Borough of South River, NJ
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of South River as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. I.
Fees — See Ch. 155.
Vehicles and traffic — See Ch. 193.
[Adopted 2-9-1977 by Ord. No. 1977-6 (Ch. 179 of the 1977 Code)]

§ 310-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of South River, in the County of Middlesex and State of New Jersey.
CRUISING
The practice of driving about the streets of the Borough with a taxicab so as to bring the presence of the taxicab to the attention of prospective passengers. A taxicab driving along the streets of this Borough 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 home, terminus or stand after discharging a passenger or going to or from the said terminus or stand to the driver’s home by the direct route shall be prima facie evidence of cruising.
[Added 5-11-2009 by Ord. No. 2009-11]
DRIVER
Any person who drives a taxicab within the Borough.
LICENSED
Licensed in accordance with the appropriate section of this article.
OPERATION OF A TAXICAB
Transporting in such taxicab one or more persons for hire along any of the streets of this Borough, accepting a passenger to be transported for hire within this Borough or from a point within this Borough to a point outside the Borough limits shall be deemed to be "operation of a taxicab" within the Borough within the meaning thereof. The "operation of a taxicab" in any of the above-described methods 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 the sign thereon or therein using the word "taxi," "taxicab," "cab," "hack" or word of similar connotation shall be prima facie evidence of operation.
[Amended 9-12-2016 by Ord. No. 2016-14]
OWNER
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.
PERSON
Includes the plural as well as the singular and artificial as well as natural persons.
TAXICAB
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 of the Borough of South River and which accepts passengers in the Borough for transportation from points or places to points or places within or without the said Borough, provided that nothing herein contained shall include or apply to public conveyances which are by law subject to state or federal regulations exclusively.

§ 310-2 License required.

[Amended 5-11-2009 by Ord. No. 2009-11]
No person shall drive a taxicab upon the streets of the Borough of South River and no person who owns or controls a taxicab shall permit it to be so driven and no taxicab licensed by the Borough shall be so driven for hire unless the driver of the taxicab shall have first obtained and shall have then in force and in his possession a taxicab driver’s license issued by the Borough of South River.

§ 310-3 Classes of licenses.

There are hereby established two classes of taxicab licenses, to be known as "taxicab driver's license" and "taxicab owner's license," respectively.

§ 310-4 Taxicab owner's license.

[Amended 5-11-2009 by Ord. No. 2009-11; 5-27-2014 by Ord. No. 2014-11; 9-12-2016 by Ord. No. 2016-14]
A. 
Any taxicab which is operated anywhere within this Borough must possess a valid taxicab owner's license. A taxicab owner's license shall entitle the taxicab therein described to be operated anywhere within this Borough by a driver duly licensed hereunder, until such license either expires or is surrendered, suspended or revoked, and shall not be transferable. The number of taxicab owner's licenses shall not exceed 25. However, nothing herein shall prevent the Municipal Council from increasing or decreasing the number of licenses pursuant to the procedure set forth in N.J.S.A. 48:16-2.1 et seq., should the public convenience and necessity so require. The number of taxicab owner's licenses issued to and held by any single taxicab company and/or owner shall not exceed 15. No individual, corporation, partnership or other business entity shall have an ownership interest or share in more than one taxicab business in the Borough of South River.
B. 
All taxicabs owned by the license holder, who maintain a fixed place of business in accordance with § 310-25A, shall be licensed by the Borough of South River and shall be subject to safety inspection(s) by a duly authorized representative of the Police Department.

§ 310-5 Taxicab driver's license.

[Amended 5-11-2009 by Ord. No. 2009-11; 9-12-2016 by Ord. No. 2016-14]
A. 
The applicant for a taxicab driver's license must be employed by a taxi company licensed for business within the Borough of South River.
B. 
A taxicab driver's license shall entitle the person named therein to operate within this Borough any taxicab duly licensed hereunder, until the license either expires or is surrendered, suspended or revoked, and shall not be transferable. There shall be no limit to the number of taxicab driver's licenses issued.
C. 
Any licensed owner who knowingly allows his vehicle to transport passengers by a driver who does not hold a valid taxicab driver's license shall be in violation of this article.

§ 310-6 Duration of license.

[Amended 7-9-2012 by Ord. No. 2012-15; 9-12-2016 by Ord. No. 2016-14]
A. 
Upon termination of employment from the licensed taxi company identified on the application for the license, the taxicab driver's license shall expire and shall be surrendered to the Borough Clerk.
B. 
Every license issued pursuant to the terms of this article shall expire at 12:00 midnight on the 31st day of December of the year next succeeding that in which it was issued, unless sooner surrendered, suspended or revoked. Applications for renewal shall be filed no later than October 15. Any application not filed by October 15 may preclude an applicant from operating or driving a taxi until such renewal license is issued.

§ 310-7 (Reserved) [1]

[1]
Editor's Note: Former § 310-7, Number of licenses to be issued, was repealed 5-11-2009 by Ord. No 2009-11.

§ 310-8 Application for driver's license.

