[HISTORY: Adopted by the Mayor and Council of the Borough
of Raritan 6-26-2012 by Ord. No. 12-08.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
349, Vehicles for Hire, adopted 4-17-1950; amended in its entirety
12-13-1994 (Ch. 83 of the 1966 Code), as amended.
A.
Purposes. The purposes of this chapter are as follows:
(1)
To establish a uniform policy for the licensing and operation of
taxicabs within the Borough.
(2)
To protect the public health, safety and welfare and to assure that
the public receives the best possible service from only qualified
taxicab companies and taxicab drivers.
(3)
To establish a requirement and procedure for licensing of taxicabs
and taxicab drivers.
B.
Scope. This chapter shall apply to all taxicab service that originates
within the Borough. The requirements of this chapter do not apply
to taxicabs or drivers duly licensed in another municipality when
conveying passengers from a point or place outside of the Borough
into or through the Borough.
C.
CHIEF OF POLICE
PERSON
STATE
TAXICAB
TAXICAB DRIVER
TAXICAB DRIVER'S LICENSE
TAXICAB VEHICLE LICENSE
Definitions. When used in this chapter, the following terms shall
have the meanings indicated:
The Chief of Police or the designee of the Chief of Police.
Any individual, sole proprietorship, firm, partnership, association,
business entity, corporation, company or organization.
The State of New Jersey.
A motor vehicle used to transport passengers for hire within
the scope of this chapter which does not operate over a fixed route
and is not hired by the day or hour.
An individual licensed to operate a taxicab in the Borough.
A license issued pursuant to this chapter that entitles the
holder to operate within the Borough any taxicab licensed by the Borough.
A license issued for a specific taxicab.
A.
Taxicab vehicle license. Each taxicab operating in the Borough shall
be licensed. A person who wishes to obtain a taxicab vehicle license
may request an application from the Borough Clerk. The completed application
shall be submitted, in duplicate, to the Borough Clerk. The application
shall be accompanied by a fee of $150 to defray the Borough's
administrative costs in processing the application, and shall include
the following:
(1)
The full name and address of the applicant. If the application is
made for a business entity, it shall state the name and address of
the partners or officers and directors, and its registered office
and agent, and the names and residential addresses of every person
owning more than 10% of the business;
(2)
For each taxicab, the year, make and type, the serial number, state
registration numbers and, for leased vehicles, the titled owner;
(3)
The address where the taxicab shall be regularly garaged, the applicant's
telephone number and the names of all drivers of the taxicab, their
addresses and their state motor vehicle driver license numbers;
(4)
A certification of insurance from an insurer authorized to do business
in the state and a schedule of the insured taxicabs that are to be
utilized by the applicant to meet the requirements of this chapter;
(5)
An indemnification, in a form approved by the Borough Attorney, that
the applicant shall hold harmless and indemnify the Borough, its officers,
employees and agents, from any and all liability claims, losses or
damage arising or alleged to arise from the taxicab business;
(6)
A consent, in a form approved by the Borough Attorney, that the Chief
of Police may, at any reasonable time, conduct an inspection of the
taxicabs of any applicant or licensee for the purpose of determining
compliance with this chapter.
B.
Taxicab driver's license. Every person driving a taxicab in
the Borough shall be licensed. A person who wishes to drive a taxicab
in the Borough may obtain an application for a taxicab driver's
license from the Borough Clerk. The completed application shall be
submitted, in duplicate, to the Borough Clerk. The application shall
be accompanied by a fee of $150 to defray the Borough's administrative
costs in processing the application, and shall include the following:
(1)
The full name and address of the applicant;
(2)
The applicant's state motor vehicle license number;
(3)
A criminal history record obtained by the applicant as prescribed
by the New Jersey State Police. Forms and instructions can be obtained
from the Borough Clerk or from www.njsp.org;
(4)
Two photographs, three inches square, one of which shall be attached
to the application and one of which shall be attached to the license
once issued.
(5)
A driver history abstract from any jurisdiction in which the applicant
has had a driver's license in the past five years.
C.
Investigation.
(1)
The Clerk shall refer each application for a taxicab vehicle license
or a taxicab driver's license to the Chief of Police within five
business days after receipt. The Chief of Police shall conduct an
investigation to determine the following:
(2)
Applications for taxi vehicle licenses shall be investigated and
reviewed by the Chief of Police and approved or disapproved within
30 days of receipt of the application from the Borough Clerk.
(3)
As a part of the investigation of taxicab driver's licenses,
a completed SBI-212A form for each applicant shall be submitted by
the Chief of Police to the New Jersey State Police, State Bureau of
Identification, for a criminal history name check for noncriminal
justice purposes within five business days of receipt from the Clerk.
The Chief of Police shall review the investigation results, and approve
or disapprove the application within 30 days of receipt of the results
of the criminal history name check from the state.
