[Amended 3-28-2000 by Ord. No. 2000-1]
As used in this article, the following words
shall have the meanings given herein:
Includes any automobile or motor car, commonly called "taxi"
or "taxicab," 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 or public highways of this
state, and particularly accepts and discharges such persons as may
offer themselves for transportation from points or places to points
or places within or without the state.
Consists of transporting in a taxicab one or more persons
for hire. Accepting a passenger to be transported for hire from a
point of departure within the borough to a destination within or without
the borough shall be considered operation of a taxicab within the
borough. The operation of a taxicab by one other than the owner shall
be deemed operation by the owner, as well as by the person actually
driving the taxicab. The transportation of any person other than the
owner or driver in any motor vehicle bearing a sign using the words,
"taxi," "taxicab," "cab" or "hack" shall be presumed, in the absence
of evidence to the contrary, to be operation of a taxicab.
Any person in whose name title to any taxicab is registered
with the New Jersey Division of Motor Vehicles, or who appears in
the division's records as a conditional vendee or lessee or who has
any other proprietary interest in a taxicab.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
Includes any streets, avenue, park, parkway, highway or other
public place.
[Amended 3-28-2000 by Ord. No. 2000-1]
No person shall operate a taxicab or cause any
taxicab to be operated in the borough without first having obtained
a license for:
Before the Borough Council shall issue any license
for a taxicab other than the renewal of an existing license, it shall
be satisfied that public convenience and necessity so require.
[Amended 5-31-1978 by Ord. No. 1978-9]
An applicant for a taxicab license shall be
the owner of the vehicle and must be at least 18 years of age. An
applicant for a taxicab driver's license must be at least 18 years
of age. All applicants for licenses under the provisions of this chapter
shall be of good moral character.
Application for a license required by this chapter
shall be made to the Borough Clerk upon forms provided by her and
shall contain the following information:
A.
The name and address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
B.
A description of the taxicab sought to be licensed,
including the type of motor vehicle, the name of the manufacturer,
the serial number, license number and seating capacity.
C.
Recommendations from at least two reputable citizens
of the Borough of Stanhope.
The Borough Council shall, within 30 days of
filing of the application, either grant or deny the license. Applications
shall be considered in the order in which they are received.
[Amended 5-31-1978 by Ord. No. 1978-9; 12-18-2012 by Ord. No. 2012-21]
A.
No taxicab owner's license shall be transferred without the approval of the Borough Council and the payment of a transfer fee as provided for in Chapter 82, Fees. No such approval shall be granted to any person who is not qualified by the provisions of this chapter to obtain a taxicab owner's license.
[Amended 5-31-1978 by Ord. No. 1978-9]
B.
A licensee may be permitted to substitute a vehicle
or driver in the place of a licensed vehicle and registered driver,
provided that notice of the proposed substitution is given to the
Clerk, which notice shall contain the following information:
(1)
The borough license number of the vehicle replaced.
(2)
The date and time of replacement.
(3)
The reasons for replacement.
(4)
The insurance coverage of the vehicle substituted.
(5)
In the case of a substitute driver, his name, his
address, age and New Jersey driver's license number.
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During the period of substitution, the borough
license number shall be transferred to the substituted vehicle.
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C.
In the event that permission is sought to substitute
a vehicle or driver because of damage or destruction of the vehicle
or injury or illness of the driver, temporary permission for the substitution
may be made by the officer in charge of the Borough Police Department.
Temporary permission from the Police Department shall be for a period
of not more than 72 hours.
A.
All taxicab drivers shall register with the Police
Department and complete such registration forms and questionnaires
as the Police Department may appropriately require. Registrants may
be required by the Police Department to supply photographs of themselves
and shall be fingerprinted if the Chief of Police determines that
this is necessary for the identification of the registrant.
B.
The fee for registration shall be as provided for in Chapter 82, Fees.
[Amended 5-31-1978 by Ord. No. 1978-9]
C.
Registration shall be evidenced by a registration
certificate which shall be displayed in the taxicab at all times while
the registrant is operating it.
A.
Every licensed operator, when operating a taxicab,
shall have a valid taxicab driver's license in his possession and
shall exhibit the same upon request of any public official, taxicab
passenger or other duly authorized agent of the borough.
B.
Any police officer of the borough may inspect any
taxicab at any time.
C.
Every licensed taxicab shall exhibit a card containing
the name of the owner of the vehicle, the number of the owner's license
and the rates of fare established by this chapter.
D.
Every licensed operator shall, on demand, give to
any passenger a receipt indicating the name of the owner, the driver's
license number and the fare charged.