[Amended 4-9-1987 by Ord. No. 1987-6; 5-11-2009 by Ord. No. 2009-11]
A. 
An application for a taxi driver's license shall be filed, in duplicate, with the Borough Clerk upon forms provided by the Clerk. The application shall be verified under oath and shall contain the following information:
(1) 
Name and address of the applicant.
(2) 
Places of residence for the preceding five years.
(3) 
Age, height, color of eyes and color of hair.
(4) 
Place of birth.
(5) 
Marital status.
(6) 
Previous employment and employer.
(7) 
Whether the applicant has ever been convicted of any of the following crimes:
[Amended 9-12-2016 by Ord. No. 2016-14]
(a) 
In New Jersey or anywhere else: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in Subsection r of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A. 2C:39-3, 2C:39-4 or 2C:39-9, or 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.
(b) 
In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection A(7)(a).
(8) 
Whether a driver's license issued by any state or municipality to him has ever been suspended or revoked, and for what cause.
(9) 
Whether he is able to read, write and understand the English language.
(10) 
Whether he is in good health and has good eyesight.
(11) 
Whether he is or has ever been addicted to the use of intoxicating liquors or drugs.
(12) 
Length of time the applicant has been a licensed automobile driver of the State of New Jersey.
(13) 
Such other reasonable information as the Chief of Police may require.
B. 
The application shall be accompanied by a copy of a New Jersey driver's license with four passport-type photographs of the applicant, front view, taken within 30 days of the application. The photographs shall be of a size not less than 1 1/4 inches in height and 1 3/4 inches in length.
[Amended 7-9-2012 by Ord. No. 2012-15]
(1) 
Submit a driver’s abstract: to be obtained by the applicant from the New Jersey Motor Vehicle Commission within 30 days of the date of application.
[Added 11-25-2013 by Ord. No. 2013-24]
C. 
This application shall also be accompanied by a certificate of a licensed and practicing physician of the State of New Jersey certifying that the applicant has been examined within 30 days of the date of the application and that the applicant is of sound physical condition, with good eyesight, not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might make him unfit for the sage driving of a taxicab. This requirement shall be waived for any applicant who has been issued a commercial driver’s license by the State of New Jersey.

§ 310-9 Qualifications of applicant.

[Added 4-9-1987 by Ord. No. 1987-6; amended 5-11-2009 by Ord. No. 2009-11]
No taxicab driver's license shall be issued unless the applicant establishes to the satisfaction of the Mayor and Council the following minimum qualifications:
A. 
That he is, and has been for at least one year immediately prior to the date of the application, the holder of a valid New Jersey automobile driver's license.
B. 
That he is over 18 years of age.
C. 
That he is in good health, with good eyesight.
D. 
That he is not addicted to the use of intoxicating liquors or drugs.
E. 
That he is able to read, write and understand the English language.
F. 
That he is of good character.
G. 
That he has not been convicted of a crime and has not violated any provision of this article. A person shall be disqualified from operating a taxicab if a criminal history record background check reveals a conviction of any of the following crimes:
[Amended 9-12-2016 by Ord. No. 2016-14]
(1) 
In New Jersey or anywhere else: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in Subsection r of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A. 2C:39-3, 2C:39-4 or 2C:39-9, or 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) 
In any other state, territory, commonwealth, or other jurisdiction of the United States or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection G(1).
(3) 
If a person who has been convicted of one of the crimes enumerated in Subsection G(1) or (2) of this subsection can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside of New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an autocab.
(4) 
The provisions of this subsection shall not apply to an operator or driver of an autocab who has received the consent to operate in a municipality prior to November 29, 2011.
H. 
That a driver's license issued by any state or municipality to him has not been suspended or revoked resulting from motor vehicle or criminal violations within two years immediately prior to the date of the filing of the application.
[Amended 9-12-2016 by Ord. No. 2016-14]
I. 
That he has knowledge of the state motor vehicle laws and traffic regulations.
J. 
That he has knowledge of the ordinances and geography of the Borough.

§ 310-10 Application for owner's license.

