[HISTORY: Adopted by the Mayor and Council of the Town of Clinton 12-23-1975 by Ord. No. 75-6. Amendments noted where applicable.]
This chapter is created pursuant to N.J.S.A. 48:16-1 et seq. and shall be known as the "Town of Clinton Taxicab Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- The practice of driving about the streets of the town within 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 town for any purpose other than while transporting a passenger, going to a definite designation 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 the 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 this town.
- Not to be construed as a woman's purse, a cosmetic bag, a shopping bag or the like.
- Licensed in accordance with the appropriate sections of this chapter.
- OPERATION OF A TAXICAB
- Transporting in such taxicab one or more persons for hire along any of the streets in this town, accepting a passenger to be transported for hire within this town or from a point within the town to a point outside of the town limits, or discharging a passenger transported for hire from a point outside of the town limits to a point within the town limits, shall be deemed to be the operation of a taxicab within the meaning thereof. The operation of a taxicab in any of the above-described manners by anyone other than the owner shall be deemed operation by the owner thereof as well as by the person actually driving. 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" 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 lessee thereof.
- Any individual, copartnership, association or corporation or joint-stock company, their lessees, trustees or receivers.
- Any street, avenue, park, parkway, highway or other public roadway.
- 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 Town of Clinton, and which accepts passengers for transportation from points or places to points or places within or without the said town; provided that nothing herein contained shall include autobuses, public liveries, jitneys and other such 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.
- TAXICAB STAND
- A section of a public street or public place set apart for the exclusive use of a limited number of taxicabs when such section is distinctly marked as such by a metal sign attached to a stanchion on the curb or other conspicuous place or by clearly visible marks upon the surface of the street or public place.
- The Town of Clinton in the County of Hunterdon and State of New Jersey.
The licensing of taxicabs shall be by the town, and such licenses when granted by the Town Council shall be countersigned by the Town Clerk. All fees shall be paid to the Town Clerk. The regulating and inspection of taxicabs, the application for license to own and operate taxicabs, the licensing of drivers as provided for in this chapter and the enforcing of the provisions of this chapter shall be under the control of the Town Council. The Town Council is authorized and empowered to establish reasonable rules and regulations for the inspection of taxicabs and requirements of construction and condition of fitness for the safe and adequate transportation of passengers and the general cleanliness of such taxicabs.
From and after the effective date of this chapter, no person shall pick up for hire any persons in any taxicab in the Town of Clinton unless both the taxicab and driver thereof are licensed pursuant to the terms of this chapter and conform to all provisions thereof, provided that taxicabs and drivers licensed by other municipalities may operate in the Town of Clinton without securing a Clinton license but subject to all other requirements of this chapter.
There are hereby established two classes of taxicab licenses, to be known as "taxicab drivers' licenses" and "taxicab owners' licenses" respectively.
A taxicab owner' license shall entitle the taxicab therein described to be operated in this town by a driver duly licensed hereunder until the said license either expires or is surrendered, suspended or revoked, and shall not be transferable.
A taxicab driver's license shall entitle the person named therein to operate within this town any taxicab duly licensed hereunder until the said license either expires or is surrendered, suspended or revoked, and shall not be transferable.
All applications for taxicab owners' licenses shall be in writing, in duplicate, and shall contain the full 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 shall be accompanied by the appropriate fee and the names and addresses of two responsible residents of the Town of Clinton as references. Any and every change of address of the owner shall be reported in writing to the Town Clerk within three days after such change.
All applications shall be filed with the Town Clerk, who shall submit the 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 majority vote of the members of said body present at such meeting.
Every person obtaining a taxicab license must be at least 18 years of age. If a corporation, such a corporation must be organized and existing under the laws of the State of New Jersey and shall maintain an office in the Town of Clinton in Hunterdon County.
No taxicab licensed under this chapter shall be maintained or operated on the streets of the Town of Clinton except by a driver licensed in accordance with the provisions of this chapter.
All licenses to be issued under the provisions of this chapter shall be issued in the name of the Town of Clinton and under the hand of the Clerk, and all licenses issued hereunder shall expire January 1 next succeeding the date thereof, unless sooner suspended or revoked.