(4)
The Chief of Police shall provide a written explanation of the reasons
for disapproving any application.
(5)
The investigation shall be conducted within the limits of the resources
available to the Borough Police Department.
D.
Issuance or denial of license; renewal of license; transferability.
(1)
A taxicab driver's license will not be granted if a criminal
history record background check of the applicant reveals a record
of conviction for any of the following crimes in New Jersey or elsewhere,
or any comparable crimes in any other jurisdiction:
(a)
Aggravated assault;
(b)
Arson;
(c)
Burglary;
(d)
Escape;
(e)
Extortion;
(f)
Homicide;
(g)
Kidnapping;
(h)
Robbery;
(i)
Aggravated sexual assault;
(j)
Sexual assault or endangering the welfare of a child;
(k)
Unlawful possession of a weapon;
(l)
Anything other than a disorderly persons or petty disorderly
persons offense for the unlawful use, possession or sale of a controlled
dangerous substance as defined in N.J.S.A. 2C:35-2.
(2)
A taxicab driver's license will not be granted if the applicant
has a history of persistent Title 39 violations, such as having more
than three moving violations during the preceding two years.
(3)
If an application is disapproved by the Chief of Police, the Borough
Clerk shall notify the applicant by mail that the application is disapproved
and shall deny the issuance of the license. Notice shall be mailed
within three business days following the endorsement of disapproval
by the Chief of Police.
(4)
If the Chief of Police approves the application, the Borough Clerk
shall issue a taxicab vehicle license or taxicab driver's license,
as applicable, to the applicant.
(5)
Each license shall contain the name and address of the licensee,
the number of the license, the date of issuance and expiration date,
and the signature of the Borough Clerk and the seal of the Borough.
The Borough Clerk shall send a copy of each license to the Borough
Police Department for filing and shall keep a permanent record of
all licenses issued.
(6)
All licenses shall expire on December 31 of the year of issue. A
renewal application shall be submitted no later than 30 days prior
to the expiration date. Renewal applications shall be obtained from
the Borough Clerk. The fee for a renewal application shall be $150
to defray the Borough's administrative costs.
(7)
A license issued under this chapter shall not be transferable.
(8)
If any of the information provided by an applicant pursuant to this
chapter changes after the license is granted, the applicant shall
notify the Borough Clerk of those changes within 10 business days.
(9)
Suspension of any driving privileges of any taxicab driver after
a taxicab driver's license is granted shall be immediately reported
to the Borough Clerk.
E.
Suspension or revocation of license.
(1)
A taxicab vehicle license or taxicab driver's license may be
suspended or revoked by the Borough Clerk, upon the recommendation
of the Chief of Police, under the following circumstances:
(a)
If it is found that the license was secured by fraud, misrepresentation
or false statement, or by the concealment of a material fact by the
applicant.
(b)
If the licensee has violated any of the requirements of this
chapter, any additional regulations established by the Chief of Police,
any federal or state law, any Borough ordinance relating to the operation
of a motor vehicle, or any ordinance enacted in another municipality
relating to the provision of taxi services.
(c)
Unsatisfactory service which, in the reasonable opinion of the
Chief of Police, has, does or will jeopardize the public safety, health
and welfare.
(d)
Unethical or fraudulent business practices in connection with
taxicab services.
(e)
The loss of, or a material change in, insurance coverage required
by this chapter.
(2)
Notice of suspension or revocation shall be communicated to the licensee
and, thereafter, it shall be unlawful for the licensee to use the
taxicab or to drive a taxicab.
F.
Hearing upon denial, suspension or revocation.
(1)
Any person aggrieved by the action of the Borough Clerk in the denial
of an application for a license, or the suspension or revocation of
a license, shall have the right to appeal to the Borough Council.
The appeal shall be taken by filing a written request for a hearing
with the Borough Clerk within 10 business days after notice of the
action complained of has been communicated to the applicant or licensee.
If an appeal is taken, the applicant or licensee shall be provided
with a notice of a hearing before the Borough Council, which notice
shall be in writing setting forth the grounds of the complaint and
the time and place of the hearing. The notice of a hearing shall be
mailed to the applicant's or licensee's address as listed
in the license application at least five business days prior to the
date set for the hearing, and no more than five business days after
receipt by the Borough Clerk of the written request for a hearing.
The decision of the Borough Council on an appeal shall be final and
conclusive and shall be rendered, in writing, no later than 10 business
days after the completion of the hearing. In the case of a licensee,
the license shall remain suspended during the appeal process. If the
decision on appeal requires revocation of a license, failure to surrender
the license within one business day of delivery of the final written
decision to the licensee shall constitute a violation of this chapter.
(2)
Nothing contained herein shall prevent or limit the right of any
person to commence or maintain a cause of action for damages or any
other relief directly against a licensee in a court of competent jurisdiction.
