Borough of Pemberton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Pemberton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 78.
[Adopted 4-16-1962 by Ord. No. 4-1962 (Ch. 75 of the 1975 Code)]
The following words and phrases and their derivatives, when used in this article, shall have the meaning hereafter ascribed to them:
BOROUGH
The Borough of Pemberton, County of Burlington and State of New Jersey.
DRIVER
Any person who drives a taxicab within the Borough.
OPERATION OF TAXICAB WITHIN THE BOROUGH
Consists of transporting in such taxicab one or more persons for hire along any of the streets of this Borough, accepting a passenger to be transported for hire within this Borough or from a point within this Borough to a point outside the Borough limits, or discharging a passenger transported for hire from a point outside the Borough limits to a point within the Borough limits. The operation of a taxicab in any of the above-described methods by one other than the owner shall be deemed operation by the owner thereof as well as by the person actually driving the same. The transportation of any person other than the owner or driver in any motor vehicle bearing a sign thereon or therein using the word "Taxi," "Taxicab," "Cab," "Hack" or term or word of similar connotation shall be prima facie evidence of operation.
OWNER
Any person, corporation or association in whose name title to any taxicab is registered with the New Jersey Department of Motor Vehicles or who appears in such records to be the conditional vendee or lessee thereof.
PERSON
Includes the plural as well as the singular and artificial as well as natural persons.
TAXICAB
Includes any automobile or motorcar, commonly called "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 of the Borough of Pemberton, in the County of Burlington, and which accepts passengers in the Borough for transportation from points or places to points or places within or without the said Borough.
From and after the effective date of this article, no person shall operate any taxicab within this Borough unless both the taxicab and the driver thereof are licensed pursuant to this article and conform to all the provisions hereof.
There are hereby established two kinds of taxicab licenses, to be known as "taxicab driver's license" and "taxicab owner's license" respectively.
A taxicab driver's license shall entitle the person named therein to operate within this Borough any taxicab duly licensed hereunder until the said license either expires or is surrendered, suspended or revoked, and such license shall not be transferable.
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 such license shall not be transferable, except as provided herein.
Every license issued pursuant to the terms of this article shall expire at 12:00 midnight of the 31st day of December of the year in which it is issued, unless sooner surrendered, suspended or revoked.
A. 
The number of licenses under this article to be issued or outstanding in any one year shall be fixed by resolution of the Borough Council.
B. 
Locations in the Borough which shall be reserved for use as hack stands shall be designated by resolution of the Borough Council.
A. 
Every applicant for a taxicab driver's license shall, in addition to other requirements herein provided and of any law of this state, prove to the satisfaction of the Mayor and Council: that he is over the age of 21 years; that he is in good health, with good eyesight; that he is not addicted to the use of intoxicating liquors or drugs; that he is able to read and write the English language; that he is of good character; that he has not been convicted of any indictable offense or of reckless driving within two years next preceding the filing of such application; that he has knowledge of the state motor vehicle laws and traffic regulations; and that he has knowledge of the ordinances and geography of the Borough of Pemberton. He shall furnish with the application for such driver's license a recent photograph of himself, of a size not less than 1 1/4 inches in height and 1 3/4 inches in length, which shall be filed with the application, together with the names and addresses of two responsible property owners of the Borough of Pemberton as references. Such applicant for a driver's license under this article shall, before the license is issued, be fingerprinted.
B. 
All applications for drivers' licenses shall be filed in writing in duplicate with the Borough Clerk, who shall submit said applications to the Mayor and Council at the next succeeding meeting for action, and any or all applications may be granted or refused by the vote of the majority of the members of said body present at such meeting, pursuant to this article.
A. 
All applications for a taxicab owner's license shall be in writing in duplicate and shall contain the full name and address of the owner; the serial number, type, color, age 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 Pemberton 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, who shall submit said applications to the Borough Council at the next succeeding meeting for action, and any or all applications may be granted or refused by the majority vote of the members of said body present at such meeting.
