[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex 10-10-1978 by Ord. No. 809. Amendments noted where applicable.]
The purpose of this chapter is to provide, pursuant to N.J.S.A. 48:16-1 et seq., for the licensing and regulation of taxicabs and taxicab drivers in the Borough of Middlesex and to preserve and protect the public safety and welfare of the residents of the Borough of Middlesex.
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Middlesex, in the County of Middlesex and State of New Jersey.
CRUISING
The practice of driving about the streets of the Borough in a taxicab so as to solicit passengers or to bring the presence of the taxicab to the attention of prospective passengers. A taxicab driving along the streets of this Borough for any purpose other than while transporting a passenger, going to a definite destination by the most direct route in response to a call for a taxicab by a prospective passenger or returning by the most direct route to the taxicab's home terminus after discharging a passenger or going to or from said terminus to the driver's home by the most direct route shall be prima facie evidence of cruising.
DRIVER
Any person who drives a taxicab within the Borough of Middlesex.
LICENSED
Licensed in accordance with the appropriate sections of this chapter.
OPERATION OF TAXICAB
Transporting in such taxicab one or more persons for hire along any of the streets in the Borough, accepting a passenger to be transported for hire within the Borough or from a point within the Borough to a point outside of the Borough limits or discharging a passenger transported for hire from a point outside of the Borough limits to a point within the Borough limits. The operation of a taxicab in any of the above-described manners by any person other than the owner shall be deemed operation by the owner thereof as well as by the person actually driving. Transportation of any person other than the owner or driver of any motor vehicle bearing a sign therein or thereon using the word "taxi," "taxicab" or "cab" shall be prima facie evidence of operation.
OWNER
Any person, corporation or association whose name or title to any taxicab is registered with the New Jersey Department of Motor Vehicles or which appears in such records to be the conditional vendee or licensee thereof.
PERSON
Any individual, copartnership, association, partnership or corporation or joint-stock company, their lessees, trustees or receivers.
STREET
Includes any street, avenue, park, road, lane, parkway, highway or other public roadway within the Borough of Middlesex.
TAXICAB
Any automobile or motor car, commonly called a "taxi," 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 within the Borough of Middlesex and which accepts passengers for transportation from points or places to points or places within or without the Borough. Autobuses, public deliveries and such other vehicles which are hired by charter or for a particular contract agreed upon in advance or such public conveyances as are by law subject to state and/or federal regulation exclusively shall not be included within the definition of "taxicab."
From and after the effective date of this chapter, no person shall pick up for hire any persons for any taxicab in the Borough of Middlesex unless both the taxicab and driver thereof are licensed pursuant to the terms of this chapter and conform to all provisions thereof.
There are hereby established two classes of taxicab licenses to be known as "taxicab drivers' licenses" and "taxicab owners' licenses," respectively.
A. 
Owner's license. A taxicab owner's license shall entitle the taxicab therein described to be operated in this Borough by a driver duly licensed hereunder until the said license either expires or is surrendered, suspended or revoked, and said license shall not be transferable.
B. 
Driver's license. A taxicab driver's license shall entitle the person named therein to operate within this Borough a taxicab duly licensed hereunder until the license either expires or is surrendered, suspended or revoked, and said license shall not be transferable.
A. 
All applications for a taxicab owner's license shall be in writing, in duplicate, and shall contain the name and address of the owner; the serial number, type, color, year and make of the taxicab; the number of persons it is to carry; and the names and addresses of two responsible property owners of the Borough of Middlesex as references. Any and every change of address of the owner shall be reported in writing to the Borough Clerk within three days after such change.
B. 
All applications shall be filed with the Borough Clerk. The Borough Clerk shall refer the application to the Chief of Police, who shall cause an investigation of each applicant for a taxicab owner's license to be made, and who shall either recommend approval or disapproval of the issuance of said license.
C. 
Every person obtaining a taxicab owner's license must be at least 18 years of age and a citizen of the United States. If the applicant is a corporation, such corporation must be organized and exist under the laws of the State of New Jersey and shall maintain an office in the State of New Jersey.
D. 
No taxicab licensed under this chapter shall be maintained or operated on the streets of the Borough of Middlesex, except by a driver licensed in accordance with the provisions of this chapter.
E. 
Issuance of taxicab owner's license. The Mayor and Council shall review the application for a taxicab license and the report of the Chief of Police. If the governing body determines that the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this chapter, then, upon payment of the proper fees by the applicant and inspection of the licensed vehicles, the governing body shall, by a majority vote of all the members present, issue a license stating the name and address of the owner of the taxicab license, the description of the vehicle and/or vehicles authorized under such license, the location from which the business shall operate and the date of issuance of the license. Said approval of the application shall constitute municipal consent pursuant to N.J.S.A. 48:16-2.
All licenses to be issued under the provisions of this chapter shall be issued in the name of the Borough of Middlesex and under the hands of the Borough Clerk, and all licenses issued hereunder shall expire on the 31st of March next succeeding the date thereof unless sooner suspended or revoked.
