[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 187.
[Adopted 10-13-1964 of Art. 1 of Ch. 4 of the 1964 Code
(Ch. 179 of the 1982 Code)]
As used in this article, the following terms
shall have the meanings indicated:
The driving of an empty taxicab to and fro along a public
street at a slow rate of speed for the obvious purpose of soliciting
passengers.
Includes a firm, copartnership, association and corporation,
and the singular or plural, the masculine, feminine or neuter, unless
the contrary is clearly expressed.
A section of a public street or public place set apart for
the exclusive use of a limited number of taxicabs when such section
is distinctly marked as such by a metal sign attached to a stanchion
on the curb or other conspicuous place or by clearly visible marks
upon the surface of the street or public place.
A public vehicle driven by mechanical power, so designed
and constructed as to comfortably seat not less than four persons
inside thereof, exclusive of the driver, which accepts passengers
for conveyance for hire.
The licensing and inspection of taxicabs, the
examination of applicants for licenses to drive such taxicabs, the
licensing of drivers of taxicabs, as hereinafter provided for in this
article, and the enforcing of the provisions of this article, shall
be under the control of the Mayor and Borough Council; licenses shall
be issued under the hand and seal of the Clerk of the Borough.
No taxicab shall operate upon the streets of
the Borough without first obtaining a license as herein provided for,
which shall be issued to expire May 31 next succeeding the date of
issuance, unless sooner suspended or revoked. The annual fee to be
paid for such license shall be the sum of $10 per taxicab; provided,
however, that the fee for any license granted after the first day
of November and expiring May 31 next succeeding the date of issuance
shall be $5.
Application for licenses for taxicabs shall
be made by the owner, lessee or bailee thereof upon blank forms to
be furnished by the Borough Clerk, and such application shall contain
the full name and address of the owner, lessee or bailee, and also
of the applicant, the type of vehicle for which the license is desired,
the length of time the vehicle has been in use, the number of persons
it is capable of carrying and the motor power; said application shall
have affixed thereto an affidavit to be sworn to by the applicant.
[Amended 6-28-1990 by Ord. No. 1209]
No vehicle covered by the terms of this article
shall be licensed as a taxicab unless and until it has been demonstrated
to the Borough Clerk that said vehicle has a current registration
and a certificate of insurance, which certificate of insurance will
show a minimum of $100,000/$300,000 auto liability. A license shall
be refused or, if already issued, revoked or suspended if any vehicle
is found to be unsafe for the transportation of the passengers or
which does not have current registration or current insurance.
[Amended 6-28-1990 by Ord. No. 1209]
If, upon inspection, a taxicab is found to have a current registration and certificate of insurance in accordance with § 426-5, upon payment of license fees herein set forth, the same may be licensed by delivering to the applicant a card of such size and form as may be prescribed from time to time. Such card shall contain the name of the applicant, the New Jersey license registration number of the taxicab with the license number of the taxicab being given; such card shall have attached hereto the signature of the Borough Clerk. There shall also be affixed to a conspicuous and indispensable part of the interior of each taxicab a small card not exceeding six inches nor less than four inches in dimension which shall bear the license number of the vehicle and the rates of fare under which said taxicab is operating. There shall also be affixed on the front doors of each taxicab licensed under this article the word "TAXI," which shall be painted in letters no less than six inches in height.
There shall be no more than eight taxicabs licensed
under the provisions of this article at any one time; provided, however,
that the number may be changed by resolution of the Mayor and Borough
Council.
The Borough Clerk shall keep a register of the
name of each person owning or operating a vehicle or vehicles licensed
under this article, together with the license number and the description,
make and dimensions of such vehicles, with the date and complete record
of inspections made of it. Such record shall be open to the inspection
of the public at all reasonable times.
In order to ensure the safety of the public,
it shall be unlawful for the owner, lessee or bailee of any taxicab
to operate or cause or permit such taxicab to be operated, nor shall
any license be issued hereunder, until and unless the applicant shall
have complied with the provisions of Chapter 16 of Title 48 of the
Revised Statutes of the State of New Jersey and the acts amendatory
thereof or supplemental thereto.[1]
[1]
Editor's Note: See N.J.S.A. 48:16-1 et seq.
Licenses granted under the preceding sections
of this article may be revoked or suspended at any time, after notice
and hearing, by the Mayor and Borough Council, if the vehicle shall
not be in a safe condition for the transportation of passengers and
kept in conformity with the terms of this article or for the violation
of any of the provisions of this article.
No person shall drive a taxicab until he shall
have made application, upon a form provided therefor, for a taxicab
driver's license and shall have procured such license. Every person
applying for a license to drive a taxicab must furnish satisfactory
evidence that he has received a driver's license under the State Motor
Vehicle Law. Each applicant for a driver's license under the terms
of this article must conform to the following regulations:
A.
Be of the age of 21 years or over and be a resident
of the State of New Jersey for one year or more.
B.
Present the certificate of a reputable physician showing
that he has been examined within 60 days and that he is of sound physique,
with good eyesight and not subject to epilepsy, vertigo, heart trouble
or any other infirmity of body or mind which might render him unfit
for the safe operation of a taxicab.
