[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson 5-28-1974 by Ord. No. 628 as Chapter 118 of the 1966 Code of the Borough of Emerson. Amendments noted where applicable.]
[Amended 7-1-1997 by Ord. No. 1086]
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
- Includes any person licensed to drive a taxicab.
- DRIVER'S LICENSE
- The license for a driver issued by the Borough of Emerson.
- Vehicles carrying passengers for hire but not establishing a fee based on the mileage traveled with a capacity of at least six passengers and not picking up and delivering the same fare within the Borough of Emerson. Vehicles falling within this category shall also fall within the category of taxicabs.
- Includes any person, firm, partnership, corporation or association owning and operating a taxicab or cabs and shall include a purchaser under a reserved title contract, conditional sales agreement or vendor's lien agreement and the lessee of any such vehicle or vehicles under a written lease or similar contract, provided that such purchaser or lessee shall be entitled in his own name to obtain a license therefor from the Director of Motor Vehicles.
- A vehicle carrying passengers for hire in the Borough of Emerson, driven by mechanical power.
- TAXICAB LICENSE
- The license issued by the Borough of Emerson to operate a taxicab in the Borough of Emerson.
Construction of words. The masculine gender as used herein shall be extended when necessary to include the feminine or neuter gender, and likewise the singular number shall be extended when necessary to include the plural.
[Added 7-1-1997 by Ord. No. 1086]
A taxicab shall operate for hire within the Borough of Emerson only if the owner shall first have obtained an appropriate license from the Borough. Such license shall be issued as of July 1 of each year and shall expire on June 30 next succeeding, unless sooner suspended or revoked by the Mayor and Council of the Borough of Emerson.
The fee for such license shall be $50; provided, however, that if the license is granted after January 1, the license fee shall be $25.
An application for such license shall be submitted by the owner to the Borough, as hereinafter provided, and the application must be approved by the Mayor and Council.
Such license may be transferred to any purchaser of the taxicab or the business conducted by the owner, provided that the purchaser shall first submit an application for such transfer to the Mayor and Council and the transferee approved by the Mayor and Council in the same manner as the original applicant shall be approved.
The number of taxicabs shall be limited to two.
No further applications shall be issued by the Mayor and Council unless a public hearing is first held by the Mayor and Council to determine whether public convenience, welfare and necessity require the operation of additional taxicabs. The Mayor and Council shall fix a time and place for such hearing and shall publish notice of the same in a newspaper printed or circulated in the Borough at least one week before the date of such hearing.
All taxicabs shall be inspected by the Police Department of the Borough of Emerson.
The rates charged by such owner shall not exceed the rates set forth in schedules filed with the Mayor and Council and approved by it.
Each taxicab shall display an appropriate sign denoting that it is a taxicab.
Before an owner may obtain a license to operate a taxicab in the Borough of Emerson, an application must be filed with the Borough Council setting forth the following regulations:
He must be over the age of 21 years and a citizen of the United States and must have been a resident of New Jersey for at least 90 days before the date of making the application.
He must be of good moral character and must produce affidavits to that effect from two responsible citizens of the Borough of Emerson or the County of Bergen.
He must comply with N.J.S.A. 48:16-1 et seq., except that the policy of insurance therein provided for personal injuries shall be for a limit of $50,000 for one person and $100,000 for two or more persons, and said policy shall also contain the usual personal property damage clause in the amount of $5,000.
The full name, residence for five years previous, age, color, place of birth and a statement of whether the owner was ever convicted of a crime or a felony must be set forth in the application.
If the owner is a firm, partnership, corporation or association, the same particulars must be supplied with reference to all of the partners, officers, stockholders or associates.
The make and model of each motor vehicle to be licensed, which must, before a license shall issue, be inspected and approved in writing by the Chief of Police of the Borough of Emerson and shall be a sedan with a minimum of three doors, two of which shall be for the exclusive use of the passengers.
He shall execute and deliver the power of attorney provided in N.J.S.A. 48:16-5.