The Town Clerk shall provide the licensee with a card containing the name of the applicant, the town license number a notice that in case of any complaint the Police Department shall be notified of the same and the rates of fares under which the taxicab is operated. There shall also be issued one decal, which shall be placed in the lower right-hand corner of the rear window of the vehicle.
The number of any licenses of either class at any one time issued and outstanding shall not exceed such number as the Mayor and Council shall, in its discretion, from time to time deem sufficient to adequately serve public necessity and convenience.
No taxicab shall be licensed or operated until it has been inspected and approved for operation by the Chief of Police of the Town of Clinton. It shall be the duty of the Chief of Police to inspect every taxicab as often as may be necessary to determine fitness and serviceability for public patronage. He may at any time suspend the operation of a taxicab which in his judgment is unfit.
No vehicle known as a "two-door body" shall be licensed as a taxicab.
No vehicle eight years old or older shall be licensed as a taxicab.
Every applicant for a taxicab owner's license shall, together with his application, submit the insurance policy or certificate in lieu thereof required by N.J.S.A. 48:16-3 covering the taxicab to be licensed.
Upon the failure of the licensee to file the insurance certificate with the Town Clerk or upon notice served to the Town Clerk that the insurance coverage of the licensee has been revoked or suspended, the Town Clerk shall refuse to issue the license or shall notify the Chief of Police, who shall forthwith have the license withdrawn from the licensee and shall so notify the licensee.
[Amended 12-27-1988 by Ord. No. 88-21]
No taxicab license shall be issued until the applicant therefor shall have delivered to the Chief Financial Officer, concurrently with the filing of the insurance policy referred to in § 126-12 hereof, a power of attorney executed by said applicant wherein and whereby said applicant shall appoint the Chief Financial Officer of the Town of Clinton his, her or its true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed; and any license for a taxicab issued upon any such application shall continue effective and the operation of any taxicab thereunder shall be permitted only so long as said power of attorney shall remain in effect and unrevoked.
Each applicant for a taxicab driver's license shall be at least 18 years of age and a holder of a state driver's license issued by the Department of Motor Vehicles, State of New Jersey.
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 he has no infirmity of body or mind which might render him unfit for the safe operation of a taxicab.
Each applicant shall present himself at the office of the Town of Clinton Police Department and permit his or her fingerprints to be taken by the said Police Department, which fingerprints shall be considered a part of the application. The Police Department shall forward a copy of the fingerprints of each applicant to the New Jersey State Police and to the Federal Bureau of Investigation for purposes of determining the existence of a record of arrest or conviction. Any information received from these sources shall be furnished to the Town Council to be used in evaluating the application.
An affidavit from an appropriate officer of said Police Department will be furnished to the Town Council to the effect that the applicant is of good moral character and that he has sufficient knowledge of the regulations and geography of the town.
Each applicant must produce affidavits of his good character from at least two reputable residents of the Town of Clinton who have known him personally for at least two years and a further affidavit from his last employer unless, in the estimation of the Town Council, sufficient reason is given for its omission.
Each applicant must fill out, upon a form provided by the Town Clerk, his full name, residence, places of residence for the preceding five years, age, height, color of eyes and hair, place of birth, previous employment, whether he has ever been convicted of a crime or a violation of this chapter and whether his license has ever been revoked and for what cause, which statement shall be signed and sworn to by the applicant and filed with the Town Clerk as a permanent record. He shall also furnish four copies of photographs, size two inches by two inches, front view.
Each applicant shall not be addicted to the use of narcotics or intoxicating liquors.
Every license so issued may be revoked upon conviction of two violations of the state motor vehicle statutes.
All changes of residence on the part of the holder of a taxicab driver's license issued under this chapter shall be reported in writing to the Mayor and Council through the Clerk of said town and be directed to the Police Department of said town within five days.
All applications shall be filed with the Town Clerk, who shall submit the said applications to the Mayor and Council at the next succeeding meeting for action, and one or all applications may be granted or refused by majority vote of the members of said body present at the meeting.
Upon satisfactory fulfillment of the foregoing requirements, the Town Clerk, after the approval of the Town Council, shall issue to the applicant a driver's license card which shall contain the photograph and town license number of the licensee and the decal.