If at any time, in the opinion of the Borough
Council, it becomes advisable, the Council may adopt by resolution
a schedule of rates which may be charged by the owners or drivers
of taxicabs or other vehicles for the transportation of passengers,
as in their judgment may seem fair and reasonable.
A.
No owner or driver shall refuse or neglect to accept
a passenger for a trip wholly or partially within the limits of the
Borough of Stanhope, but this section shall not require any taxicab
owner or driver to accept for one trip more passengers than may lawfully
be carried in any of the municipalities adjacent to the borough when
such trip is to be made partially within the limits of an adjacent
municipality.
B.
No person shall operate a taxicab unless it is equipped
with seat belts for the front and rear seats.
C.
No license shall give to the holder the right to occupy
any private place as a taxicab stand within the borough.
D.
No person shall park a taxicab or loiter on any of
the public streets of the borough when not actually engaged by a fare-paying
passenger.
E.
No person shall cruise any of the public streets of
the borough for the purpose of soliciting passengers.
F.
No person operating a taxi shall permit any person
other than the passenger being transported for hire in or about such
taxicab when in service as a taxicab, except with the permission of
the passenger.
G.
No owner or driver of any taxicab shall induce any
person to employ him by knowingly misinforming or misleading any such
person as to the time or place of the arrival or departure of any
train, nor shall any such owner or driver deceive any person, make
false representations to him or convey any passenger to any place
other than that requested by the passenger or over any route other
than the most direct route to the passenger's destination.
H.
There is reserved to the Borough Council the right
to make such rules and regulations in relation to the operation of
taxicabs and the conduct of the operators thereof as the Council may,
from time to time, determine to be necessary and proper in the best
interests of the citizens of the borough.
A.
No license granted hereunder shall become effective until the owner
of the autocab shall have filed with the Borough Clerk an insurance
policy which shall be issued by an admitted insurance company duly
licensed to transact business under the insurance laws of New Jersey
or a company registered to do business in New Jersey with the policy
providing for not less than $35,000 of motor vehicle liability insurance
coverage or the amount of motor vehicle liability insurance coverage
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 the death of, any person or persons resulting
from, or on account of, an accident, by reason of the ownership, operation,
maintenance, or use of such autocab upon any public street, and to
satisfy any claim for damages to property of any person or persons
resulting from, or on account of, an accident by reason of the ownership,
operation, maintenance, or use of such autocab upon any public street.
B.
Nothing contained in this subsection shall prohibit the owner of
an autocab from obtaining any additional amount of motor vehicle liability
insurance coverage from a company licensed outside the State of New
Jersey.
C.
The consent shall be effective and operation thereunder shall be
permitted only so long as the insurance policy shall remain in force
to the full and collectible amounts as aforesaid.
D.
The insurance policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, maintenance,
or use of the autocab or any fault in respect thereto, and shall be
for the benefit of every person suffering loss, damage or injury as
aforesaid.
E.
Any corporation organized under the laws of the State of New Jersey
having complied with the provisions of N.J.S.A. 48:16-8 shall be exempt
from the provisions of this section.
[Added 3-28-2000 by Ord. No. 2000-1]
Any owner operating more than one autocab may file with the Borough Clerk, in lieu of the policy required by § 126-13 of this article, a bond or insurance policy of a company duly licensed to transact business under the insurance laws of this state, in the sum of $50,000, which shall be a blanket insurance covering all cabs operated by such owner which shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of any such autocabs or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
[Added 3-28-2000 by Ord. No. 2000-1]
The owner of the autocab shall execute and deliver
to the Borough Clerk a power of attorney, wherein and whereby the
owner shall appoint the chief fiscal officer of the borough 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 or bond filed.
[Added 3-28-2000 by Ord. No. 2000-1]
A.
The Borough Clerk, upon the filing of the required
insurance policy or bond, shall issue a certificate, in duplicate,
showing that the owner of the autocab has complied with the terms
and provisions of this article.
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 autocab insured thereunder and the registration
number of the same.
C.
The duplicate certificate shall be filed with the
Department of Motor Vehicles before any such car is licensed as an
autocab.
D.
The original certificate shall be posted in a conspicuous
place within the autocab.
[Added 3-28-2000 by Ord. No. 2000-1]
Any license granted hereunder may be revoked
by the governing body after notice and hearing whenever it shall appear
that the person to whom the license was granted has failed to furnish
or keep in force the insurance policy or bond and power of attorney
required by this article or to comply with any terms or conditions
imposed by the governing body or any law of this state.