C. 
An existing owner's license may be transferred upon the transferee's filing the application and performing all the other things to be performed in the case of an application for owner's license as required herein.
No taxicab shall be licensed until an insurance policy or certificate in lieu thereof and power of attorney executed shall have been filed with the Borough Clerk as provided for taxicabs and autocabs pursuant to the provisions of N.J.S.A. 48:16-1 to 48:16-22 inclusive, together with any amendments or supplements adopted or hereafter adopted relative thereto.
The fees for the issuance of the licenses herein referred to shall be as follows:
A. 
For each taxicab license, the sum of $50 per year or any fraction thereof.
B. 
For each taxicab driver's license, the sum of $5 per year or portion of the year.
C. 
For transfer of a taxicab owner's license, the sum of $5.
The Mayor and Council of the Borough of Pemberton may, in their discretion, refuse to issue or renew, or may, after notice and hearing, revoke or suspend:
A. 
Any license of either class if the applicant or licensee, within two years next preceding the filing of an application hereunder, or, having obtained a license, while said license is in effect hereunder, has been or is convicted of a crime involving moral turpitude in this or any other jurisdiction, or of being a disorderly person in this or any other jurisdiction, or of reckless driving, or has had his driving privileges revoked in this or any other state, or violates any provisions of this article, or has any judgment unsatisfied of record against him arising out of an automobile accident, or has failed or fails to render reasonable, prompt, safe and adequate taxicab service, or has not complied fully with all the requirements of this article for such class of license.
B. 
Any taxicab driver's license if the applicant 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 condition, is dangerous to the safety and health of the occupants or others, or if the policy of insurance required by this article or by any statute of New Jersey has once lapsed or such coverage is not maintained at all times.
Each applicant granted a taxicab driver's license shall be issued a license card in evidence thereof in a form approved by the Borough Council of the Borough of Pemberton, in the County of Burlington, and signed by the Borough Clerk in their behalf. Such license card shall at all times be carried by the driver while operating a taxicab. In addition, the owner of the taxicab shall furnish a card with the name of the driver, which shall at all times be prominently displayed and adequately posted in the interior of any taxicab operated by the licensee so that the face thereof shall be at all times in full view of and plainly legible to any passenger seated on the rear seat of such taxicab, and there shall be affixed to such card in full view of such passengers a photograph of such licensed driver, of a size not less than 1 1/4 inches in height and 1 3/4 inches in length, together with a photograph of the licensed owner of such taxicab, of the same size, and each of such photographs shall have indicated thereon the words "Licensed Taxicab Owner" or "Licensed Taxicab Driver," as the case may be.
The operation of any taxicab licensed pursuant to this article shall be permitted and shall be lawful only so long as the applicable liability insurance policies prescribed by this article shall remain in full force to the full and collectible amount stated in said policies.
No taxicab shall hereafter be operated in this Borough unless and until there is prominently displayed in the interior thereof, within the full view and access of any passengers therein, a complete list of fares, charges or tariff rates charged for transportation of passengers, which fares, charges or tariff rates so displayed and no other shall be charged any passenger so transported.
Every taxicab so licensed shall have conspicuously located on the exterior thereof the word "Taxicab," which shall be illuminated during darkness.
The Borough Clerk shall, at the time the license is granted and upon the receipt of the license fee, pay the same to the Treasurer of the Borough of Pemberton.
It shall be unlawful for any person to operate a taxicab after having consumed or while under the influence of alcoholic beverages.
[Amended 8-18-1975 by Ord. No. 9-1975]
Any person or persons who shall violate any of the provisions of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, Article I, of the Code of the Borough of Pemberton.
[Adopted 12-19-2005 by Ord. No. 2005-13]
As used in this article, the following terms shall be deemed to have the meanings indicated:
BOROUGH
The Borough of Pemberton.
