[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood
11-21-1972.[1] Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any automobile or motor vehicle commonly called "taxi,"
engaged in the business of carrying passengers for hire which is held out,
announced or advertised to operate or run over the public streets or highways
in the borough and particularly accepts and discharges passengers who may
offer themselves for transportation from points or places within the borough
to points or places within or without the borough, but not operated over a
fixed route. Nothing in this definition or chapter shall apply to omnibuses.
The Mayor and Council shall have the power to determine, by resolution,
the number of taxicabs reasonably necessary to serve adequately the convenience
of the citizens of the borough. In arriving at the maximum number permitted
at any one time to be licensed by the borough, the Mayor and Council shall
take into account the population of the borough, the traffic patterns, other
methods of public transportation available within the borough and the ability
of existing licensees to absorb increased demands by taxicab transportation.
Whenever the Mayor and Council shall deem that a greater number of cabs is
necessary than that specified in the then-controlling resolution, current
licensed owners shall be given notice thereof in order that they might have
the opportunity to expand existing facilities if the same is deemed desirable
by the Mayor and Council.
No taxi owner's license or taxi driver's license shall be
issued to any person who has not been a resident of Bergen County, New Jersey,
for at least 90 days prior to the date of making application for such license.
A.
The Borough Clerk shall keep a register of all licenses
granted and issued under the provisions of this chapter, which shall show:
B.
The Borough Clerk shall file and preserve all applications.
Upon those applications which may be approved, he shall endorse the number
of the license issued in pursuance thereof.
No taxi owner's license shall be sold, assigned, mortgaged, pledged
or otherwise transferred without the consent of the Mayor and Council. No
taxi driver's license shall be transferable.
A.
In addition to the penalty prescribed in § 295-8, licenses issued under this chapter may be revoked or suspended as punishment by the Mayor and Council, upon its own motion or upon recommendation or complaint of the Chief of Police, after notice and hearing, upon the following grounds:
(1)
A violation of any of the provisions of this chapter.
(2)
A violation of any of the rules and regulations adopted and promulgated pursuant to § 295-25 of this chapter.
(4)
Discontinuance of the operation of the licensed taxicab
for more than 20 consecutive days without the order or consent of the Mayor
and Council.
(5)
If the licensed taxicab has become unfit, unsafe, unsanitary
or unsuited for public patronage.
(6)
For any cause that would have been the basis for denial
of the license in the first instance.
A.
Any person who violates any provision of this chapter
shall, upon conviction thereof, be punished by a fine not exceeding $1,000
or by imprisonment for a term not exceeding 90 days, or both. A separate offense
shall be deemed committed on each day during or on which a violation occurs
or continues.
[Amended 12-29-1987 by Ord. No. 15-87]
No person shall operate a taxicab as defined in § 295-1 or permit the same to be operated for hire upon the streets of the borough without first obtaining a taxi owner's license therefor as provided by this chapter.
No taxi owner's license shall be issued until the owner of the
vehicle for which the license is sought has filed with the Borough Clerk a
written application therefor, addressed to the Mayor and Council, setting
forth:
A.
The description, year, serial and engine number and state
registration number of the vehicle proposed to be licensed.
B.
The business address from which the applicant intends
to operate such taxicab.
C.
The true name and address of the owner of the vehicle.
D.
The number of years the applicant has resided in Bergen
County and the address of each such residence during the three years preceding
the application.
E.
The number of persons the vehicle is capable of carrying.
F.
A complete schedule of the fares proposed to be charged.
G.
Such other facts as the Mayor and Council may require.
A.
No taxi owner's license shall be issued until there
has been submitted to the Borough Attorney and approved by him, as to both
form and sufficiency, and also approved by the Mayor and Council and filed
with the Borough Clerk, an insurance policy which shall:
(1)
Have the premium prepaid thereon.
(2)
Be written by a company duly licensed to transact business
under the insurance laws of the State of New Jersey.
(3)
Be in the sum of $100,000 against loss from liability,
imposed by law, upon said owner for damages on account of bodily injury to
or death suffered by one person and be in the sum of $300,000 against loss
from liability, imposed by law, upon said owner for damages on account of
bodily injury or death suffered by more than one person as a result of an
accident occurring by reason of the ownership, operation, maintenance or use
of the vehicle so licensed by the borough and be in the sum of $10,000 against
loss from liability, imposed by law, upon said owner for property damage suffered
by any person or persons as the result of an accident occurring by reason
of ownership, operation, maintenance or use of the vehicle so licensed.