[Amended 4-9-1987 by Ord. No. 1987-6; 5-11-2009 by Ord. No. 2009-11]
A. 
An application for a taxicab owner's license shall be filed, in duplicate, with the Borough Clerk upon forms provided by the Clerk. The application shall be verified under oath and shall contain the following information:
(1) 
The name and address of the applicant; where the applicant is not a natural person, the name and address of all owners or participants in the ownership of the legal entity, all officers, directors or others of like position, whatever their title, and all other individuals having an interest in the legal entity.
(2) 
The year, type, color, make, model and vehicle identification number of the vehicle for which the license is desired.
(3) 
The number of persons the vehicle is capable of carrying.
(4) 
Whether the applicant, or any individual enumerated in § 310-10A(1), has ever been convicted, in this or in any other jurisdiction, of a crime, high misdemeanor, misdemeanor, reckless driving or violation of this article or any ordinance, statute or law governing taxicabs.
(5) 
Whether a driver's license issued by any state or municipality to the applicant, or any individual enumerated in § 310-10A(1), has ever been suspended or revoked and for what cause.
(6) 
Whether the applicant, or any individual enumerated in § 310-10A(1), is or has ever been addicted to the use of intoxicating liquors or drugs.
(7) 
The year, type, color, make, model and serial number of the vehicle for which the license is desired.
(8) 
New Jersey motor vehicle registration plate number of vehicle sought to be licensed.
(9) 
Color scheme of the vehicle or name, monogram or insignia to be used.
(10) 
The length of time the vehicle has been in use.
(11) 
Address within the Borough of South River from which the applicant intends to conduct the operation of the taxicab sought to be licensed.
[Amended 7-9-2012 by Ord. No. 2012-15]
(12) 
Any other pertinent information deemed necessary by the Chief of Police in the interest of public safety, health and welfare.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, regarding the annual application for renewal of taxicab owner’s licenses, was repealed 7-9-2012 by Ord. No. 2012-15.
C. 
The application shall be accompanied by four passport-type photographs of the applicant, if an individual, or of the manager or chief operating officer of the applicant, if other than an individual, front view, taken within 30 days of the application. The photographs shall be of a size not less than 1 1/4 inches in height and 1 3/4 inches in length.
D. 
Upon the request of the Borough Clerk, the applicant, or any individual enumerated in § 310-10A(1), shall submit to fingerprinting by the South River Police Department.
E. 
The application shall also be accompanied by the license fee prescribed by this article.
F. 
If, at any time following the filing of the application and continuing throughout the effective period of any license issued pursuant to this article, there are any changes in any of the information required by this section, the applicant or licensee shall report the same, in writing, to the Borough Clerk within three days after such change.
G. 
A copy of the complete schedule of the rates to be charged and a copy of the complete schedule of hours and days of intended operation of the vehicle.

§ 310-11 Investigation of application; approval or rejection of application.

[Added 4-9-1987 by Ord. No. 1987-6]
A. 
All applicants for a license under this article shall obtain a criminal background check at a private agency approved by the Borough. The results of the criminal background check shall be forwarded by the approved agency directly to the Borough Clerk. Upon receipt of a complete application, including the criminal background check referred to herein, and the driver’s abstract referred to in § 310-8B, the original shall be reviewed by the Chief of Police, the Borough Clerk and the Business Administrator, who shall cause such investigation of the applicant's driving record, criminal background, and business and moral character to be made as they deem necessary for the protection of the public good. Said investigation, prior to the issuance of a license hereunder, shall be mandatory. If the result of said investigation is that the application is satisfactory, same shall be approved by the Borough Clerk. If as a result of such investigation the applicant’s background reveals a prior history involving any of the crimes and offenses set forth in § 310-11C, or if the applicant’s driving record, character or business responsibility is found to be unsatisfactory, the application shall be denied, with reasons for said denial indicated on the application by the Borough Clerk. If an application is for a taxicab owner's license, the Traffic Safety Division of the Police Department shall conduct an inspection of the vehicle or vehicles to be licensed. A report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application and returned to the Borough Clerk for consideration by the governing body at a regular meeting of the Borough Council.
[Amended 7-9-2012 by Ord. No. 2012-15; 11-25-2013 by Ord. No. 2013-24; 9-12-2016 by Ord. No. 2016-14]
(1) 
Prior to issuing an original taxi owner's license, the Police Department shall inspect the taxi to verify that the taxi possesses a valid motor vehicle inspection sticker. Upon receipt of any new sticker, the taxi shall again be presented for inspection by the police to verify that a valid sticker is in place. Upon successful inspection of the vehicle, a number decal shall be issued by the Police Department to be affixed to the rear window of the vehicle. If the vehicle fails inspection, reinspection must occur within 14 days of the initial inspection. The license issued for a vehicle listed on the owner’s application that has failed inspection by the Traffic Safety Division and is not in operation after the reinspection period has expired will be forfeited.
(2) 
No taxi shall be put in service or kept in service unless both heat and air conditioning are operational.
A1. 
After the initial criminal background check that includes a fingerprinting process, annual subsequent criminal background checks for the purpose of licensing shall consist of the use of the New Jersey State Police SBI 212A Form, unless otherwise dictated by the Borough Clerk or the Chief of Police.
[Added 9-12-2016 by Ord. No. 2016-14]
B. 
Appeals. Any person aggrieved by the action of the Chief of Police, Business Administrator and Borough Clerk in the denial of an application for a license as provided in § 310-11A of this chapter, or in the decision with reference to revocation of a license as provided in § 310-15 of this chapter, shall have the right of appeal to the Mayor and Council of the Borough of South River. Such an appeal shall be taken by filing with the Mayor and Council within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of the appeal. The Mayor and Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 310-15 of this chapter for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
[Amended 11-25-2013 by Ord. No. 2013-24]
C. 
Criminal history record background check.
[Added 2-13-2012 by Ord. No. 2012-3]
(1) 
Each operator or driver of the autocab for which the owner thereof is seeking the consent to operate in a municipality must submit to the performance of a criminal history record background check. The cost for the criminal history record background check, including all costs of administering and processing the check, shall be borne by the operator or driver of the autocab.
(2) 
A person shall be disqualified from operating or driving an autocab if a criminal history record background check required pursuant to this subsection reveals a record of conviction of any of the following crimes:
(a) 
In New Jersey or elsewhere, any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in Subsection r of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4, or N.J.S.A. 2C:39-9, or 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.
(b) 
In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection C(2)(a) of this section.
(c) 
If a person who has been convicted of one of the crimes enumerated in Subsection C(2)(a) and (b) of this section can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an autocab.