C.
Be able to read and write the English language and
be a citizen of the United States.
D.
Not be addicted to the use of narcotics or intoxicating
liquors.
E.
Produce affidavits of his good character from at least
two reputable citizens who have known him personally and a recommendation
from his last employer unless in the discretion of the Mayor and Borough
Council sufficient reason is given for its omission.
F.
In addition to the above information, said applicant
must furnish the following information upon a form provided therefor:
color, height, color of eyes and hair, place of birth, residence,
length of time resided in the Borough of South Plainfield, places
of previous employment for five years preceding application, marital
status, whether ever convicted of a felony or a misdemeanor or any
other crime or a violation of this article, whether previously licensed
as a driver or chauffeur, and if so, whether said license was ever
revoked or suspended and for what reason. Said form shall be signed
and sworn to by the applicant and filed by the Borough Clerk as a
permanent record, together with four copies of a photograph of the
applicant in size at least two by two inches.
Upon satisfactory fulfillment of the foregoing
requirements, there shall be issued to the applicant a taxicab driver's
license, which shall contain a copy of the photograph of the licensee,
the operator's number and the signature of the licensee. Said license
shall be affixed to a conspicuous and indispensable part of the interior
of the taxicab being operated by said licensee. Any licensee who defaces,
removes or obliterates any official entry made upon his license or
who drives a taxicab without conspicuously displaying his license
as herein provided for or who otherwise violates the terms of this
article shall be punished by suspension or revocation of his license.
A driver's license shall be valid to and including the 31st day of
May following the issuance of said license.
A driver, in applying for a renewal of his taxicab
license, shall make such application upon a form to be furnished,
entitled "Application for renewal of license," which shall be filled
out with the full name of the applicant, together with a statement
of the date upon which his original license was granted and the number
thereof and such further information as may be required to supplement
or modify the information contained in the original application.
The following license fees shall be paid for
the driver's license: for each original license, $5; for each renewal
thereof, $5.
The Mayor and Borough Council is hereby authorized
to designate by resolution such place or places within the Borough
as public taxicab stands as may be required. There shall be a metal
sign attached to a stanchion on the curb or other conspicuous place,
setting forth the number of taxicabs for hire that will be allowed
at such stand, and only such taxicabs used for hire in such numbers
as are set forth on the metal sign may remain at the stand while waiting
for employment and only in single file, pointed in accordance with
traffic regulations. As said taxicab leaves the line, those behind
shall move up and other taxicabs seeking space on the stand shall
approach the same only from the rear thereof.
No taxicab driver shall loiter within any space
prohibited by law or ordinance or stand in said prohibited place soliciting
or waiting for new passengers.
The prices of fares that may be charged by the
owners or drivers of taxicabs or public motorcars for the transportation
of passengers for hire may be fixed and established from time to time
by resolution of the Mayor and Borough Council, and no price or fare
in excess thereof shall be charged.
No taxicab while waiting for employment by passengers
shall stand on any public street or space other than as designated
or established in accordance with this article, nor shall any driver
of such taxicab seek employment by cruising or by otherwise interfering
with the proper and orderly access to or egress from any theater,
hall, hotel, public resort or other place of public gathering, and
no driver shall solicit passengers for a taxicab except when standing
at his vehicle or sitting upon the driver's seat thereof.
Every driver of a taxicab immediately after
the termination of any hiring or employment must carefully search
such taxicab for any property lost or left therein; and any such property,
unless sooner claimed or delivered to the owner, must be reported
in writing by the driver or owner of the taxicab to the Borough Clerk
with brief particulars and description of the property within 24 hours
after finding thereof.
Nothing in this article shall apply to any omnibus
or jitney licensed by the Mayor and Borough Council or by the Public
Utility Commission of the State of New Jersey to operate over a defined
route.
It shall be unlawful to drive any such taxicab
or motor vehicle while any passenger is riding on the outside of the
body thereof, and it shall be unlawful to drive any such taxicab recklessly
or to race with any other vehicle or to refuse to carry any person
who properly applies for transportation.
Changes of ownership of title to any taxicab
licensed under this article shall automatically revoke the license
for such vehicle. The purchaser of such vehicle must apply for a license
to operate the same as a taxicab in accordance with the terms of this
article.
Every taxicab or other such motor vehicles for
which a license has been granted as herein provided shall be kept
in a clean, sanitary and safe condition and shall be properly lighted.[1]
[1]
Editor's Note: Original § 179-24,
Rules for Inspection of taxicabs, was repealed 6-28-1990 by Ord. No.
1209.
Any person, firm or corporation violating any
of the provisions of this article shall be, upon conviction thereof,
punished by not exceeding $200 or by imprisonment not exceeding 90
days, or both, in the discretion of the court, and in addition thereto,
the license provided for by this article shall be suspended, pending
action by the Mayor and Borough Council with respect to suspension
or revocation of said license in accordance with the terms of this
article. It shall be the duty of the Judge to notify the Mayor and
Borough Council of all convictions for violations of the terms of
this article.
