[HISTORY: Adopted by the Mayor and Council of the Borough of Kinnelon 8-18-1960
by Ord. No. 7-60 (Ch. 81 of the 1972 Code). Amendments noted
where applicable.]
For the purposes of this chapter, the terms used herein are defined
as follows:
The driving of an empty taxicab along a public street or public place
for the purpose of soliciting passengers.
Includes a copartnership, association or corporation, including the
singular or plural and the masculine or feminine.
A section of a public street or of a public place set apart by Ordinance
of the Borough of Kinnelon for the exclusive use of a taxicab or a limited
number of taxicabs.
Any motor vehicle commonly called taxi, autocar, public hack, omnibus
or by whatever name or designation any such vehicle may now or hereafter be
known or designated, engaging 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 highways of the Borough of Kinnelon
in the County of Morris, and particularly into which are accepted and discharged
such persons as may offer themselves for transportation from points or places
to points or places within and without the Borough of Kinnelon, upon the terms,
provisions or conditions prescribed in this chapter, or by the day or by the
hour or other fixed period, or for a fare; provided, however, that nothing
contained in this section shall be construed to include any motor vehicle
by whatever name or designation used in transporting school children or school
teachers, or any autobus, jitney or other vehicle which is hired by charter
or for a particular contract, or such public conveyances as are by law subject
to state or federal regulations exclusively.
There are hereby established two classes of taxicab licenses, to be
known as "taxicab driver's license" and "taxicab owner's license" respectively.
A.
A taxicab driver's license shall entitle the person mentioned
therein to operate within the Borough of Kinnelon any taxicab duly licensed
hereunder until said license either expires or is surrendered, suspended or
revoked, and shall not be transferable.
B.
A taxicab owner's license shall entitle the taxicab therein
described to be operated in the Borough of Kinnelon by a driver duly licensed
hereunder until the said license either expires or is surrendered, suspended
or revoked, and shall not be transferable except as hereinafter set forth.
C.
No more than eight taxicab owners' licenses shall be
issued and in force at any one time in the Borough of Kinnelon.
No vehicle for the conveyance of passengers, other than duly licensed
taxicabs, for the use of which a fare is charged, excepting any vehicle used
and employed in transporting school children or school teachers and excepting
exclusive jurisdiction of state or federal regulations, shall stand on or
along any public street or public place within the said Borough, waiting for
prospective passengers.
[Amended 9-21-1961 by Ord.
No. 8-61]
Every taxicab owner's license granted for each taxicab shall expire
on December 31 next succeeding the date of issuance thereof, unless sooner
suspended or revoked by the governing body of the Borough of Kinnelon. The
fee for such license and for any renewal thereof shall be the sum of $50.
No application for a taxicab owner's license shall be considered unless
the contents of the same shall have been verified by an affidavit, annexed
thereto, of the individual, a copartner of the copartnership or an officer
of the corporation seeking the license.
Every applicant for a taxicab owner's license must meet the following
applicable qualifications:
A.
In the case of an individual, the licensee shall be a
citizen of the United States over the age of 21 years, who shall have been
a bona fide resident of the State of New Jersey for at least one year immediately
prior to the date of the application for such license and who has never been
convicted of a crime involving moral turpitude.
B.
In the case of a copartnership, each of the members thereof
shall be a citizen of the United States, each of whom shall have been a bona
fide resident of the State of New Jersey for at least one year immediately
prior to the date of application for such license and none of whom shall have
been convicted of a crime involving moral turpitude.
C.
In the case of a corporation, each of the officers and
stockholders thereof shall be a citizen of the United States, each of whom
shall have been a bona fide resident of the State of New Jersey for at least
one year prior to the date of the application for such license and none of
whom shall have been convicted of a crime involving moral turpitude.
All applications for a taxicab owner's license shall be made by the
owner, lessee or bailee thereof, and every said application shall set forth
therein the name and type of vehicle for which said license is desired, the
length of time said vehicle has been in use, the number of persons said vehicle
is suitable for carrying, and the motor number and serial number of said vehicle.
The application shall also contain the following information:
A.
If the owner, lessee or bailee of said vehicle is an
individual, the full name and place of residence of the applicant and the
length of time during which he has resided in the State of New Jersey; his
place of birth; whether he is a citizen of the United States; the names and
addresses of all employers by whom, and all of the places of employment in
which, he has been employed during the period of five years immediately prior
to the date of said application; his marital status; whether he has been charged
with, arrested for or convicted of any crime or other violation; whether he
has been previously licensed to operate a taxicab, and, if so, when and where;
and whether any license for the operation of a taxicab previously issued to
him has ever been suspended or revoked, and, if so, for what cause.