§ 310-12 Inspection and maintenance of taxicabs.

[Added 4-9-1987 by Ord. No. 1987-6]
No vehicle licensed under the provisions of this article shall be used or operated unless it exhibits, at all times, a valid New Jersey inspection certificate. Every vehicle operating under this article shall, at all times, be maintained in a sanitary condition and shall be mechanically sound, and the interior and exterior shall be kept in good order, free from dirt, rust, dents or other damage.

§ 310-13 Insurance.

[Amended 5-11-2009 by Ord. No. 2009-11]
A. 
No license shall be issued by the Township Clerk unless the applicant has filed an insurance policy with the Clerk in accordance with the requirements of N.J.S.A. 48:16-3.
[Amended 7-9-2012 by Ord. No. 2012-15; 9-12-2016 by Ord. No. 2016-14]
B. 
The Borough Clerk shall notify the Chief of Police of the filing of the insurance policy required by Subsection A of this section.
C. 
The taxicab license and operation hereunder shall be effective only so long as the insurance policy required by this section shall remain in full force to the full and collectible amounts as required by this section.

§ 310-14 Fees.

[Amended 2-25-1982 by Ord. No. 1982-4]
The fees for the issuance of licenses herein referred to shall be as provided in Chapter 155, Fees.

§ 310-15 Issuance, denial, revocation and suspension.

[Amended 4-9-1987 by Ord. No. 1987-6; 5-11-2009 by Ord. No. 2009-11; 7-9-2012 by Ord. No. 2012-15; 9-12-2016 by Ord. No. 2016-14]
A. 
The Mayor and Council of the Borough of South River may, in its discretion, refuse to issue or, after notice and a hearing, refuse to renew, revoke or suspend:
(1) 
Any license of either class if the applicant or licensee, within two years next preceding the filing of an application hereunder or having obtained a license and while said license is in effect hereunder:
(a) 
Has been or is convicted of any of the crimes and offenses set forth in § 310-11C, in this or any other jurisdiction, or of reckless driving;
(b) 
Has had his driving privileges revoked in this or any other state;
(c) 
Violates any provision of this article or has any judgment unsatisfied of record against him arising out of an automobile accident;
(d) 
Has failed or fails to render reasonable, prompt, safe and adequate taxicab service;
(e) 
Has not complied fully with the requirements of this article for such class of license;
(f) 
Has failed to comply with the minimum qualifications and/or vehicle maintenance requirements established by this article for such class of license;
(g) 
Makes a misrepresentation of any material fact made or disclosed in an application; or
(h) 
Has permitted a driver whose driver's license has been revoked or who has been denied a taxi driver's license to operate a taxi.
(2) 
Any license of either class if the governing body determines that public convenience currently does not require additional licensed taxicabs or that public safety will be best served by the refusal to issue any additional licenses or that the granting of the license applied for is not in the interest of the public health, safety or welfare.
(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 and health of the occupants or others or if the policy of insurance required by this article or by any statute of the State of New Jersey has become lapsed or such coverage is not maintained at all times.
B. 
Right to inspect vehicles; suspension or revocation of license prior to hearing. In the event that the Chief of Police believes that the health, safety or welfare of passengers would be endangered if a license is not immediately suspended or revoked, the Chief of Police is authorized to immediately suspend or revoke a license prior to the licensee having an opportunity for a hearing with the Borough Council. In such cases of immediate suspension or revocation, the licensee shall be entitled to a hearing before the Borough Council within 15 days of the Chief of Police's notification of the suspension or revocation.

§ 310-16 Display of licenses.

Each applicant granted a taxicab driver's license shall be issued a license card in evidence thereof in a form approved by the Mayor and Council of the Borough of South River and signed by the Borough Clerk on its behalf. Such license card shall at all times be carried by the driver while operating a taxicab. In addition, the owner of the taxicab shall furnish a card with the name of the driver, which shall at all times be prominently displayed and adequately posted in the interior of any taxicab operated by the licensee so that the face thereof shall be at all times in full view and plainly legible to any passenger seated on the rear seat of such taxicab, and there shall be affixed to such card, in full view of such passengers, a photograph of such licensed driver, of a size not less than 1 1/4 inches in height and 1 3/4 inches in length, together with a photograph of the licensed owner of such taxicab, of the same size, and each of the said photographs shall have indicated thereon the words "Licensed Taxicab Owner" or "Licensed Taxicab Driver," as the case may be.

§ 310-17 Lapse of insurance.

The operation of any taxicab licensed pursuant to this article shall be permitted and shall be lawful only so long as the applicable liability insurance policies prescribed by this article shall remain in full force to the full and collectible amount stated in said policies.

§ 310-18 Fares posted.