[Adopted 11-20-1989 by Ord. No. 1173 (Ch.
124 of the 1982 Code)]
As used in this article, the following terms
shall apply:
Includes any automobile or motor car 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
by charter or 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. Nothing in this article shall be construed
to include taxi cabs, hotel buses or buses employed solely in transporting
school children or teachers or auto buses which are subject to the
jurisdiction of the Board of Public Utilities or interstate auto buses
required by federal or state laws or rules of the Board of Public
Utilities to carry insurance against loss from liability imposed by
law on account of bodily injury or death.
Includes the business of carrying passengers for hire by
auto cabs.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
Includes any street, avenue, park, parkway, highway or other
public place.
Application for licenses for limousine, private
livery automobiles shall be made by the owners, lessee or bailee upon
forms to be furnished by the Borough Clerk, and such application shall
contain the full name and address of the owner, lessee or bailee and
also the applicant, the type of vehicle for which the license is desired,
the length of time the vehicle has been in use, the number of persons
it is capable of carrying and the motor power and the location where
the limousine shall be stored when not in use. The application shall
have affixed thereon an affidavit to be sworn to by the applicant.
The applicant shall also provide at that time a zoning permit obtained
from the Municipal Zoning Officer for the operation of its limousine
business.
[Amended 3-7-2002 by Ord. No. 1584]
No private livery automobile or limousine shall
operate hereafter upon the streets of the Borough of South Plainfield
without first obtaining a license, which shall be issued to expire
on the same day the insurance certificate expires unless sooner suspended
or revoked by the Mayor and Council. The annual fee to be paid for
such license for each said vehicle shall be the sum of $50 per twelve-month
period or any portion thereof.
No such auto cab, limousine or livery service
shall be operated wholly or partly along any street in the Borough
of South Plainfield until the owner of the auto cab, limousine or
livery service shall have filed with the Borough Clerk of South Plainfield
an insurance policy of a company duly licensed to transact business
under the insurance laws of this state in the sum of $50,000 against
loss by reason of the liability imposed by law upon every auto cab,
limousine or livery service owner for damages on account of bodily
injury or death suffered by any person as the result of an accident
occurring by reason of the ownership, maintenance or use of the auto
cab, limousine or livery service upon any public street. The insurance
policy shall provide for the payment of any final judgment recovered
by any person on account of the ownership, maintenance and use of
such auto cab, limousine or livery service or any fault in respect
thereto and shall be for the benefit of every person suffering loss,
damage or injury in the aforesaid.
The owner of the auto cab, limousine or livery
service shall execute and deliver to the Clerk of the municipality
a power of attorney wherein and whereby the owner shall appoint the
Chief Fiscal Officer of the Borough of South Plainfield his true and
lawful attorney for the purpose of acknowledging service of any process
out of a court of competent jurisdiction to be served upon the insured
by virtue of the indemnity granted under the insurance policy filed.
The Borough Clerk upon the filing of the required
insurance policy shall issue a certificate, in duplicate, showing
that the owner of the auto cab, limousine or livery service has complied
with the terms and provisions of this article. Such certificate shall
recite the name of the insurance company, the number and date of expiration
of the policy, a description of every auto cab, limousine or livery
service insured thereunder and the registration of the same. A duplicate
certificate shall be filed with the Division of Motor Vehicles before
any such car is registered as an auto cab, limousine or livery service.
The original certificate shall be posted in a conspicuous place within
the auto cab, limousine or livery service.
The Borough Clerk shall keep a register of the
name of each person owning or operating an auto cab, limousine or
livery service licensed under this article, together with the license
number and the description, make and dimension of such vehicles, with
the date of the certificate of compliance with the insurance provisions
as set forth therein.
Nothing in this article shall exempt any person
owning or operating any auto cab, limousine or livery service from
complying with the law relating to the ownership, registration and
operation of automobiles in this state.
The Mayor and Council may, in its discretion
and after notice and hearing, refuse to issue or renew, revoke or
suspend any license issued to auto cab, limousine or livery service
owners under this article where the applicant or licensee has once
been convicted of a crime in this or any other jurisdiction or twice
convicted of being a disorderly person or in violation of Title 39
of the Motor Vehicle and Traffic Regulations of the Revised Statutes
of New Jersey or who has violated any provision of this article or
has any judgment of record unsatisfied against him arising out of
an automobile accident or who has failed or fails to render a reasonably
prompt, safe and adequate formal, private automobile livery or limousine
service or has not complied fully with all of the requirements of
this article for such class of license.
Any person, firm or corporation violating any
of the provisions of this article shall be, upon conviction thereof,
punished by a fine not exceeding $2,000, imprisonment for a term not
exceeding 90 days or a period of community service not exceeding 90
days, or any combination thereof, in the discretion of the court,
and, in addition thereto, the license provided by this article shall
be suspended, pending action by the Mayor and Borough Council with
respect to suspension or revocation of said license in accordance
with the terms of this article. It shall be the duty of the Judge
to notify the Mayor and Borough Council of all convictions for violations
of the terms of this article.
