[HISTORY: Adopted by the Board of Commissioners
of the Borough of Collingswood 8-16-1971 by Ord. No. 662 as
Ch. 91 of the 1971 Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any individual, copartnership, association or corporation
or joint-stock company, its lessees, trustees or receivers.
Includes 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 Borough of Collingswood
and particularly accepts and discharges such persons as may offer
themselves for transportation from points or places to points or places
within or without said borough, provided that nothing herein contained
shall be construed to affect any public conveyance which is by law
subject to state and/or federal regulation exclusively.
From and after the effective date of this chapter,
no person shall pick up for hire any passengers for any taxicab within
the Borough of Collingswood unless both the taxicab and the driver
thereof are licensed pursuant to the terms of this chapter and conform
to all the provisions hereof.
A.
Every application for a taxicab license shall be made
to the Board of Commissioners and shall set forth the full name and
address of the owner, lessee or bailee of the taxicab to be licensed,
the make and character of the taxicab, the length of time it has been
in use, the number of persons said vehicle is suitable for carrying,
the motor number and serial number of said vehicle, the then present
value of said vehicle and the place where it may be inspected by the
members of the Board of Commissioners or its duly authorized representative.
Each application shall be accompanied by a license fee of $200 for
a single taxicab to be licensed, together with a license fee of $25
for each additional taxicab if there shall be more than one taxicab
to be licensed.
[Amended 3-9-2012 by Ord. No. 1506]
B.
No taxicab license shall be issued to or renewed for
any taxicab unless and until proof shall have been given to the Borough
Clerk that the taxicab license applicant has adequately provided for
the safety of children, under the age of five years, who are passengers
in a licensed taxicab. In the case of a taxicab fleet, such proof
shall consist of a written policy and posted notice, at the base of
operation, and in all fleet taxicabs, conspicuous to drivers, setting
forth that, prior to the operation of the taxicab, children 18 months
of age or younger who are passengers in a taxicab shall be placed
in a federally approved restraint seat, and children over the age
of 18 months, but under the age of five years, must be placed in a
car seat, if riding in the front seat of a taxicab, or in a lap and/or
lap-and-shoulder-harness seat belt, if riding in the rear seat of
a taxicab. A taxicab fleet must at all times keep and maintain, in
fleet vehicles or at the base of operating, a total number of federally
approved car seats equal to 25% of the number of licensed taxicabs
in its fleet, which shall at all times be available for use by drivers
of fleet taxicabs. In the case of an independent owner, such proof
shall consist of proof that the independent owner keeps and maintains
a federally approved car seat in the passenger compartment or trunk
of the licensed vehicle at all times, for use in accordance with this
section.
[Amended 1-3-1995 by Ord. No. 1067]
No taxicab license or taxicab driver's license
shall be issued:
A.
To an individual who is not a citizen of the United
States or who has been convicted of a crime involving moral turpitude.
B.
To a copartnership unless all the members thereof
are citizens of the United States and none has been convicted of a
crime involving moral turpitude.
C.
To a corporation unless each of the officers, directors
and stockholders thereof is a citizen of the United States and none
has been convicted of a crime involving moral turpitude.
[Amended 3-9-2012 by Ord. No. 1506]
No taxicab license shall be issued until the
applicant therefor has filed with the Borough Clerk an insurance policy
of a company duly licensed to transact business under the insurance
laws of this state, providing for not less than $35,000 of motor vehicle
liability insurance coverage or the amount of motor vehicle liability
insurance required pursuant to Section 1 of P.L. 1972, c. 197 (N.J.S.A.
39:6B-1), whichever is greater, to satisfy all claims for damages,
by reason of bodily injury to, or death of, any person or persons,
resulting from, or on account of, an accident, by reason of ownership,
operation, maintenance, or use of such autocab upon any public street.
No taxicab license shall be issued until the applicant therefor shall have delivered to said Borough Clerk, concurrently with the filing of the insurance policy referred to in § 277-5 hereof, a power of attorney executed by said applicant wherein and whereby said applicant shall appoint the Treasurer of the Borough of Collingswood his, her 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 filed; and any license for a taxicab issued upon any such application shall continue effective and the operation of any taxicab thereunder shall be permitted only so long as said power of attorney shall remain in effect and unrevoked.
If the application for a taxicab license shall
be granted, there shall be issued to the applicant a license card
in evidence thereof, setting forth the name and address of the licensee,
the number of the license and the make and character of the taxicab
licensed, together with the motor number and serial number of said
vehicle and the maximum number of passengers to be carried therein
at any one time. Said license card shall be signed by the Borough
Clerk and shall at all times be prominently displayed and adequately
protected in the interior of any taxicab so licensed so that the fact
thereof shall be at all times in full view and plainly legible to
any passenger seated on the rear seat of such taxicab. There shall
also be displayed in the interior of said taxicab so licensed a statement
or schedule of the charges for the use thereof. (Any taxicab license
issued pursuant to this chapter may be transferred to another vehicle
owned or in the custody of the same licensee, upon the payment of
a transfer fee of five and upon the approval of the Board of Commissioners.)
