[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:
The Borough of Pemberton, County of Burlington and State of New Jersey.
Any person who drives a 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.
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.
Includes the plural as well as the singular and artificial as well
as natural persons.
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.
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:
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]
[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:
The Borough of Pemberton.
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.
The business of carrying passengers for hire by limousines.
Any individual, copartnership, association, corporation, limited
liability company or joint-stock company, their lessees, trustees or receivers
appointed by any court whatsoever.
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.
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.