The number of any licenses of either class at any one time issued and outstanding shall not exceed such number as the Borough Council shall, in its discretion, from time to time, deem sufficient to adequately serve public necessity and convenience.
A taxicab owner's license may be renewed by the Council annually on or before March 31 of each year without a hearing, upon the licensee's filing with the Borough Clerk a new application marked "renewal" and after the Chief of Police has reported to the Council that the information reported in the renewal application is substantially the same as that in the original application and that the applicant is not in violation of any provision of this chapter and that, after investigation, the applicant is recommended for a renewal license. If the Council feels that the license should not be renewed or if there are substantial changes in the renewal application or if the Chief of Police does not recommend to the Council that the applicant's license be renewed, then a hearing shall be held by the Council to determine whether the license should be renewed.
A policy of insurance, with premiums prepaid, of a company duly licensed to transact business under the insurance laws of the State of New Jersey, in the sum of $100,000 against loss from liability imposed by law upon the owner for damages suffered by one person; in the sum of $300,000 against loss from liability imposed by law upon the owner for damages suffered by more than one person as a result of an accident occurring by reason of the ownership, maintenance or use of the vehicle so licensed; and in the sum of $10,000 against loss from liability imposed by law upon the owner for property damage suffered by any person or persons as a result of an accident occurring by reason of the ownership, maintenance or use of the vehicle so licensed shall be required. The insurance policy shall provide for the payment of any final judgment received by any person or persons on account of the ownership, maintenance and use of the vehicle or any fault in respect thereto and shall be for the benefit of any person suffering any loss, damage or injury as aforesaid and shall recite on its face that it is issued in pursuance of this chapter, and provided, further, that a power of attorney shall be executed and delivered to the Borough Clerk concurrently with the filing of the policy of insurance, wherein and whereby the owner shall nominate, constitute and appoint the Borough Clerk as his true and lawful attorney for the purpose of acknowledging service of any process of a court of competent jurisdiction to be served upon the insured by virtue of the indemnity granted under the insurance policy filed. Unless the policy of insurance and power of attorney are filed with the Clerk within 30 days from the date of approval of the application by the Council, no license shall be issued upon the application.
A. 
Each applicant for a taxicab driver's license shall be at least 18 years of age, a citizen of the United States and a holder of a state driver's license issued by the Department of Motor Vehicles, State of New Jersey.
B. 
Each applicant for a taxicab driver's license shall submit a certificate from a licensed physician of the State of New Jersey, at the applicant's expense, certifying that the applicant has been examined within the preceding 30 days, and that the applicant has no infirmity of body or mind which might render the applicant unfit for the safe operation of the taxicab.
C. 
The applicant must furnish with the application for such driver's license a recent photograph of himself or herself, three inches in width and four inches in height, in duplicate.
D. 
The applicant must submit the names and addresses of two responsible property owners of the Borough of Middlesex as references.
E. 
Every license so issued shall be revoked upon conviction of two violations of the state motor vehicles statute.
F. 
All changes of residence on the part of the holder of any taxicab driver's license issued under this chapter shall be reported in writing, within seven days, to the Mayor and Council through the Clerk of the Borough and shall be directed to the Borough Clerk.
G. 
All applications shall be filed with the Borough Clerk, who shall submit the said applications to the Chief of Police for his review, investigation and recommendation in order that said applications may be then forwarded to the Mayor and Council for appropriate action by said body.
The Mayor and Council may, in its discretion, refuse to issue or renew or may, after notice of hearing, revoke or suspend:
A. 
Any license of either class if the applicant or licensee has been once convicted of a crime in this or any jurisdiction or convicted of being a disorderly person or of a violation of Title 39, Motor Vehicles and Traffic Regulations, of the Revised Statutes of New Jersey or who violates any provisions of this chapter or has any judgment of record unsatisfied against him arising out of an automobile accident or who has failed or fails to render reasonably prompt, safe and adequate taxicab service or who has not complied fully with all requirements of this chapter for such class of license.
B. 
Any taxicab driver's license if the licensee or applicant has in any degree contributed to any injury to person or damage to property arising out of negligent operation of a motor vehicle or has any communicable or contagious disease.
C. 
Any taxicab owner's license if the motor vehicle licensed or to be licensed, by reason of unsafe or unsanitary conditions, is dangerous to the safety or health of the occupants or others or if the policy of insurance under this chapter has once lapsed or if such coverage is not maintained at all times.
Every person or persons, firm or corporation found guilty of violating any of the provisions of this chapter shall be liable to a fine of not more than $250 or to imprisonment in the county jail for not more than 30 days. Each succeeding day of violation may be construed to be a new violation.
[Amended 7-27-2010 by Ord. No. 1774]
A. 
The annual taxicab owner's license fee shall be $200 for the first taxicab to be covered by the taxicab license and $25 for each additional taxicab under said license, and the license shall be effective for the period from January 1 to December 31 of each calendar year or part thereof. A taxicab owner's license for each calendar year thereafter shall be issued upon payment of the aforesaid fee to the Borough Clerk in accordance with § 379-8 of this chapter.
B. 
