[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of Pemberton 3-5-1975 as Section 12:3 of Ch. XII of the General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 182.
The following words and phrases and their derivatives, when used in this chapter, shall have the meaning hereinafter ascribed to them:
CRUISING
The practice of driving about the streets of the township with 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 township 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 or hack stand after discharging a passenger or going to or from the said terminus or hack stand 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 this township.
LICENSED
Means licensed in accordance with the appropriate section in this chapter.
OPERATION OF A TAXICAB
Consists of transportation in such taxicab for one or more persons for hire along any of the streets in this township. Accepting a passenger being transported for hire within this township from a point within this township to a point within or outside the township shall be deemed to be operation of a taxicab within the township within the meaning hereof. The operation of a taxicab in any of the above-described manners 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 therein or thereon using the word "taxi," "taxicab," "cab" or "hack" shall be prima facie evidence of operation. Notwithstanding the above, operation of a taxicab shall not include airport shuttle services or public or private commuter buses.
[Amended 11-2-2000 by Ord. No. 18-2000]
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
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 within the Township of Pemberton and which accepts passengers for transportation from points or places to points or places within or without the said township.
TOWNSHIP
The Township of Pemberton, in the County of Burlington and State of New Jersey.
From and after the effective date of this chapter, no person shall operate any taxicab within this township unless both the taxicab and the driver thereof are licensed pursuant to this chapter and conform to all the provisions hereof, provided that such taxicab licenses as are now issued and outstanding pursuant to the terms of any prior ordinance of this township shall remain effective until their respective expiration dates and the taxicabs thereby licensed shall be deemed to be licensed pursuant to the terms of this chapter until such licenses are surrendered, suspended or revoked or have expired; provided nevertheless that in all other particulars said taxicabs and their owners shall be subject to all the provisions hereof.
There are hereby established two classes of taxicab licenses, to be known as "taxicab driver's license" and "taxicab owner's license" respectively.
A. 
Taxicab driver's license. A taxicab driver's license shall entitle the person named therein to operate within this township any taxicab duly licensed hereunder until the said license either expires or is surrendered, suspended or revoked, and it shall not be transferable.
B. 
Taxicab owner's license. A taxicab owner's license shall entitle the taxicab therein described to be operated in this township by a driver duly licensed hereunder until the said license either expires or is surrendered, suspended or revoked, and it shall not be transferable.
Any license issued pursuant to the terms of this chapter shall expire at 12:00 midnight on the 31st day of December of the year in which it was issued unless sooner surrendered, suspended or revoked.
[Amended 11-2-2000 by Ord. No. 18-2000]
All applications for the issuance or renewal of any license of either class shall be made to the Township Clerk on forms approved by the Township Solicitor and obtained from the Township Clerk and designed to elicit information respecting the identification, responsibility and law-abiding habits of the applicant.
[Amended 11-2-2000 by Ord. No. 18-2000]
Each applicant for a license of any class shall supply the information requested on the application in full and verify the correctness thereof by his oath or affirmation and thereafter file the completed application with the Township Clerk, together with the full amount of the proper fee hereafter fixed therefor. The Township Clerk shall thereafter have three weeks to act upon the application(s).
Each applicant for a taxicab driver's license shall file with his application two photographs, each 3 1/2 by 3 1/2 inches in size, clearly depicting the facial features of the applicant, both of which photographs shall thereupon become the property of the township and be retained with the application form unless the license shall be issued, in which event one of such photographs shall be permanently affixed to the license card in a space provided thereon.
Every applicant for a taxicab driver's license shall, at the time of filing his application, be fingerprinted by the Pemberton Township Police Department; an impression of such fingerprints shall thereupon be forwarded forthwith by the Police Department to the Bureau of Identification of the New Jersey State Police for a report of applicant's criminal record, which report when received shall be permanently affixed to the application before consideration thereof by the Township Committee.
