicab driver's license card other than that
of the licensee actually operating the cab at the time shall be displayed
therein.
A.
Display of charges. No taxicab shall hereafter be operated
in this township unless and until there is prominently displayed in the interior
thereof within the full view and access of any passenger therein a complete
list of fares, charges or tariff rates charged for transportation of passengers,
which fares, charges or tariff rates so displayed, and no other, shall be
those to be charged any passengers so transported.
B.
Rights of driver. Any taxicab owner or driver shall have
the right to demand payment of the legal fare in advance of transporting any
passengers, and such owner or driver also has the right to refuse to transport
a disorderly or unruly person.
Every taxicab so licensed shall have painted on both sides thereof the
word "taxi" or "cab" in letters at least six inches high or the name of the
operating owner containing the word "taxi," "cab" or "taxicab" or an electric
sign affixed to the top of the motor vehicles in clear view from all sides
bearing the word "taxi," "cab" or "taxicab."
The owner of each taxicab so licensed shall keep or cause to be kept
a written daily record of each trip made by the said taxicab, showing the
date, time and place the cab was engaged; the place and time of discharge
of the passenger; the number of passengers carried; the fare received; distance
traveled; and the taxicab driver's license number of the person driving
the cab on the trip. Such records shall be kept in a place so that it is convenient
for a proper, authorized representative of the township to inspect the same,
and the owner shall give his full cooperation in expediting such inspection.
There shall also be reported to the Township Clerk the happening of an accident
involving such taxicab or the loss of property left in the taxicab by a passenger
within 24 hours after such event.
[1]
Editor's Note: Former § 164-18, Parking of taxicabs,
was repealed 11-2-2000 by Ord. No. 18-2000.
No person shall cruise on the streets of this township with any taxicab
at any time for the purpose of soliciting passengers.
[Amended 11-2-2000 by Ord. No. 18-2000]
The Township Clerk shall, at the time of acting on any application,
pay the fees received therefore over to the Township Treasurer.
[Amended 11-2-2000 by Ord. No. 18-2000]
Vehicles used as taxicabs within the township shall have a minimum of
three doors, it being required that one door be available for the driver,
one door be available for the front seat passengers and at least one other
door, not to include a hatchback door, be available for passengers not in
the front seat.
[Amended 11-2-1984 by Ord. No. 18-1984]
The owner and operator of each taxicab operating in the Township of
Pemberton shall keep his taxicab in good running order so that it makes a
presentable appearance and affords comfortable, safe rides to passengers,
free from mechanical defects, loose fenders, dents, loose doors, broken or
soiled upholstery and broken or cracked glass. The owner of each taxicab shall
present his taxicab to the Chief of Police or other designated officer prior
to the issuance or renewal of his license and once every three months after
such issuance or renewal so that it may be inspected to determine that it
complies with the provisions of this chapter. Any complaints received by the
township from passengers or residents with respect to the conditions of taxicabs
shall be directed to the Chief of Police or his designee.
The operator of each taxicab shall at all times have available a suitable
cash receipt book to write out, sign and give to any passenger requesting
the same a written receipt in the amount of the fare paid.
The operator of each taxicab shall permit no other person to occupy
the front seat of said taxicab unless the rear seat is fully occupied by passengers
while said taxicab is on duty.
The applicant for a taxicab driver's license shall cause himself
to be examined by a reputable doctor licensed to practice medicine in the
State of New Jersey and shall file with his application for the issuance or
renewal of a driver's license a certificate of said doctor dated within
30 days of said filing, showing that the applicant is in good general health,
free of any communicable disease and has no past history of epilepsy, coronary
thrombosis, cerebral hemorrhage or other affliction which might cause sudden
loss of control of a taxicab.
[Added 11-2-1984 by Ord. No. 28-1984]
Any person violating any provisions of this chapter shall be subject
to a fine not exceeding $1,000 or imprisonment for up to 90 days, or both,
in the discretion of the Judge of the Municipal Court of the Township of Pemberton.
For purposes of determining such penalties, each day a violation shall occur
shall constitute a separate offense.
[Added 11-2-1984 by Ord. No. 28-1984]
A.
Partial invalidity. If for any reason any clause, section
or provision of this chapter shall be found by the Court to be unconstitutional
or invalid, no other clause, section or provision shall be affected thereby.
B.
Repealer. All ordinances or parts of ordinances inconsistent
with the terms hereof are to the extent of such inconsistency hereby superseded
and repealed.