Every application for a taxicab driver's
license shall be made to the Board of Commissioners and shall set
forth the full name and address of the applicant, his or her age,
whether or not he or she is a citizen of the United States. Such applicant
shall also furnish satisfactory evidence that he or she has received
a driver's license from the Motor Vehicle Department of the State
of New Jersey. No taxicab driver's license shall be issued to
any person who shall be under 19 years of age. Each applicant must
supply proof of a criminal history record background check. A license
fee of $50 shall accompany each application for a taxicab driver's
license.
If the application for a taxicab driver's license
shall be granted, there shall be issued to the applicant a license
card in evidence thereof, setting forth the number of the license,
the name and address of the licensee and his or her age. Said license
card shall be signed by the Borough Clerk and shall at all times be
prominently displayed and adequately protected in the interior of
any taxicab operated by the licensee so that the fact thereof shall
be at all times in full view of and plainly legible to any passenger
seated on the rear seat of such taxicab.
Every application for a taxicab license or a
taxicab driver's license shall be verified by the oath or affirmation
of the applicant or applicants if an individual or copartnership and,
if a corporation, shall be verified by the oath or affirmation of
an officer thereof.
Every 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 issued, unless sooner surrendered, suspended
or revoked; provided, however, that if an application for a renewal
shall have been filed on or before December 31, said taxicab may be
operated and said driver may operate a taxicab, pending the issuance
of a new license or licenses, until the 15th day of January next succeeding.
No license fee payable under this chapter shall be prorated nor shall
any part thereof be refunded for any reason unless a license shall
be refused.
Every taxicab so licensed shall have painted
on both sides thereof the word "Taxi" or "Cab" in letters at least
three inches high or the name of the operating owner containing the
word "Taxi" or "Cab" or "Taxicab."
Every application for a taxicab license shall,
in addition to all of the other requirements contained in this chapter,
contain a statement as to the hours when said taxicab will be in operation
for public use; and the failure of any licensee to provide taxi service
to the general public during the hours named in the application shall
be sufficient cause for revocation of any license.
The Board of Commissioners, after notice and hearing, may revoke or suspend any license issued pursuant to this chapter if the licensee has been once convicted of a crime in this or any other jurisdiction or has been 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 who or which violates any provision of this chapter or has any judgment unsatisfied against him, her or it arising out of an automobile accident or who or which has made false answers in his, her or its application for such license or any renewal thereof or who or which has failed or fails to render reasonably prompt, safe, proper and adequate taxicab service or who or which has not complied fully with all the requirements of this chapter with respect to such license. Any taxicab driver's license may be revoked or suspended by the Board of Commissioners after notice and hearing if the licensee has in any degree contributed to any injury to person or damage to property arising out of the negligent operation of a motor vehicle or if said taxicab driver shall have any infectious, communicable or contagious disease. Any taxicab license may be revoked or suspended by the Board of Commissioners after notice and hearing if the taxicab licensed is dangerous to the safety or health of the occupants or others by reason of unsafe or unsanitary conditions or if the insurance policy required by § 277-5 hereof has once lapsed or if such insurance coverage is not maintained at all times or if said licensed taxicab shall be used for any improper, immoral or illegal business or purpose.
A.
No person, partnership, association or corporation
to whom a taxicab license has been issued shall operate or maintain
a taxi stand on any of the public highways or elsewhere within the
Borough of Collingswood without express approval of the Board of Commissioners.
B.
The granting of a taxicab license or licenses shall
not be construed as permission to operate and maintain a taxi stand
or place of business within the Borough of Collingswood unless request
therefor was contained or shall hereafter be contained in the application
for any taxicab license or licenses, and no such taxi stand or place
of business shall be maintained without specific authority first being
given by the Board of Commissioners.
[Added 1-3-1995 by Ord. No. 1067[1] ]
A.
Every person operating a taxicab who is transporting
a child under the age of five years on roadways, streets or highways
of this borough shall be responsible for the protection of the child
by properly using a child passenger restraint system that complies
with federal vehicle safety standards.
B.
No driver shall operate a taxicab in which a child
five years of age or younger is a passenger unless:
(1)
A child 18 months of age or younger is in a car seat,
regardless of whether such child is in the front or rear seat.
(2)
A child over 18 months of age, but less than five
years, is in a car seat, if a front seat passenger, or is in a lap
belt or lap belt and shoulder harness, if a rear seat passenger.
[Amended 8-15-1994 by Ord. No. 1058]
Except as may be provided by N.J.S.A. 48:16-12,
any person violating any of the provisions of this chapter shall,
upon conviction, be punished either by imprisonment in the county
jail for any term not exceeding 90 days, by a fine not exceeding $1,000
or by a period of community service for not more than 90 days, or
any combination thereof, in the discretion of the court.