No vehicle covered by the terms of this chapter shall be licensed until
it has been carefully inspected by the Police Department of said Borough and
found to be in a thoroughly safe, clean and fit condition for the transportation
of passengers.
The governing body of the Borough of Kinnelon may refuse to approve
a taxicab owner's license for, or, if already issued, may suspend or revoke
the license of, any said vehicle found to be unsafe or unfit for the transportation
of passengers. The governing body of the Borough of Kinnelon is hereby authorized
and empowered to establish reasonable rules and regulations with respect to
the construction and condition or fitness of taxicabs for the safe, proper
and adequate transportation of passengers and to enforce any such rule or
regulation by suspension or revocation of licenses.
No taxicab owner's license to operate a taxicab shall be issued by the
Borough Clerk until the application has been approved by the governing body
of the Borough of Kinnelon.
If, upon inspection, a taxicab is found to be in a safe, proper and
fit condition for the transportation of passengers and to conform to the provisions
of this chapter and to the rules and regulations established hereunder, and
upon approval of the governing body of this Borough and upon payment of the
proper license fee, said taxicab shall be licensed by the delivery by the
Borough Clerk to the applicant therefor of a card in such form as may be prescribed
by the governing body of this Borough. Such card shall set forth the location
of the public taxicab stand to be used by said vehicle, if any stand has been
assigned for the use thereof, and the name of the owner of said vehicle. Said
card shall be conspicuously displayed within said taxicab.
A taxicab owner's license may be transferred to another vehicle owned
by the licensee upon approval thereof by the governing body of the Borough
of Kinnelon after inspection thereof has been made. Such transfer shall be
limited to equipment that is replaced. Such transfer shall be made by filing
a notice with the Borough Clerk for approval of the governing body at its
next meeting, and the licensee shall have the right to temporarily operate
the replaced equipment until such next meeting of the said governing body.
It shall be unlawful for the owner, lessee or bailee of any taxicab
to operate or cause or permit the operation of the said taxicab, nor shall
any taxicab owner's license for said taxicab be issued or permitted to be
in effect, until and unless said owner, lessee or bailee shall have fully
complied with all of the rules of the State of New Jersey with respect to
such vehicle and the operation thereof.
Any taxicab owner's license granted under the provisions of this chapter
may be suspended or revoked any time by the governing body of the Borough
of Kinnelon if the said vehicle for which said license shall have been granted
shall be used for any improper, unlawful or illegal business or purpose, if
said vehicle shall not be kept in a clean, safe and proper condition for the
transportation of the passengers, if said vehicle shall not be kept in conformity
with the terms of this chapter or the laws of the State of New Jersey, or
for any violation of any of the provisions of the said rules or regulations
established by the said governing body of the Borough of Kinnelon.
No person shall drive a taxicab without first having obtained a taxicab
driver's license. Every applicant for such license to drive a taxicab shall
furnish satisfactory evidence that he has received a driver's license from
the Department of Law and Public Safety, Division of Motor Vehicles, of the
State of New Jersey. Each applicant for such license to drive a taxicab must:
A.
State the name of the licensee of a taxicab by whom or
by which he will be employed.
B.
Be no less than 21 years of age, a citizen of the United
States, and a bona fide resident of the State of New Jersey for at least one
year next preceding the date of such application. The governing body may,
in a specific case, waive the said age requirement.
C.
Be able to read and write the English language.
D.
Present evidence, if required by the governing body of
the Borough of Kinnelon, that he is sound of body and mind, has good eyesight
and is not afflicted with any illness which might render him unfit to safely
and properly drive a taxicab.
[Amended 5-1-1972 by Ord. No. 9-72]
E.
Be clean and neat in dress and person.
F.
Not be addicted to the use of intoxicating liquors or
narcotics.
No taxicab driver's license shall be issued by the Borough Clerk unless
and until the application therefor has been approved by the governing body
of the Borough of Kinnelon.
[Amended 9-21-1961 by Ord.
No. 8-61]
Every such taxicab driver's license shall expire not later than December
31 next succeeding the date of issuance thereof, unless sooner suspended or
revoked by the governing body of the Borough of Kinnelon. The fee to be paid
for each such driver's license and for any renewal thereof shall be the sum
of $10.