No taxicab shall hereafter be operated in this Borough unless and until there is prominently displayed in the interior thereof, within the full view and access of any passengers 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 others shall be charged any passenger so transported.

§ 310-19 Taxicabs to be so designated.

[Amended 5-11-2009 by Ord. No. 2009-11]
A. 
All taxicabs added to any taxicab company’s fleet, after the effective date of this subsection, shall be of matching color and lettering.
B. 
Every taxicab so licensed shall have conspicuously located on the exterior thereof the word “taxicab,” which shall be illuminated during darkness.
C. 
No tinting or obstruction shall be added to any windows of the taxicab vehicle that restricts the view of the interior of the vehicle, excluding such tinting or obstructions that are original manufacturer’s installed equipment.
D. 
The owner of an autocab shall cause to be displayed on the body of the vehicle the taxi license number issued to that vehicle. The number shall be three inches in height and located in the center of the rear quarter panels on the driver and passenger sides and the rear center line of the trunk of the vehicle. Each autocab shall display on each rear door of the autocab the name of the municipality or municipalities which have issued the autocab a taxi license in letters three inches in height.
[Added 2-13-2012 by Ord. No. 2012-3]

§ 310-20 Additional rules and regulations; amendments.

[Amended 9-12-2016 by Ord. No. 2016-14]
The Mayor and Council may, by ordinance, make such general rules and regulations and such special rulings and findings as may be necessary for the proper regulation and control of the operation of taxicabs in the Borough and for the enforcement of this article. The Mayor and Council, in implementing this article, shall at all times consider the purpose and intent of this article, the character of the various districts of the Borough and the needs of the public, with particular consideration of pedestrian and vehicular traffic.

§ 310-21 Violations of rules and regulations.

[Amended 9-12-2016 by Ord. No. 2016-14]
The violation by the taxicab owner or the taxicab driver of any rules, regulations, special rulings and findings shall be sufficient cause for revocation of any license granted to such taxicab owner or taxicab driver pursuant to this article and shall be sufficient cause for the refusal by the Mayor and Council to renew such license, in addition to any and all other grounds heretofore specifically mentioned in this article.

§ 310-22 Taxicabs licensed elsewhere.

[Amended 9-12-2016 by Ord. No. 2016-14]
A. 
Owners and drivers of taxicabs licensed out of the jurisdiction of this Borough may be allowed to enter their taxicabs in this Borough on specific call only to discharge a passenger to a location point within the limits of the Borough of South River. Owners and drivers of taxicabs licensed out of the jurisdiction of this Borough are prohibited from entering their taxicabs into this Borough with the purpose of:
(1) 
Transporting a person from a location point to a location point within the limits of the Borough of South River.
(2) 
Transporting a person from a location point within the limits of the Borough of South River to a location point located outside the limits of the Borough.
B. 
Such taxicabs shall not be parked in this Borough, nor shall the drivers thereof cruise on the streets of this Borough at any time for the purpose of soliciting passengers, nor shall they in the nighttime or other periods of darkness, when in this Borough, permit any advertising lights on the taxicab to remain lighted; provided, however, that the same or similar substantial reciprocal rights are granted to owners and drivers of taxicabs licensed in this Borough by the municipalities in which the aforesaid owners or drivers are licensed.

§ 310-23 Substitution of vehicle.

[Added 5-11-2009 by Ord. No. 2009-11]
The vehicle described on the taxicab license may be substituted or replaced by another vehicle only after written permission is received from the Chief of Police. Permission shall not be granted until:
A. 
The existing license application is amended to include the relevant information with respect to the substituted vehicle.
B. 
The vehicle substituted has been inspected as required by § 310-11A.
C. 
The vehicle complies with all the requirements of this article and the insurance policy required pursuant to § 310-13 has been amended to disclose the substitution of the new vehicle.
D. 
The license for said substitute vehicle shall have the same effective date and expiration date as the original vehicle’s license.

§ 310-24 License transferability.

[Added 5-11-2009 by Ord. No. 2009-11]
A. 
Taxicab owner’s license.
(1) 
Taxicab licenses issued pursuant to this section may be sold, assigned, mortgaged or otherwise transferred by the designated person to whom such licenses were issued, provided that such transfer takes place simultaneously with the sale of the business and that the transferee of the licenses will be the new owner.
(2) 
Any licenses not transferred to the new owner of the business shall immediately and automatically revert back to the Borough.
B. 
Taxicab driver’s license. No taxicab driver’s license issued pursuant to this section may be sold, assigned, mortgaged or otherwise transferred by the designated person to whom such license was issued.

§ 310-25 Taxicab operating regulations.

