Township of Mansfield, NJ Taxicabs

Includes a firm, copartnership, association and corporation, and the singular or plural, the masculine, feminine or neuter, unless the contrary is clearly expressed.

PUBLIC TAXICAB STAND

A section of a public street or public place set apart for the exclusive use of a limited number of taxicabs, when such section is distinctly marked as such by a metal sign attached to a stanchion on the curb or other conspicuous place, or by clearly visible marks upon the surface of the street or public place.

TAXICAB

Means and includes any automobile or motorcar, commonly called "taxi," "cab," or "omnibus," or by whatever name or designation they 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 to run, over any of the streets or highways of the Township of Mansfield, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places within the Township upon the terms, provisions or conditions prescribed in this chapter, or which is hired by charter or for a particular contract or by the day or hour or other fixed period, or to transport passengers to a specific place or places, or which charges a fare or price agreed upon, in advance, between the operator and passenger. Nothing in this section contained shall be construed to include any motor vehicle by whatever name or designation, used and employed solely in transporting school children or teachers, or autobuses which are subject to the jurisdiction of the Board of Public Utilities Commissioners.

§ 55-2 License required for taxicab; fee.

No taxicab shall operate upon, over or along the streets or other highways of the Township of Mansfield, nor shall any taxicabs stand upon any public streets or other public place or on private premises within the limits of the Township of Mansfield waiting for employment, without first obtaining a license from the Township Clerk, which shall be issued to expire December 31 next succeeding the date of issuance. The annual fee to be paid for such license shall be the sum of $25, which must accompany the application.

§ 55-3 Application for license.

Applications for licenses for taxicabs shall be made by the owner, corporation, copartnership, lessee or bailee thereof, upon forms to be furnished by the Township Clerk, and such application shall contain the following information, if an individual:

(1)

Full name of applicant;

(2)

Street and post-office address;

(3)

Place of residence;

(4)

Length of time he has resided in the County of Burlington;

(5)

Place of birth;

(6)

Whether a citizen of the United States or has declared intentions of becoming a citizen;

(7)

Places of previous employment;

(8)

Whether married or single;

(9)

Whether ever charged with, arrested or convicted of a crime or other violation of law and, if so, what crime or offense;

(10)

Whether previously licensed to operate a public hack, cab or taxi and, if so, where;

(11)

Whether license to operate such hack, cab or taxi has ever been revoked and, if so, for what cause.

Licenses shall be issued by the Township Clerk after payment of the proper fee and approval by the Township Committee.

§ 55-4 Citizenship and residency requirements.

No license to operate a taxicab shall be granted to any person unless he is a citizen of the United States or shall have declared his intention to become such a citizen, and unless he has been a bona fide resident of the Township of Mansfield for one year preceding the date of his application, unless for good cause shown, and established at a hearing heard for that purpose by the Township Committee, such disqualification shall be waived.

§ 55-5 Inspection; issuance of license.

If, upon inspection, a taxicab is found to be in a safe condition for the transportation of passengers and in accordance with the provisions of this chapter and the rules and regulations established hereunder, upon payment of the license fees hereinbefore set forth, the same may be licensed by delivering to the owner and applicant a card of such size and form as may be prescribed by the Department of Police.

§ 55-6 Supervision by Department of Police.

The Department of Police shall maintain a constant vigilance over all taxicabs to see that they are kept in a condition of safety for the transportation of passengers.

§ 55-7 Insurance.

In order to insure the safety of the public, it shall be unlawful for the owner or owners of any taxicab to operate or cause or permit such taxicab to be operated, nor shall any license be issued hereunder, until and unless the applicant shall have complied with the provisions of Chapter 231 of the Laws of 1926, now embodied in N.J.S.A. 48:16-1 et seq., of the State of New Jersey, and the Acts amendatory thereto, relating to the filing of an insurance policy covering the owner or operator of such vehicle for damages to persons for which he may become liable by reason of the ownership, maintenance or use of said vehicles. All such insurance policies shall be issued to expire December 31 next succeeding the date of issuance, and the said taxicab owner of said cab or omnibus for hire shall file an insurance policy with the Township Clerk in the amount of not less than $20,000 for liability.

§ 55-8 Revocation or suspension of taxicab license.

Licenses granted under the preceding sections of this chapter may be revoked or suspended at any time after notice and hearing by the Township Committee, with the approval of the Township Clerk, if the vehicle shall not be in a safe condition for the transportation of passengers, or not kept in conformity with the terms of this chapter, or its use is permitted for any improper, immoral or illegal business or purpose or for the violation of any statute or law of the State of New Jersey or of the United States or for the violation of any of the provisions of this chapter.

§ 55-9 Cab drivers: license; application.

No person shall drive a taxicab unless he shall have made application upon a form provided and have received a license from the Township Clerk to drive such vehicle. Every person applying for a license to drive a taxicab must furnish evidence that he has received a driver's license under the State Motor Vehicle Law.[1] Each applicant for a driver's license, under the terms of this chapter, must conform to the following regulations:

Be of the age of 21 years or over, a citizen of the United States, or have declared his intention to become such citizen, and be a resident of the County of Burlington for at least one year next preceding the date of such application, and shall not have been convicted of any crime involving moral turpitude within 10 years next preceding the date of said application.

Must present the certificate of a reputable physician showing that he has been examined within 60 days and that he is of sound physique, with good eyesight, and not subject to epilepsy or any other infirmity of body or mind which might render him unfit for the safe operation of a taxicab. The Chief of Police may, for good cause at any time after a driver's license has been issued, require the holder of same to submit to a physical examination in the manner herein set forth, and present a certificate of such physician showing the nonexistence of the conditions above mentioned.

Be able to read and write the English language.