LIMOUSINE
Any automobile or motor car used in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled charter basis that is not conducted on a regular route and with a seating capacity of not more than 14 passengers, not including the driver, provided that such vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle, not including the driver, at the time of manufacture. Nothing in this definition contained shall be construed to include taxicabs, hotel buses, or buses employed solely in transporting school children or teachers, vehicles owned and operated directly or indirectly by businesses engaged in the practice of mortuary science when those vehicles are used exclusively for providing transportation related to the provision of funeral services, autobuses that are subject to the jurisdiction of the Department of Transportation or interstate autobuses required by federal or state law or regulations of the Department of Transportation to carry insurance against loss from liability imposed by law on account of bodily injury or death.
LIMOUSINE OR LIVERY SERVICE
The business of carrying passengers for hire by limousines.
PERSON
Any individual, copartnership, association, corporation, limited liability company or joint-stock company, their lessees, trustees or receivers appointed by any court whatsoever.
PRINCIPAL PLACE OF BUSINESS
The location of the main place of business of the limousine service in the Borough where limousine service is conducted, where limousines are dispatched or where limousine drivers report for duty.
STREET
Any street, avenue, park, parkway, highway or other public place.
It shall be unlawful for any owner of a limousine or livery service having its principal place of business in the Borough to operate a limousine wholly or partly along any street in the Borough unless the owner of the limousine has obtained a license from the Borough Clerk.
A. 
Applications for limousine licenses shall be made in writing, upon forms to be furnished by the Borough Clerk, signed by the applicant, and filed with the Borough Clerk. Applications shall contain or be accompanied by the following information:
(1) 
If the applicant is an individual, the name, age and residence of the applicant; if a partnership or limited liability company, the names, ages and residences of all the partners or members, together with the business name and address of the partnership or company; and if corporation, the names, ages and residences of the president and secretary and the period of residence in the state, county and municipality, together with the business name and address of the corporation.
(2) 
A copy of the insurance policy complying with N.J.S.A. 48:16-14.
(3) 
The name of the applicant's insurance company, the number and the date of expiration of the policy required by N.J.S.A. 48:16-14 and a description of every limousine insured thereunder and the registration number of each.
B. 
Applications made by corporations shall be signed in the name of the corporation by the president and attested by the secretary. A certified copy of a corporate resolution authorizing the application shall be attached.
C. 
Applications shall be duly verified by the applicant before a notary public or some other person duly authorized to administer oaths.
D. 
Each application shall be accompanied by the full amount of the required license fee. All licenses are issued subject to collection of any check received in payment.
A. 
The nonrefundable annual fee to be paid for limousine licenses shall be $50 for each limousine licensed by the Borough, except that a limousine company that operates intraBorough, point-to-point service within the Borough shall be required to pay a single license fee of $50 for all limousines used for the intraBorough point-to-point service, as defined in N.J.S.A. 48:16-18.1.
B. 
All limousine licenses shall be for a term of one year.
A. 
The Clerk, upon the approval of an application for a limousine license, shall issue a license to operate, in duplicate, showing that the owner of the limousine has complied with the terms and provisions of this article and N.J.S.A. 48:16-13 et seq.
B. 
The license shall recite the name of the insurance company, the number and date of expiration of the policy, a description of every limousine insured thereunder and the registration number of the same.
C. 
The duplicate license shall be filed with the Division of Motor Vehicles before any such car is registered as a limousine.
D. 
The original license shall be retained within the limousine in compliance with N.J.S.A. 48:16-17.
E. 
The insurance provisions of this section may be waived only in compliance with N.J.S.A. 48:16-19 to 20.
Any limousine license issued pursuant to this article may be revoked by the Mayor and Council, after notice to the licensee and a hearing, if it shall appear that the licensee has failed to keep in full force and effect the insurance policy, required by this article and the applicable state laws, or has failed to comply with the terms and conditions of any license, this article, or the applicable state laws.
Any person, firm or corporation required by this article to register as a limousine service who violates its terms shall be subject to a fine of not more than $500 or imprisonment for a period of 90 days, or both.