Every such licensed driver shall deposit with the Borough Clerk, before
the issuance of a license to him, the sum of $3; and upon the making of such
deposit, the Clerk shall issue to such licensed driver a badge of such form
and style as the governing body may direct, bearing the license number of
said driver, which badge, under penalty of suspension or revocation of the
license of such driver, shall be constantly and conspicuously displayed on
the driver's outer garment when he is engaged in his employment. Such deposit
will be returned upon expiration, suspension or revocation, provided the badge
is surrendered in good condition. In the event that such badge is not returned
within three months from expiration, suspension or revocation of such driver's
license, the said deposit will be considered forfeited and the moneys shall
become part of the general funds of the Borough of Kinnelon.
The Borough Clerk shall be empowered to issue a temporary driver's license,
provided the approval of the Chief of Police is obtained, but in no event
shall such temporary license be granted for a longer period than 30 days.
Any person to whom any such temporary license to drive a taxicab shall have
been issued shall be furnished by the Clerk with a badge of the type hereinbefore
described upon deposit of the sum of $3, which sum shall be refunded upon
the surrender of said badge in good condition. The fee for any temporary permit
shall be the sum of $1.
Taxicab drivers' licenses may be suspended or revoked at any time by
the governing body of the Borough of Kinnelon.
No taxicab shall occupy any public taxicab stand other than the stand
designated in the license issued for occupation by such taxicab. Such licensee
shall not permit his taxicabs to stand in any other place in said Borough.
No driver of any taxicab shall refuse to transport any orderly person
applying for a taxicab who agrees to pay the proper rate of fare.
No person shall sell, loan or otherwise dispose of any license issued
under the provisions of this chapter, nor any badge, card, plate or other
thing delivered by the Borough Clerk with any said license.
No person shall make any repairs on any taxicab or paint any such vehicle
while occupying space in any such public taxicab stand.
No driver of any taxicab shall solicit employment in the transportation
of passengers by driving upon or along any street or highway or other such
place within the Borough of Kinnelon.
Every driver of any taxicab shall, within a reasonable time after termination
of any hiring or employment, carefully search such taxicab for any property
lost or left within, and, unless any such property shall be sooner delivered
to the owner thereof, shall, within 24 hours after finding any such property,
deliver such property to the Police Department of the Borough of Kinnelon.
No taxicab owner's license shall be issued until the applicant shall
submit the insurance policy or certificate in lieu thereof and the power of
attorney required by N.J.S.A. 48:16-1 et seq., and the revisions or amendments
thereto.
The governing body of the Borough of Kinnelon may make such rules and
regulations in relation to the operation of the taxicabs and the conduct of
the operators thereof as it may from time to time determine to be necessary
and proper in the best interest of the citizens of the Borough of Kinnelon.
It is further declared that any violation of such rules and regulations
as are made by the governing body of the Borough of Kinnelon shall constitute
a violation of this chapter, punishable as hereinafter provided.
Every licensee shall be entitled to five days' notice in writing of
the intended action of the governing body to suspend or revoke such license.
Such notice shall state the reasons for such intended revocation or suspension.
The hearing on such intended revocation or suspension shall be conducted by
the governing body of the Borough of Kinnelon at the Borough Hall. Every licensee
affected shall have the right to be heard in person or by counsel.
Every applicant for any of the licenses to be granted under this chapter
shall attach a written consent to the application for such license, whereby
the applicant agrees to abide by all of the provisions of this chapter and
the rules and regulations to be established hereunder, agreeing that the issuance
of such license is a privilege and that the same is subject to revocation
or suspension for any violation of the terms of this chapter or the rules
and regulations hereunder.
[Amended 5-1-1972 by Ord.
No. 9-72; 7-21-1988 by Ord.
No. 12-88; 6-21-1990 by Ord.
No. 4-90]
Any person, firm or corporation who shall violate any provision of this
chapter or fail to comply therewith, or who shall violate or fail to comply
with any order or regulation made thereunder, shall severally for each and
every such violation and noncompliance be subject, upon conviction, to one
or more of the following at the discretion of the court: a fine not to exceed
$1,000 or imprisonment in the county jail for a term not to exceed 90 days
or community service not to exceed 90 days. The imposition of the foregoing
penalties shall not bar the right of the governing body of the Borough of
Kinnelon to revoke or suspend the license of such offender.