Be clean in dress and person, and not be addicted to the use of narcotics or intoxicating liquors.

State the name of the licensed owner by whom he will be employed.

Each applicant for a driver's license must file with his application three unmounted, unretouched photographs of himself taken within 30 days preceding the filing of such application. Photographs shall be of a size which may be easily attached to his license, one of which may be attached to the license when issued, and another shall be filed with the application in the office of the Police Department. The photograph shall be attached to the license so that it cannot be removed and another photograph substituted without detection. Each licensed driver shall, upon demand of a member of the Police Department or any citizen, exhibit his license and photograph for inspection. Where the application for a license is denied, two copies of the photograph shall be returned to the applicant. Each applicant shall also furnish a complete set of fingerprints, which shall be attached to the application, the same to be taken and furnished by such persons as the Chief of Police may direct.

[1]

Editor's Note: See N.J.S.A. 39:1-1 et seq.

§ 55-10 Operator's license: display; fee.

The license of the operator shall be constantly and conspicuously displayed in the vehicle when it is engaged and being operated. The fee for an operator's license shall be $5 per year.

§ 55-11 Temporary permits: issuance; term; fee.

The Township Clerk is hereby authorized to issue permits to drivers of taxicabs with the approval of Police Committee; provided, however, that no temporary permit shall be issued except when in the opinion of the Township Committee it has deemed that a public emergency exists affecting the transportation of the public upon the streets within the Township limits. Such temporary permits may be granted for a fifteen-day period from the date of issuance and may be renewed for a similar period from time to time, but only upon the approval of the Township Committee. The fee for a temporary permit shall be $0.50 for each permit issued.

§ 55-12 Notice of change of address of owner or driver.

Any change of address of any owner of a taxicab or a licensed driver, under the provisions of this chapter, must be submitted, in writing, to the Township Clerk within a period of 48 hours of such change of address, and the taxicab license or driver's license will be subject to revocation for any violation thereof.

§ 55-13 Revocation or suspension of driver's license; notice and hearing.

Whenever a taxicab owner or taxicab driver shall have violated any state or federal statute or any provisions of this chapter or any of the rules and regulations made by the Township Committee, or whenever in the judgment of the Township Committee the public life, health, morals or safety will be promoted by a suspension or revocation of the above taxicab owner's or taxicab driver's license, the Township Committee may hold a hearing to determine whether such license should be suspended or revoked. Said owner or driver shall receive five days' notice of the time and place where the hearing is to be held. After such hearing, if the Township Committee determines that the aforesaid owner or driver is guilty of the charges made against him, the license of said owner or driver may be suspended or revoked by the Township Committee. Any such suspension shall be noted on the license, together with a statement of the reasons therefor. Upon the third offense against any licensed driver, the Township Committee shall revoke the license. No driver whose license has been revoked shall again be licensed as a taxi driver, and the Township Clerk will be notified whenever such license has been revoked.

Nothing herein contained shall limit the power of the Township Committee to immediately suspend such license for a period not exceeding five days, pending the giving of such notice and the holding of a hearing, whenever, in the opinion and discretion of the Chairman of the Township Committee, such action is necessary in the public interest; provided, however, that if, in the event of such temporary suspension, said notice and hearing of alleged violations or charges, as herein provided, are not given prior to the expiration of said five-day period, said proposed charges and violations shall be deemed dismissed.

§ 55-14 Regulations for operating taxicabs.

Taxicabs occupying stands on private premises shall be subject to all the provisions of this chapter, except as provided otherwise herein.

No taxicab driver shall park in front of the entrance of any building within a prohibited parking space after his passengers, desiring to leave, have alighted nor park in any prohibited parking space waiting for passengers.

No driver of a taxicab shall suffer or permit persons to loiter in or about his taxicab while on duty.

No vehicle other than a licensed taxicab shall stop on any public stand except while loading or unloading goods, wares or merchandise or receiving or discharging passengers.

No taxicab shall occupy any public taxicab stand other than the stand designated on the permit issued.

§ 55-15 Violations and penalties.

[Amended 5-5-1988 by Ord. No. 1988-11]

Except as herein provided otherwise, any person who violates any of the provisions of this chapter shall be subject to a fine not exceeding $1,000 or to imprisonment in the county jail for a term not exceeding 90 days or to a period of community service not exceeding 90 days, or to such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just; and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed to be a separate and distinct offense.

§ 55-16 Records of fares to be maintained.

All taxicab drivers or owner licensees will maintain records of fares from point of hire to the point of destination, showing the time, date and the amount of fare. These records shall be kept for at least 30 days.

§ 55-17 Information to be posted in cab.

There shall also be posted in a conspicuous place on the inside of such taxicab the name and address of the owner and the name and address and photograph of the driver, together with the license number of the taxicab and the number of the driver's license, the same to be provided by the owner in the manner to be approved by the Township Committee.

§ 55-18 When effective; disposition of fees; term of license.

This chapter shall take effect 30 days after final passage, as provided by law. All fees for licenses heretofore legally issued by the Township shall be credited toward the payment of fees as prescribed by this chapter and, together with the balance to be paid, which will total the amount of the annual fee as set forth in this chapter, will entitle the holder to a license which will expire December 31, unless, after proper action, it is sooner suspended or revoked. Thereafter licenses shall be issued as of January 1, to expire December 31.

§ 55-19 Severability.

Should any section or provisions of this chapter be held invalid in any proceeding, the same shall not affect any other section or provisions of this chapter, except insofar as the section or provision so held invalid shall be inseparable from the remainder of any such section or provision.

§ 55-20 Repealer; when effective.

All ordinances or parts of ordinances inconsistent with the terms of this chapter be and the same are hereby repealed, and this chapter shall take effect 30 days after final passage, approval and publication as provided by law.