The taxicab license shall be numbered and shall state the name of the person licensed and shall briefly describe the vehicle licensed with the make, manufacturer's number and state license number.
Before a driver may be granted a driver's license, he shall file an application with the Borough Council setting forth the following facts and complying with the following regulations:
He must be over the age of 21 years and a citizen of the United States and must have been a resident of the State of New Jersey for at least 90 days before the date of making the application.
He must be of sound physique and good eyesight, not subject to any infirmity which might render him unfit for the safe operation of a motor vehicle.
He must be able to speak, read and write the English language.
He must be clean in dress and not addicted to the use of drugs or intoxicating liquors.
He must produce affidavits of good moral character from two responsible citizens of the Borough of Emerson or the County of Bergen.
He must hold a New Jersey driver's license.
The application must be filed with the Borough Council and state the applicant's full name, residence and residence for five years previous, his age, color, height and weight, place of birth, length of residence in Emerson or in New Jersey, whether a citizen, where last employed, married or single and whether he was ever convicted of a crime or felony.
The fee for such driver's license shall be $3.
No person shall drive or operate a taxicab unless he first obtains a driver's license, unless he is the individual owner of the taxicab operated by him.
He must produce a certificate from the Chief of Police of the Borough of Emerson that he has been photographed and fingerprinted and that the same are on file in the Emerson Police Headquarters.
He shall file with his application two recent photographs of himself two inches by 2 1/2 inches, one of which shall be so affixed to his license as not to be removed without detection, and the other shall be filed with the Borough Clerk.
He shall conspicuously display his license at all times in the taxicab he is operating, and the same must not be altered in any respect, defaced or damaged.
He shall not solicit customers in a noisy and offensive manner, nor at any place other than the public hack stands.
He shall not, when disengaged, refuse to transport any orderly person who tenders his fare.
Unless engaged, he shall not permit his taxicab to stand in any public street or place other than a public hack stand.
The Mayor and Council may revoke or suspend any taxicab license or driver's license for any violation of the provisions of this chapter or of any rules or regulations promulgated by the Mayor and Council to carry out the provisions of this chapter.
The owner shall keep his taxicab in a clean condition and mechanically perfect and shall employ only licensed drivers.
The driver shall drive carefully and take passengers to their destinations by the shortest route and keep his taxicab clean and in good condition, and any dispute as to the fare shall be referred to a police officer.
Each taxicab shall conspicuously display on the inside, in letters and figures not less than 1/2 inch in height, the license number, the name of the owner and the rates charged.
Before any license is issued to either an owner or driver, the Chief of Police of the Borough of Emerson shall conduct an investigation of both owner and driver and file a report with the Mayor and Council of the Borough of Emerson, indicating his approval or disapproval of such application and his reasons therefor.
All licenses herein provided for shall be issued by the Borough Clerk when all the requirements of this chapter have been fully complied with, and the Borough Clerk shall keep a register of all licenses issued with all the pertinent facts pertaining to each license.
The Chief of Police is hereby authorized, empowered and directed to make reasonable regulations respecting the use of vehicles licensed hereunder; the use of public hack stands; the number of licensed vehicles which may stand in any one place at the same time; the inspection of vehicles licensed and to be licensed hereunder; the inspection of driver's licensed hereunder; and such other regulations as may promote the public convenience and safety.
Public hack stands are hereby established at such places as may be, from time to time, designated by the Borough Council, which may designate the character of vehicles which may stand at any such public hack stands and may exclude all other vehicles from such stands. The location and capacity of any such hack stands shall be indicated by a sign substantially as follows: "Public Hack Stand, Capacity . . ."
No vehicle other than one licensed hereunder and prepared to accept passengers upon request shall stand at any such public hack stand.
The Mayor and Council may make and adopt any further rules or regulations consistent with the provisions of this chapter in order to effectuate the purposes thereof.
Any person, firm, corporation or association who shall violate any of the provisions of this chapter shall, in addition to the suspension or revocation of the license heretofore mentioned, be punishable by a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both such fine and imprisonment, and every day of such violation shall be deemed and taken to be a separate and distinct offense.