[HISTORY: Adopted by the Township Committee
of the Township of Mansfield 4-4-1960. Amendments noted where applicable.]
GENERAL REFERENCES
Traffic control — See Ch.
60.
For the purpose of this chapter, the following
words and terms shall be deemed to have the following meanings herein
given to them:
PERSON
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.
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.
A. 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:
(2) Street and post-office address;
(4) Length of time he has resided in the County of Burlington;
(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.
B. Licenses shall be issued by the Township Clerk after
payment of the proper fee and approval by the Township Committee.
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.
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.
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.
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.
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.
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. Each applicant for a driver's license, under the terms
of this chapter, must conform to the following regulations:
A. 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.
B. 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.
C. Be able to read and write the English language.
D. Be clean in dress and person, and not be addicted
to the use of narcotics or intoxicating liquors.
E. State the name of the licensed owner by whom he will
be employed.
F. 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.
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.
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.
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.
A. 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.
B. 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.
A. Taxicabs occupying stands on private premises shall
be subject to all the provisions of this chapter, except as provided
otherwise herein.
B. 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.
C. No driver of a taxicab shall suffer or permit persons
to loiter in or about his taxicab while on duty.
D. 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.
E. No taxicab shall occupy any public taxicab stand other
than the stand designated on the permit issued.
[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.
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.
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.
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.
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.
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.