The Mayor and Council may, in its discretion, refuse to issue or renew, or may, after notice and hearing, revoke or suspend:
Any license of either class if the applicant or licensee 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 30, Motor Vehicle and Traffic Regulations, of the Revised Statutes of New Jersey, or violates any provisions of this chapter or has any judgment of record unsatisfied against him arising out of an automobile accident, or has failed or fails 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,
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
The license of any taxicab driver whose taxicab shall loiter within any space prohibited by law or ordinance, or who shall personally stand or park his taxicab in such prohibitive place soliciting or waiting for new passengers, or who shall violate any of the provisions of the motor vehicle laws of the state or this chapter or any of the rules and regulations made by the Town Council; or
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 required by N.J.S.A. 48:16-3 has once lapsed or 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 imprisonment in the county jail for not more than 30 days. Each succeeding day of violation may be construed to be a new violation.
The annual taxicab license fees are listed in the fee schedule section of the codification and the license shall be effective for the period from January 1 to December 31 of each calendar year or part thereof. A taxicab license for each calendar year thereafter shall be issued upon the payment of the aforesaid fee to the Town Clerk.
The annual taxicab driver's license fee is listed in the fee schedule section of the codification and the license shall be effective for the period from January 1 to December 31 of each calendar year or part thereof. A taxicab driver's license shall be issued upon the payment of the aforesaid fee to the Town Clerk, unless the license for the preceding year has been revoked.
It shall be unlawful for the owner of a licensed taxicab to sell, lease, rent, assign, transfer or in any other manner dispose of a taxicab license without the permission of the Town Council, nor shall any owner of a taxicab hire out or rent a taxicab to a taxicab driver or any other person for use within the town for a stipulated sum over a definite period of time.
Should a taxicab be withdrawn from service for necessary repairs or for replacement, the Town Clerk shall issue a transfer of license thereof to substitute another vehicle in place of the one withdrawn, provided that all sections of this chapter are complied with in respect to the proposed substitution. There shall be a fee as listed in the fee schedule section for the issuance of said transfer.
The rate of fare to be charged within the town limits of the Town of Clinton and surrounding limits shall be posted so that it is conspicuously seen by any passenger in any part of the taxicab.
No taxicab shall at any time carry more than authorized by the Chief of Police, which said authorized capacity shall be posted in the cab.
Rates and rate regulations.
These charges shall be exclusive of the lawful tolls.
These charges shall apply notwithstanding the number of passengers from point of origin to point of destination.
For trips outside the town limits in one direction, a flat rate will be charged if an established schedule is filed with the Town Clerk.
The rates set forth shall be for single passengers and there may be a charge of $0.25 for each additional passenger within the town limits.
Every driver of such taxicab shall have the right to demand payment of legal fare in advance and may refuse employment unless so prepaid, but no driver of such vehicle shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the Town of Clinton unless previously engaged or unable to do so. No driver of any such taxicab shall carry any person other than the first passenger employing him without the consent of said passenger.
There shall also be affixed in every taxicab, in such manner that the same can be conveniently read by a person therein, a card at least three inches in height by at least five inches in length, 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.
Every taxicab so licenses shall have painted on both sides thereof the word "taxi" or "cab" in letters at least three inches high, or the name of the operating owner containing the word "taxi" or "cab" or "taxicab."
No taxicab shall be operated upon the streets of the town at any time without displaying the maximum rates of fare to be charged.
Established. The Town Council may designate public taxicab stands as provided by law and the number of taxicabs permitted therein. The taxicabs shall operate on a first-in, first-out basis at such taxicab stands. No taxicab company or corporation shall have more than one taxicab at any designated taxicab stand.
Additional stand. The Town Council may establish other stands when in its judgment that course shall be necessary. The continuance of such stands shall thereupon be subject to the approval or disapproval of the Town Council.
Off-street parking. Any owner of a taxicab license who shall change his place of business after January 1, 1976, shall provide off-street parking for all of his taxicabs.
No taxicab owner or operator shall cruise on the streets of this town any taxicab at any time for the purpose of soliciting passengers.
No such licensed taxicab, while waiting employment by passengers, shall stand on an public street or place other than at or upon the designated public taxicab stand; nor shall any driver seeking employment repeatedly or persistently drive to and fro on a short space before or otherwise interfere with the proper and ordinary access to or egress from any 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 or traffic and at a rate of speed that would not interfere with or impede the traffic.