[Added 5-11-2009 by Ord. No. 2009-11]
A. 
Parking and standing.
(1) 
No person shall park or stand any taxicab on any streets of the Borough or upon any premises, other than as permitted herein below, except for the purpose of pickup or discharge of passengers or at such place or places as the Borough Council may from time to time designate as a municipal taxi stand.
[Amended 7-9-2012 by Ord. No. 2012-15]
(2) 
No taxicab shall stand at the curb within 15 feet of the entrance to any hotel, restaurant, tavern or other public place, and it shall not stand within 25 feet of any crosswalk or fire hydrant.
(3) 
Every owner holding a South River taxi owner’s license shall maintain a fixed place of business within the Borough which is approved by the Borough Zoning Officer and shall park all taxis only in accordance with Chapter 350 of the Code of the Borough of South River or in a municipal parking lot upon issuance of a parking permit by the South River Parking Utility. The licensee shall provide a letter from the owner of the property confirming that, upon issuance of a license by the Borough, the licensee is permitted to park taxis on-site for a minimum of 12 months.
[Added 7-9-2012 by Ord. No. 2012-15]
(4) 
If the licensee intends to occupy space in a building at a central place of business, the licensee must also secure a certificate of use for occupancy from the Zoning Officer.
[Added 7-9-2012 by Ord. No. 2012-15]
B. 
Cruising. No person shall cruise on the streets of the Borough with any taxicab at any time for the purpose of soliciting passengers.
C. 
Additional passengers. No driver shall permit any other person to occupy or ride in the taxicab unless the person or persons first employing a taxicab shall consent to the acceptance of an additional passenger or passengers.
D. 
Restriction on number of passengers.
(1) 
The number of passengers permitted to be carried in any taxicab shall be in accordance with the particular vehicle manufacturer’s passenger capacity specifications.
(2) 
Transportation of all passengers shall be in accordance with all applicable New Jersey state statutes and regulations.
E. 
Recordkeeping by owners.
(1) 
The holder of each and every taxicab license shall record in a book kept solely for such purpose the time of departure and the time of return of each taxicab. It shall also include the place of origin and destination as well as the name of the driver.
(2) 
The record book shall be kept open for inspection at all times by a duly authorized representative of the Police Department.
F. 
Recordkeeping by the drivers.
(1) 
The licensed driver of each taxicab shall keep a daily record upon which all trips shall be recorded. The daily record shall show the time and place of origin and destination of each trip and the amount of fare received for each trip. All such records shall be given to the holder of the taxicab license and shall be retained for two years by such holder. The holder of the taxicab license shall be responsible for the maintenance of daily records of all taxicabs operated by him. Such daily record shall be kept in the taxicab vehicle during daily operations.
(2) 
The form of such records shall be approved by the Chief of Police.

§ 310-26 Violations and penalties.

[Amended 5-11-2009 by Ord. No. 2009-11]
Any person who shall violate a provision of this article shall, upon conviction thereof, be punished by one or more of the following: a fine not exceeding $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days.
[Adopted 5-11-2009 by Ord. No. 2009-11]

§ 310-27 Purpose.

The purpose of this article is to regulate and control the operation of autocabs, also known as "limousine and livery services," within the Borough pursuant to N.J.S.A. 48:16-13 et seq.

§ 310-28 Definitions.

As used in this article, the following terms shall have the meaning indicated:
AUTOCAB
A limousine.
BOROUGH
The Borough of South River, New Jersey.
CRUISING
The practice of driving about the streets of the Borough with a taxicab or limousine so as to bring the presence of the taxicab or limousine to the attention of prospective passengers. A taxicab or limousine driving along the streets of this Borough 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 or limousine by a prospective passenger or returning by the most direct route to the taxicab or limousine's home, terminus or stand after discharging a passenger or going to or from the said terminus or stand to the driver's home by the direct route shall be prima facie evidence of cruising.
DRIVER
Any person who drives a limousine within the Borough.
LIMOUSINE
A motor vehicle used in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route and with a seating capacity in no event of more than 14 passengers, not including the driver, provided that such vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle, not including the driver, at the time of manufacture. Nothing in this definition shall be construed to include taxicabs, hotel buses or buses regulated by the New Jersey Department of Transportation.
LIMOUSINE SERVICE
Includes the business of carrying passengers for hire by limousine.
OWNER
Includes any individual, copartnership, association, corporation or joint-stock company.
PRINCIPAL PLACE OF BUSINESS
The location of the main place of business of the limousine service in the municipality where limousine service is conducted, where limousines are dispatched, or where limousine drivers report for duty.
STREET
Includes any street, avenue, park, parkway, highway, boulevard or other public place.

§ 310-29 Classes of licenses.

There are hereby established two classes of limousine licenses, to be known as "limousine owner's license" and "limousine driver's license."
A. 
Limousine owner's license. A limousine owner's license shall entitle the limousine therein described to be operated anywhere within this Borough by a driver duly licensed hereunder, until such license either expires or is surrendered, suspended or revoked, and shall not be transferable. There shall be no limit to the number of limousine owner's licenses issued.
B. 
Limousine driver's license. A limousine driver's license shall entitle the person named therein to operate within this Borough any limousine duly licensed hereunder, until the license either expires or is surrendered, suspended or revoked, and shall not be transferable. There shall be no limit to the number of limousine driver's licenses issued.

§ 310-30 Licenses required.