The annual taxicab driver's license fee shall be $50, and the license shall be effective for the period from January 1 to December 31 for each calender year or part thereof. A taxicab driver's license shall be issued upon the payment of $50 unless the license for the preceding year has been revoked.
No license shall be sold, assigned, mortgaged or otherwise transferred.
A. 
The rate of fare to be charged within the Borough limits of the Borough of Middlesex and surrounding limits shall be posted so that it can be conspicuously seen by any passenger in any part of the taxicab.
B. 
Every driver of such taxicab shall have the right to demand payment of legal fare in advance and may refuse employment unless so prepaid. No driver of such vehicle shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the Borough of Middlesex unless previously engaged or unable to do so. No driver of any such taxicab shall carry any other person than the first person employing him without the consent of the said passenger.
It shall be unlawful for any person to refuse to pay the legal fare after having hired a taxicab, and it shall be unlawful for any person to hire any taxicab with intent to defraud the person from whom it is hired of the value of such service.
A. 
There shall be affixed in every taxicab, in such a manner that the same can be conveniently read by any persons therein, a card at least three inches in height by at least five inches in width, containing the name of the owner, the license number of the vehicle and the year of issuance and also a photograph of the licensed driver with his license number.
B. 
Every taxicab so licensed shall have painted on both sides thereof the word "Taxi" or "Cab" in letters at least three inches high, with the name of the operating owner to include the word "Taxi" or "Cab" or "Taxicab."
A. 
No taxicab owner or operator shall cruise in a taxicab on the streets of this Borough at any time for the purpose of soliciting passengers.
B. 
No such licensed taxicab, while awaiting employment by passengers, shall stand on any public street or place other than at or upon the designated public taxicab stand, nor shall any driver seeking employment repeatedly and persistently drive to and fro on a short space before, or otherwise interfere with the proper and ordinary access to or egress from, any railroad station, theater, hotel, restaurant or any other public place; but employment may be solicited by driving through a public street or place without stops other than those due to obstructions of traffic and at a rate of speed that would not interfere with or impede the traffic.
All licensed taxicabs and vehicles shall congregate and solicit passengers at such place or places as shall from time to time be designated by the Police Department of this Borough.
Drivers of taxicabs shall not receive or discharge passengers in the roadway, but shall pull up to the right-hand sidewalk as nearly as possible or, in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged on either the right- or left-hand sidewalk or side of the roadway in the absence of a sidewalk.
Should a taxicab be withdrawn from service for necessary repairs or for replacement, the Borough Clerk shall issue a transfer of license thereof to substitute another vehicle in place of the one which was withdrawn, provided that all sections of this chapter are complied with in respect to the proposed substitution. There shall be a fee of $3.
Every licensed taxicab driver shall record, in writing, the time and place each passenger is accepted and the time and place of discharge of the passenger. These records shall be kept intact for one year from the date thereof. Such records shall be kept open at all times during the one-year period, for inspection by a duly authorized representative of the Middlesex Borough Police Department.
The driver of any licensed taxicab, immediately after the termination of any hiring or employment, shall carefully search his or her taxicab for any property lost or abandoned therein. Such property, unless sooner claimed or delivered to the owner, shall be reported, in writing, by the driver or by the owner of the taxicab to the Middlesex Police Department, giving particulars and a brief description of said property, within 24 hours after finding the same. All such property not claimed within said twenty-four-hour period shall be turned over by the driver or owner of the taxicab to the Middlesex Borough Police Department.
No taxicab covered by the terms of this chapter shall be operated at any time in the Borough of Middlesex unless it is in good condition and sound repair so as to provide safe and dependable transportation.
Owners of taxicabs, their agents and employees and cab drivers engaging in the taxicab business shall render courteous and undescriminatory service to the public. They shall answer all telephone calls received by them for transportation service within the limits of the Borough of Middlesex as soon as they can do so, and if such service cannot be rendered within a reasonable time, they shall notify the prospective passenger when a taxicab will be available to serve said passenger.
No driver of any taxicab shall permit persons to be carried in a taxicab as passengers in excess of the seating capacity of the taxicab.
Any license may be revoked or suspended for cause at any time by the Borough Council upon notice in writing of the charge or charges against the holder of the license and an opportunity to be heard thereon, if requested, provided that an initial suspension of not over 10 days may be ordered prior to the hearing for the determination of the charges. The licensee shall, in writing, answer the charges made against him within five days of their receipt by him and shall endorse a demand for a hearing if one is requested by him. The time and place shall be fixed for a hearing, and at least five days' notice thereof shall be served upon the holder of the license. At the hearing, the party charged with the violation of this chapter or other violations may make such statements in his own behalf or through witnesses or submit such verified or unverified statements as he may desire. The party may be represented by an attorney and may cross-examine witnesses. The Council shall proceed to a decision thereon sustaining or revoking the charges and suspending or revoking the license.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed; provided, however, that all taxicab licenses issued prior to the adoption of this chapter by the Borough of Middlesex shall remain in force and effect until they expire. An application for the renewal thereof under the provisions of this chapter may be filed as herein provided.