Any licensed driver or any person or corporation operating a licensed vehicle for the transportation of passengers for hire in the town shall not enter into any agreement or arrangement with the proprietor of any hotel, motel, boardinghouse, tavern or any other place of business whereby such licensed driver or person or corporation operating any licensed vehicle is to receive any fee, commission, money consideration or return for soliciting patronage for such hotel, motel, boardinghouse, tavern or any other place of business or for inducing persons to patronize such hotels, motels, boardinghouses, taverns or any other place of business, and it shall be unlawful for any licensed driver to receive any fee, commission or money consideration for securing patronage for any such hotel, motel, boardinghouse, tavern or any other place of business.
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.
Every taxicab shall have a permanent illuminated taxi sign and be plainly marked as a taxicab, and such illuminated taxi sign shall be in operation when the taxicab is commercially employed.
Every taxicab owner shall operate and be available to render service at least eight hours every day of the week.
Every taxicab owner shall operate his business from an established place of business or such designated taxi stands.
Every licensed taxi driver while operating a licensed vehicle for the transportation of passengers for hire in the town shall be properly attired in a clean shirt, outer coat or uniform and shall be neat in appearance. It shall be unlawful for the operator to wear a T-shirt or an undershirt as an outer garment while so employed.
No taxicab shall carry any signs of advertising of any kinds.
It shall be unlawful for any driver of a taxicab while on duty to drink any intoxicating liquor or to use any profane or obscene language, to shout or call to prospective passengers or to disturb the peace in any way.
All holders of licenses engaged in the taxicab business in the Town of Clinton operating pursuant to this chapter shall provide all normal taxicab services to the public. They shall answer all calls received by them for services inside the limits of the town as soon as they can do so, and, if said services cannot be rendered within a reasonable time, they shall notify the prospective passenger how long it will be before the call can be answered and shall provide a reason for the delay. Any holder who shall refuse to accept a call anywhere in this municipality when a cab is available or who shall fail or refuse to give normal service shall be deemed in violation of this chapter.
Every holder of a license shall require the driver to keep a daily record identified by the cab number of the taxicab used and the permit number of the driver, which record shall include the time and lace of discharge, together with the fare received for the trip. These records shall be kept for at least 90 days and shall be open at all times for inspection by any duly authorized law enforcement officer.
Every driver of a taxicab who discovers any property lost or left in the taxicab must report in writing to the Police Department, with brief particulars and description of the property, within 24 hours after his finding thereof, unless sooner claimed or delivered to the owner.
Any violation of this chapter by any driver shall constitute a violation on the part of the owner of such taxicab.
[Added 7-9-1985 by Ord. No. 85-14]
License required. No person shall hire, keep or use for hire or pay, or cause to be kept or used for hire or pay, any limousine utilizing the Town of Clinton as a principal place of business as expressed in N.J.S.A. 48:16-18 without having first obtained a license for that purpose from the Town Clerk for such limousine, which license shall be known as a "limousine license." Such license shall be for a term of one year from the date of issuance and shall be renewable annually and shall be nontransferable.
Fee. The fee for the issuance of such license shall be in accordance with Chapter 73, Fees. Each such vehicle used as a limousine shall be licensed separately.
Qualifications. The Town Clerk shall issue such license after satisfactory compliance by the applicant with the provisions of N.J.S.A. 48:16-13 to 48:16-22 and approval by the Chief of Police or Director of Law and Public Safety and the payment of the aforesaid fee.
Form and content of license, There shall be a separate license issued for each limousine to be licensed. The license shall be in writing, numbered, signed by the Police Chief or Director of Law and Public Safety on a form provided by the town and shall contain the following information: the name, business address and business telephone number of the owner; the number of the license; the make, model, year, serial number and license plate number of the vehicle; and the name of the company supplying insurance coverage, the policy number and the name, address and telephone number of the insurance agent.
By whom issued. Limousine licenses shall be initially issued by the Town Council. Any renewals thereof shall be issued by the Town Clerk upon the approval of the Chief of Police or Director of Law and Public Safety.