The number of taxicab vehicle licenses that may be issued under
this chapter shall not exceed one to every 500 residents, or fraction
thereof, as determined by the last census. No more than three taxicab
vehicle licenses shall be granted to one person, firm or corporation.
No taxicab vehicle license shall be issued until the following
provisions are satisfied:
A.
The owner of the taxicab has filed with the Borough Clerk an insurance
policy issued by a company duly licensed by the state providing for
motor vehicle liability coverage of not less than $35,000 to satisfy
all claims for damages, by reason of bodily injury to, or the death
of any person or persons, resulting from an accident, by reason of
ownership, operation, maintenance, or use of the taxicab upon any
public street; and to satisfy any claims for damages to property of
any person, on account of an accident, by reason of the ownership,
operation, maintenance, or use of the taxicab upon any public street.
B.
If a taxicab owner operates more than one taxicab licensed in the Borough, in lieu of the policy required in Subsection A, the owner may file a bond or insurance policy of a company duly licensed to transact business under the insurance laws of the state in the sum of $50,000, which shall be a blanket insurance covering all cabs operated by that owner.
C.
Any policy issued pursuant to Subsection A or B shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of any taxicabs or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
D.
Copies of the actual insurance policies, with all required endorsements,
are provided to the Clerk if requested.
E.
The owner of the taxicab has executed and delivered to the Borough
Clerk a power of attorney, wherein and whereby the owner shall appoint
the Borough Clerk as his or its true and lawful attorney 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 or bond filed.
A.
Upon filing of the required insurance or bond, the Borough Clerk
shall issue a certificate, in duplicate, showing that the owner of
the taxicab is in compliance with the insurance requirements of this
chapter.
B.
The certificate shall recite the name of the insurance company, the
number and date of expiration of the policy or bond, a description
of the taxicab insured thereunder, and the vehicle registration number.
C.
The duplicate certificate shall be filed by the Borough Clerk with
the State Department of Motor Vehicles before the vehicle is licensed
as a taxicab.
D.
The original certificate shall be posted in a conspicuous place within
the taxicab.
A.
Each taxicab shall have the taxicab vehicle license number issued
by the Borough displayed at the center of both rear quarter panels
of the vehicle and on the rear center line of the trunk. The numbers
shall be three inches in height. Both rear doors of the taxicab shall
display the name of each municipality that has issued that vehicle
a taxicab vehicle license. The letters shall be three inches in height.
B.
Each taxicab driver shall display the driver's taxicab driver's
license in a manner so that it can be easily seen by all passengers.
No license shall be displayed in a taxicab which does not belong to
the person actually driving the taxicab at the time.
Each taxicab licensed in the Borough shall prominently display
the fares for hire and shall not charge more than the displayed fares.
Each taxicab owner shall provide a schedule of fares to the Borough
Clerk for posting on the Borough website. Any changes in fares shall
be communicated in writing to the Borough Clerk at least 30 days prior
to the effective date of the changes.
The owner of each vehicle for which a taxicab vehicle license
is issued shall at all times keep an accurate record showing the names
of the drivers operating the taxicab and the hours during which the
drivers operated the taxicab. These records shall at all times be
promptly made available for inspection, upon request, by any Borough
police officer.
No taxicab may be occupied by any person other than the person
or persons who have hired or employed the use thereof and the duly
licensed driver.
Every taxicab shall be subject to every ordinance of the Borough,
and every regulation of the Police Department, touching upon or regulating
street traffic or the standing and moving of vehicles in public streets
or highways and to such rules for taxicab drivers as may be adopted
from time to time by the Borough Council, and all taxicabs shall be
subject to inspection at any time by any Borough Police officer.
Every owner of a taxicab licensed pursuant to this chapter is
required to give Borough residents reasonable service, and, in order
to do so, shall operate the taxicab at least eight hours in each and
every day, and, if unable to do so, shall report the reason of such
failure to the Chief of Police.
Any person wishing to complain about the compliance with this
chapter by any licensee may do so by letter to the Borough Clerk setting
forth the name of the licensee, the date of the incident(s), and the
details of the act(s) giving rise to the complaint. The Borough Clerk
shall forward each complaint to the Chief of Police, who shall investigate
and make a recommendation as to any action to be taken against the
licensee, including, but not limited to, temporarily suspending or
revoking taxicab vehicle licenses or taxicab driver's licenses.
The Borough Clerk shall suspend or revoke a license in accordance
with the provisions of this chapter. After three temporary suspensions,
the Borough Clerk, upon the recommendation of the Chief of Police,
shall permanently revoke a license.
A.
Enforcement. This chapter shall be enforced by the Borough Police
Department.
B.
Penalties. Any person who violates any of the provisions of this
chapter, or has an employee who violates any provision of this chapter,
shall be subject to license application rejection or license revocation.
Any person who violates any provision of this chapter shall be subject
to a fine not to exceed $500 and the provisions of the New Jersey
Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.) may apply.