[Amended 3-16-76 by Ord. No. 699]
(4)
Provide for the payment of any final judgment received
by any person or persons on account of the ownership, maintenance and use
of said vehicle or any fault in respect thereto.
(5)
Be for the benefit of any person suffering loss, damage
or injury as aforesaid.
(6)
Recite on its face that it is issued in pursuance of
this chapter.
B.
The taxi owner's license shall continue effective
and operative only so long as the insurance policy specified in this section
shall remain in force and effect and so long as the full amounts payable thereunder
shall remain collectible.
No taxi owner's license shall be issued until there has been executed and delivered to the Borough Clerk, concurrently with the filing of the policy of insurance referred to in § 295-11, a power of attorney, wherein and whereby the owner of the vehicle to be licensed shall nominate, constitute and appoint the Borough Clerk as 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 filed.
No taxi owner's license shall be issued until the vehicle proposed
to be licensed has been inspected by the Chief of Police or his designee and
approved by him in writing. Such approval shall be given if the vehicle is
of good appearance and well painted, is in a clean and sanitary condition
and is in a safe condition for the transportation of passengers.
[Amended 12-29-1987 by Ord. No. 15-87]
No taxi owner's license shall be issued by the Borough Clerk until there has been paid to the Borough Clerk the license fee as set forth in Chapter 169. Fees, for each vehicle to be licensed; provided, however, that if an application for a taxi owner's license is made after the first day of July in any year, the fee to be paid therefor shall be 1/2 of the amount provided above.
The taxi owner's license shall:
The taxicab vehicle listed on the taxi owner's license may be replaced
by another vehicle only after the vehicle sought to be substituted shall have
been inspected and written approval given by the Chief of Police that such
vehicle complies with the provisions of this chapter. The Borough Clerk shall
show the change of vehicle on the license.
No person shall drive a taxicab for hire upon the streets of the borough
unless such person shall have first obtained and shall have then in force
a driver's license issued by the State of New Jersey Division of Motor
Vehicles and a taxi driver's license issued by the borough pursuant to
the provisions of this chapter.
A.
No taxicab driver's license shall be issued to any
person until he has filed a written application with the Borough Clerk on
forms provided by the borough, containing the following information:
(1)
The full name and address of the applicant.
(2)
The applicant's age and place of birth.
(3)
The length of time he has resided in the county and places
of residence in the county for the three years last past.
(4)
Whether his state driver's license issued by the
Division of Motor Vehicles has ever been revoked or suspended and for what
reason.
(5)
Such other facts as the Mayor and Council may require.
B.
The application shall be accompanied by the annual license fee as set forth in Chapter 169, Fees. The application shall have attached to it a certificate as to the good moral character and ability of the applicant, signed by at least two citizens of Bergen County, New Jersey, and the physician's certificate described in § 295-19.
[Amended 12-29-1987 by Ord. No. 15-87]
No taxi driver's license shall be issued to any person unless such
person:
A.
Is the holder of a current motor vehicle driver's
license issued by the State of New Jersey Division of Motor Vehicles.
B.
Is at least 18 years of age.
[Amended 4-3-73 by Ord. No. 662]
C.
Submits a certificate from a licensed practicing physician
of this state certifying that the applicant has been examined within the preceding
30 days and that he has no infirmity of body or mind which might render him
unfit for the safe operation of a taxicab.
D.
Is of good moral character.
Upon the filing of the application, the Borough Clerk shall refer the
same to the Chief of Police for his investigation and recommendation and shall
direct the applicant to the Police Department to be photographed and fingerprinted.
The Police Department shall return to the Borough Clerk two of said photographs,
one of which shall be attached to the license, when issued, in such manner
that it cannot be removed and another photograph substituted without detection.
The other photograph shall be filed with the application in the office of
the Borough Clerk, and the remaining photographs, together with the fingerprints
of the applicant, shall remain on file in police headquarters.
The Chief of Police shall make an investigation of the facts disclosed
in the application and of the good moral character and ability of the applicant.
Based upon his findings and taking into consideration the best interests of
the borough, the Chief of Police shall recommend to the Mayor and Council
his approval or disapproval of the application for the license.
In the event that the Mayor and Council shall determine that the license
should not be granted, notice of such rejection shall be promptly given to
the applicant.
A.
The taxi driver's license shall be in such form as to contain the photograph referred to in § 295-20 and shall contain the signature of the licensee.
B.
The license shall be signed by the Borough Clerk and
shall have the Borough Seal affixed thereto.
C.
Each licensed driver shall at all times have his license
and photograph openly and conspicuously exhibited in the taxicab he is driving.
D.
Any licensee who willfully and maliciously defaces, damages
or obliterates any official entry made upon his license shall be subject to
the penalty of revocation of said license.