A. 
An owner of a limousine service having a principal place of business in the Borough of South River must obtain a license for said service from the Borough Clerk of the Borough of South River as hereinafter provided.
B. 
Each driver of a limousine service having his or her principal place of business in the Borough of South River must obtain a limousine driver's license from the Borough Clerk of the Borough of South River.
C. 
No person shall drive a limousine upon the streets of South River and no person who owns or controls a limousine shall permit it to be driven and no limousine licensed by the Borough shall be driven for hire unless the driver of the limousine shall have first obtained and shall have then in force and in his possession a limousine driver's license issued by the Borough of South River.

§ 310-31 Owner's license application requirements.

Applications for licenses shall be made in writing, upon forms provided by the Borough of South River, signed by the applicant before a notary public or another person duly authorized to administer oaths and filed with the Borough Clerk. Said applications shall contain or be accompanied by the following:
A. 
The name, age and residence of the applicant.
(1) 
If a partnership, the names, ages and residents of all partners, along with the business address of the partnership.
(2) 
If a corporation, the names, ages and residences of its president, secretary and treasurer. Applications made by a corporation shall be signed in its name by the president and attested by the secretary.
B. 
The serial number, type, color, year and make of the limousine, the state registration number, number of doors on said vehicle and number of persons the vehicle can carry as passengers.
C. 
A certificate of compliance attesting that the applicant has complied with all state statutes governing limousine services.
D. 
Insurance requirements.
(1) 
Before a person or party shall be allowed to operate an autocab, also known as "limousine service or livery service," the party or person, as the owner, shall file with the Clerk of the Borough an insurance policy pursuant to N.J.S.A. 48:16-14 in the sum of $1,500,000, or as may otherwise be required by the statute in such case made and provided, against loss by reason of liability imposed by law upon every autocab, limousine, or livery service owner for damages or bodily injury or death suffered by any person as a result of an accident and against loss by reason of property damage. The right to operate an autocab, also known as "limousine service or livery service," shall be permitted only so long as the insurance policy shall remain in full force and effect for such statutory amounts. The contents of the insurance policy shall also provide for the payment of any final judgment recovered by a person on account of the ownership, maintenance and use of such autocab, limousine, or livery service, or any fault in respect thereof, shall be for the benefit of every person suffering loss, damage, or injury and shall state the name of the insurance company, the number and the date of expiration of the policy and a description of every limousine insured thereunder and the registration number of the same. In addition to the actual policy, the party or person, as owner, shall provide a specific power of attorney to the Borough Administrator permitting the Borough to confirm at any time that the above-required insurance is in effect.
(2) 
The operation shall be permitted only so long as the insurance policy remains in full force and effect as to the full and collectible amount of $1,500,000 or such other amount as may be required by statute. Limousine owners, or anyone on their behalf, shall not undertake to cancel or have canceled any such policy without giving the Borough Clerk 10 days' notice of the intention to do so.
(3) 
The insurance policy shall provide for the payment of any final judgment covered by any person on account of the ownership, maintenance and use of such limousine upon any public street or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
(4) 
Every person operating a limousine, whether an owner and/or driver, who is transporting a child under five years on the roadways, streets or highways of the Borough shall be responsible for the protection of the child by properly using a child passenger restraint system that complies with federal vehicle safety, N.J.S.A. 39:3-76.2a.
E. 
Power of attorney. The owner of the limousine shall execute and deliver to the Division of Motor Vehicles, concurrently with the filing of a certificate of insurance, a power of attorney, wherein and whereby the owner shall appoint the Director of Motor Vehicles his 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 filed.
F. 
No limousine owner's license shall be issued until the location of the business is approved by the Zoning Officer.
G. 
The owner and operator of each limousine operating in the Borough shall keep the limousine in good running order so that it makes a presentable appearance and is in compliance with all current Division of Motor Vehicle (DMV) regulations. The owner of each limousine shall have each limousine presented to the Chief of Police or his designee prior to the issuance or renewal of the limousine owner's license and thereafter upon the request of the Chief of Police or his designee so that it may be inspected to determine whether it complies with the provisions of this article.
H. 
A nonrefundable limousine license fee as set forth in Chapter 155, § 155-3.1. This license is nontransferable and shall be valid from its date of issue until December 31 of the same year. Thereafter, a renewal license shall be valid for one year from January 1 until December 31. There will be no proration of the fee.

§ 310-32 Limousine appearance.

No lettering, emblem or advertising may be placed on a licensed limousine.

§ 310-33 Limousine operation.

A. 
Limousine drivers shall not solicit business in a manner similar to that of a taxicab or attempt to solicit business by knowingly misleading a prospective passenger.
B. 
No person shall cruise upon the streets of the Borough of South River with any limousine at any time for the purpose of soliciting passengers. Upon conviction for violation of this provision, in addition to any fine that may be imposed, the license of the operator of such vehicle may be suspended for a period of up to 30 days by the Borough Clerk.
C. 
The driver of any limousine shall, upon request of any passenger, render a receipt for the fare charged. The receipt shall state the name of the driver, limousine license number, the amount of the fare, the points of original and destination and the date and time of the transaction. The number of passengers permitted in any taxicab or limousine shall comply with the particular vehicle manufacturer's passenger capacity specifications.

§ 310-34 Driver's license application requirements.

