[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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
No vehicle known as a "two-door body" shall be licensed
as a taxicab.
C.
No vehicle eight years old or older shall be licensed
as a taxicab.
A.
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.
B.
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.
A.
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.
B.
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.
C.
Police review.
(1)
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.
(2)
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.
D.
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.
E.
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.
F.
Each applicant shall not be addicted to the use of narcotics
or intoxicating liquors.
G.
Every license so issued may be revoked upon conviction
of two violations of the state motor vehicle statutes.
H.
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.
I.
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:
A.
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,
B.
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
C.
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
D.
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.
A.
The annual taxicab license fees are listed in the fee
schedule section of the codification[1] 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.
B.
The annual taxicab driver's license fee is listed in
the fee schedule section of the codification[2] 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.
A.
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.[1]
A.
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.
B.
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.
C.
Rates and rate regulations.
(2)
These charges shall be exclusive of the lawful tolls.
(3)
These charges shall apply notwithstanding the number
of passengers from point of origin to point of destination.
(4)
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.
(5)
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.
D.
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.
A.
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.
B.
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."
C.
No taxicab shall be operated upon the streets of the
town at any time without displaying the maximum rates of fare to be charged.
A.
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.
B.
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.
C.
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.
A.
No taxicab owner or operator shall cruise on the streets
of this town any taxicab at any time for the purpose of soliciting passengers.
B.
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.
C.
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.
A.
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.
B.
Every taxicab owner shall operate and be available to
render service at least eight hours every day of the week.
C.
Every taxicab owner shall operate his business from an
established place of business or such designated taxi stands.
D.
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.
E.
No taxicab shall carry any signs of advertising of any
kinds.
F.
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.
G.
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.
H.
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.
I.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