E.
No taxi driver's license other than that of the
licensee actually operating the taxicab at the time shall be displayed therein.
A.
With the issuance of each taxi driver's license,
the Borough Clerk shall furnish the licensee with a badge bearing his license
number. In case the licensee shall lose his badge, he may procure a duplicate
thereof from the Borough Clerk upon payment of the actual cost thereof.
B.
Such badge shall be worn by the licensee on the outside
of his hat or clothing at all times while operating the taxicab. Such badge
shall not be used by any person other than the person to whom it was issued.
C.
Upon suspension or revocation of a taxi driver's
license, the driver shall surrender the badge to the Chief of Police. In the
case of suspension, the Chief of Police shall return the badge at the expiration
of the period for which the driver was suspended.
The Mayor and Council shall make reasonable regulations respecting:
A.
The use of vehicles licensed under this chapter.
B.
Taxicab stands.
C.
The number of licensed vehicles which may stand in any
one place at the same time.
D.
The inspection of vehicles licensed and to be licensed
under this chapter.
E.
The inspection of drivers licensed under this chapter.
F.
Such other matters as may promote the public convenience
and safety.
All vehicles required to be licensed under this chapter shall be automobile
sedans with a minimum of three doors, at least two of which doors shall be
for the exclusive use of the passengers. All such vehicles shall be clean
at all times and shall be in good repair.
A.
The charge for carrying passengers shall not exceed the
rates set out in the application for the taxi owner's license.
B.
Every taxicab driver, when requested, shall give to the
passenger a receipt for the fare.
C.
Any dispute as to the fare shall be determined by the
officer in charge of the police station at the time of the dispute.
A.
Unless there shall be one uniform flat rate charged at
any point within the corporate limits of the borough for the transportation
of passengers, every taxicab operating in the borough shall have installed
therein a taximeter or the equivalent thereof, of standard make, by which
the fare or charge for hire of said taxicab is mechanically and accurately
registered, and on which said taximeter said fare or charge is plainly indicated.
The taximeter shall be so placed in the taxicab that the charge thereon may
be plainly seen by the passengers.
B.
No person shall use or permit to be used upon any taxicab
a taximeter which shall be in such condition as to be more than 5% incorrect,
to the prejudice of any passenger.
C.
After sundown, the face of every taximeter shall be illuminated
by a suitable light so arranged as to throw a continuous steady light thereon
while in operation and carrying a passenger, so that the meter will be clearly
discernible and can be ready by a passenger in the rear seat.
D.
Said taximeter shall be sealed, and a colored paster,
different in color at each inspection, shall be placed on the taximeter after
inspection.
E.
No person shall use or permit to be used nor drive for
hire a taxicab equipped with a taximeter the case of which is unsealed or
the seal broken.
F.
The owner of each licensed taxicab shall file with the
Borough Clerk on February 1 and August 1 of each year a certification from
the manufacturer of each taximeter or his representative that the taximeter
has been inspected and is in proper working order.
No person other than the licensed driver of a taxicab shall ride or
sit in the compartment of the taxicab reserved for the driver.
No driver or other person interested in or connected with any licensed taxicab shall solicit customers in a noisy or offensive manner nor at any place other than taxicab stands referred to in § 295-34 of this chapter in any manner whatsoever.
No driver of any licensed taxicab which is disengaged shall refuse to carry any orderly person upon the payment of the rate of fare fixed in accordance with § 295-27.
The holder of a taxicab license shall require the driver to keep and
the driver of each taxicab shall keep a daily record upon which all trips
shall be recorded. The daily record shall show the taxicab number, the license
number of the driver, specific hours of duty, the time and place of origin
and destination of each trip and the amount of fare received for each trip.
All such records shall be given to the holder and shall be retained for 90
days by the holder of the taxicab license. The holder shall be responsible
for the maintenance of daily records of all taxicabs operated by him.
A.
Taxicab stands are hereby established at such places
as may be designated by resolution from time to time by the Mayor and Council.
They may designate the character of vehicles which may stand at such taxicab
stands and may exclude all other vehicles therefrom. The location and capacity
of such stands shall be indicated by a sign substantially as follows: "Public
Taxicab Stand. Capacity __________."
B.
No vehicle other than a taxicab licensed under this chapter
and prepared to accept passengers upon request shall stand at any public taxicab
stand.
No driver of a licensed taxicab shall permit such vehicle, when disengaged,
to stand in any public street or place other than at a taxicab stand; provided,
however, that nothing herein shall prevent such driver from waiting for a
passenger in front of any building or place.