A. 
Applications for licenses shall be made in writing, upon forms provided by the Borough of South River, signed by the applicant before a notary public or another person duly authorized to administer oaths and filed with the Borough Clerk. Said applications shall contain or be accompanied with the following information:
(1) 
The name, residence, age, height, weight, color of eyes and color of hair of the applicant.
(2) 
The name and address of the applicant's current employer and name and address of all employers within the last five years.
(3) 
Whether a driver's license issued to the applicant by New Jersey or any other State has ever been suspended and, if so, for what cause.
(4) 
Copy of a valid New Jersey driver's license.
(5) 
A copy of the written notification of the Commissioner of Transportation's determination that the applicant is qualified for employment as a limousine driver.
(6) 
Results of a drug screening testing conducted within 30 days of an application submitted to the South River Police Department. This drug test must have been performed by a facility duly licensed to conduct drug testing by the State of New Jersey, which shall have screened for all illegal substances.
(7) 
A certificate from a licensed physician of the State of New Jersey, at the applicant's expense, certifying that the applicant has been examined within the preceding 30 days and that such applicant has no infirmity of body or mind or visual impairment or deficiency which might render the applicant unfit for the safe operation of a limousine.
(8) 
Two recent photographs, being not less than 1 1/4 inches in height by one inch in length, of the applicant.
(9) 
A statement as to whether the applicant has ever been convicted of violating any criminal or quasicriminal statute, including traffic laws and municipal ordinances; if the applicant has been convicted, a statement as to the date and place of conviction, the nature of the offense and the punishment imposed.
(10) 
A nonrefundable limousine driver's license fee as set forth in Chapter 155. This license is nontransferable and shall be valid from its date of issue until December 31 of the same year. Thereafter, a renewal license shall be valid for one year from January 1 until December 31. There will be no proration of the fee.
B. 
Any misrepresentation of any material act made or disclosed in the application shall be cause for refusal and/or revocation of the license or the imposition of the penalty provided in § 310-38.

§ 310-35 Issuance of license to operate limousine.

A. 
Upon proof that the owner of the autocab, limousine, or livery service has complied with filing the required insurance policy, the Borough Clerk shall issue a certificate, in duplicate, showing that the owner has complied with the terms and provisions of this section and the New Jersey state statutes. This certificate issued by the Borough Clerk shall recite the name of the insurance company, the number and date of expiration of the policy, a description of every autocab, limousine, and livery service insured under the policy and the registration number of the vehicles registered thereto. The duplicate certificate shall be filed with the Division of Motor Vehicles before any car is registered as an autocab, limousine, or livery service. The original certificate shall be posted in a conspicuous place within the autocab, limousine, or livery vehicle.
B. 
The license shall state the name of the insurance company, the number and date of the expiration of the policy and a description and the registration number of each limousine insured thereunder. The duplicate license shall be filed with the Division of Motor Vehicles before any such vehicle is registered as a limousine service.
C. 
A limousine shall not be operated for service within the Borough unless the driver thereof has been issued a valid limousine driver's license.

§ 310-36 Inspection of license and operations.

A. 
The original license shall be retained within the limousine and shall be available for inspection by any police officer of the state.
B. 
No limousine shall operate on the highways of this state unless it has a license issued and the limousine is equipped, in accordance with minimum standards established by the Director of the Division of Motor Vehicles and the Department of Transportation, with:
(1) 
A two-way communications system, which, at a minimum, shall provide for communication to a person outside the vehicle for a distance of not less than 100 miles and which requirement may be satisfied by a mobile telephone.
(2) 
A removable first-aid kit and an operable fire extinguisher, which shall be placed in an accessible place within the vehicle.
(3) 
Sideboards attached to the permanent body construction of the vehicle if the height of the vehicle floor is 10 inches or more above ground level.

§ 310-37 Jurisdiction and responsibility.

The Chief of Police or his designee shall have the jurisdiction and responsibility for:
A. 
Inspecting limousines and ensuring that any limousine service has sufficient off-street parking for all its limousines and employees of the limousine service.
B. 
Instituting an investigation of the facts stated in any application and evaluating the application in light of the criteria set forth in §§ 310-28 and § 310-31. 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 recommendation shall be forwarded to the Borough Clerk at least three days before the date set for any action by the governing body with regard to such application. A copy of the report shall also be sent to the applicant.
C. 
Conducting periodic inspections of licensed limousines. Before any limousine license is issued, the vehicle sought to be licensed shall be driven to a place designated by the Chief of Police and shall be inspected to determine if the vehicle is safe for the transportation of passengers, sanitary and otherwise fit for the transportation of passengers as well as in conformity with the provisions of this article. Any vehicle found to be unsafe, unsanitary, or not suitable for service may be removed from service and not returned to service until it has been reinspected by the Chief of Police or his designee.

§ 310-38 Enforcement.

[Amended 5-27-2014 by Ord. No. 2014-11]
This article shall be enforced by the Police Department of the Borough of South River. Violations of this article that occur upon private property may be enforced by either the Police Department of the Borough of South River or the Code Enforcement Officer of the Borough of South River.