[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:
The Borough of Middlesex, in the County of Middlesex and
State of New Jersey.
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.
Any person who drives a taxicab within the Borough of Middlesex.
Licensed in accordance with the appropriate sections of this
chapter.
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.
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.
Any individual, copartnership, association, partnership or
corporation or joint-stock company, their lessees, trustees or receivers.
Includes any street, avenue, park, road, lane, parkway, highway
or other public roadway within the Borough of Middlesex.
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.