[Amended 8-17-1984 by Ord. No. 14-1984; 11-2-2000 by Ord. No. 18-2000]
Every applicant for a taxicab owner's license shall, together with his application, submit an insurance policy of a company duly licensed to transact business under the insurance laws of this state, conditional for the payment of a sum of not less than $300,000 to satisfy all claims or damages by reason of bodily injury to or the death of any one person resulting from an accident, and a sum of not less than $500,000 to satisfy all claims for damages by reason of bodily injuries to or the death of all persons on account of any such accident, by reason of the ownership, operation, maintenance or use of such autocab upon any public street; and conditioned for the payment of a sum of not less that $300 to satisfy all claims for damages to property of all persons resulting from an accident, by reason of the ownership, operation, maintenance or use of such autocab upon any public street.
[Amended 11-2-2000 by Ord. No. 18-2000]
A. 
The annual fee for each taxicab driver's license hereafter issued or any renewal thereof shall be $25 for each year or portion of a year for which the license is issued or renewed, and the annual fee for each taxicab owner's license issued or renewed shall be $50 for each year or portion of a year for which the license is issued or renewed. Such fees shall not be prorated nor any part thereof refunded for any reasons, except that upon the denial of an application for issuance or renewal of a license by the Township Clerk, 90% of the fee deposited shall be returned to the applicant and 10% of the fee deposited shall be retained by the township as compensation for investigation of the applicant.
B. 
The fee for fingerprinting and obtaining a background check shall be $60, which shall be nonrefundable.
A. 
The Township Council and/or the Township Clerk may, in their discretion, refuse to issue or renew, or may, after notice and hearing, revoke or suspend:
[Amended 11-2-2000 by Ord. No. 18-2000]
(1) 
Any license of either class if the applicant for the license has been once convicted of a crime in this or any other jurisdiction or convicted of being a disorderly person or of a violation of Title 39, Motor Vehicles and Traffic Regulation, of the Revised Statutes of New Jersey, or violates any provision of this chapter or has any judgment unsatisfied of record against him arising out of an automobile accident, or has made false answers in his application for such license or any renewal thereof, or has failed to render reasonably prompt, safe and adequate taxicab service, or has not complied fully with all requirements of this chapter for such class of license; or, in addition,
(2) 
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; or,
(3) 
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 or health of the occupants or others, or if the policy of insurance required herein has once lapsed or such coverage has not been maintained at all times.
B. 
Written notice required. The notice above referred to in this section shall be written notice served upon the license holder either personally or by certified mail a reasonable time before the date set for hearing.
C. 
Hearing required. The hearing referred to in Subsection A above shall be held by the Township Council at a regularly or specially scheduled meeting, which shall be open to the public. The Township Solicitor shall open the hearing by stating the name of the applicant(s) and the reason for the refusal to issue/renew, revocation or suspension, as the case may be. The applicant(s) will have the right to representation by legal counsel, the opportunity to state their reasons as to why the license sought should be issued/renewed, or reinstated, and bring and cross-examine witnesses. The Council may set a reasonable time limit on the proceedings and may eliminate redundant testimony. After the hearing, the Council shall have 10 days to issue a written decision. Said decision shall be provided to the applicant(s) by personal service or certified mail.
[Added 11-2-2000 by Ord. No. 18-2000]
A. 
Each applicant granted a taxicab driver's license shall be issued a license card in evidence thereof in a form approved by the Township Committee and signed by the Township Clerk in its behalf. Such license card shall at all times be prominently displayed and adequately protected in the interior of any taxicab operated by the licensee so that the face thereof shall be at all times in the full view of and plainly legible to any passenger seated in the rear seat of such taxicab. The said license card at all times shall be and remain the property of the township and, at the directions of the Township Clerk, shall at any time be surrendered to the Township Clerk.
[Amended 11-2-2000 by Ord. No. 18-2000]
B. 
No taxicab driver's license card other than that of the licensee actually operating the cab at the time shall be displayed therein.
A. 
Display of charges. No taxicab shall hereafter be operated in this township unless and until there is prominently displayed in the interior thereof within the full view and access of any passenger 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 those to be charged any passengers so transported.
B. 
Rights of driver. Any taxicab owner or driver shall have the right to demand payment of the legal fare in advance of transporting any passengers, and such owner or driver also has the right to refuse to transport a disorderly or unruly person.
Every taxicab so licensed shall have painted on both sides thereof the word "taxi" or "cab" in letters at least six inches high or the name of the operating owner containing the word "taxi," "cab" or "taxicab" or an electric sign affixed to the top of the motor vehicles in clear view from all sides bearing the word "taxi," "cab" or "taxicab."
The owner of each taxicab so licensed shall keep or cause to be kept a written daily record of each trip made by the said taxicab, showing the date, time and place the cab was engaged; the place and time of discharge of the passenger; the number of passengers carried; the fare received; distance traveled; and the taxicab driver's license number of the person driving the cab on the trip. Such records shall be kept in a place so that it is convenient for a proper, authorized representative of the township to inspect the same, and the owner shall give his full cooperation in expediting such inspection. There shall also be reported to the Township Clerk the happening of an accident involving such taxicab or the loss of property left in the taxicab by a passenger within 24 hours after such event.
[Amended 11-2-2000 by Ord. No. 18-2000]
The Township Clerk shall, at the time of acting on any application, pay the fees received therefore over to the Township Treasurer.
[Amended 11-2-2000 by Ord. No. 18-2000]
Vehicles used as taxicabs within the township shall have a minimum of three doors, it being required that one door be available for the driver, one door be available for the front seat passengers and at least one other door, not to include a hatchback door, be available for passengers not in the front seat.
[Amended 11-2-1984 by Ord. No. 18-1984]
The owner and operator of each taxicab operating in the Township of Pemberton shall keep his taxicab in good running order so that it makes a presentable appearance and affords comfortable, safe rides to passengers, free from mechanical defects, loose fenders, dents, loose doors, broken or soiled upholstery and broken or cracked glass. The owner of each taxicab shall present his taxicab to the Chief of Police or other designated officer prior to the issuance or renewal of his license and once every three months after such issuance or renewal so that it may be inspected to determine that it complies with the provisions of this chapter. Any complaints received by the township from passengers or residents with respect to the conditions of taxicabs shall be directed to the Chief of Police or his designee.
The operator of each taxicab shall at all times have available a suitable cash receipt book to write out, sign and give to any passenger requesting the same a written receipt in the amount of the fare paid.
The operator of each taxicab shall permit no other person to occupy the front seat of said taxicab unless the rear seat is fully occupied by passengers while said taxicab is on duty.
The applicant for a taxicab driver's license shall cause himself to be examined by a reputable doctor licensed to practice medicine in the State of New Jersey and shall file with his application for the issuance or renewal of a driver's license a certificate of said doctor dated within 30 days of said filing, showing that the applicant is in good general health, free of any communicable disease and has no past history of epilepsy, coronary thrombosis, cerebral hemorrhage or other affliction which might cause sudden loss of control of a taxicab.
[Added 11-2-1984 by Ord. No. 28-1984]
Any person violating any provisions of this chapter shall be subject to a fine not exceeding $1,000 or imprisonment for up to 90 days, or both, in the discretion of the Judge of the Municipal Court of the Township of Pemberton. For purposes of determining such penalties, each day a violation shall occur shall constitute a separate offense.
[Added 11-2-1984 by Ord. No. 28-1984]
A. 
Partial invalidity. If for any reason any clause, section or provision of this chapter shall be found by the Court to be unconstitutional or invalid, no other clause, section or provision shall be affected thereby.
B. 
Repealer. All ordinances or parts of ordinances inconsistent with the terms hereof are to the extent of such inconsistency hereby superseded and repealed.