[HISTORY: Adopted by the Board of Commissioners of the City of Bordentown 12-11-1989 by Ord. No. 1989-12.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees and licenses – See Ch. 37.
Vehicles and traffic — See Ch. 258.
[1]
Editor's Note: This ordinance also repealed former Ch. 250, Taxicabs, adopted 5-25-1948, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person, as defined in this chapter, who has applied for any license described in this chapter.
CITY
The City of Bordentown in the County of Burlington, New Jersey.
CRUISE or CRUISING
The practice of driving about the streets of the city with a taxicab so as to solicit passengers or to bring the presence of the taxicab to the attention of prospective passengers. Any taxicab operating upon the streets of the city 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, returning by the most direct route to the place where the taxicab is principally garaged or kept in the normal course of business after discharging a passenger or going to or from said garage or principal place of business to the driver's home by the most direct route shall be prima facie evidence of "cruising."
DRIVER
Any person who operates or drives a taxicab within the city.
OPERATE, OPERATING or OPERATION
The transportation of one or more passengers for hire in any taxicab along any of the streets of the city. The terms shall include accepting a passenger for transportation or hire within the city or from a point within the city to a point outside of the city. The terms shall not be defined to include discharging a passenger transported for hire from a Point outside of the city to a point within the city or the operation of a taxicab on through service in the city without pickup or discharge of passengers within the city. "Operation" of a taxicab as described herein shall be deemed operation by both the owner and the driver of the taxicab. The transportation of any person other than the owner or driver in any motor vehicle bearing the designation or words "taxicab," "taxi" or "cab" shall be prima facie evidence of "operation,"
OWNER
Any person in whose name title to any taxicab is registered with the New Jersey Department of Motor Vehicles or who is the lessee of such vehicle.
PERSON
Any individual, corporation, company, partnership, firm or association, as well as any individual who owns 10% or more of the shares or interest in any corporation, company, partnership, firm or association.
TAXICAB
Any motor vehicle engaged in the business of carrying passengers for hire, which is held out, announced or advertised to operate, or which is operated, over any of the streets within the city and which accepts passengers for transportation from points or places within or without the city.
No person shall operate any taxicab within the city unless both the taxicab and the driver thereof are licensed pursuant to the provisions of this chapter.
A. 
There is hereby established a license known as a "taxicab driver's license."
B. 
No person shall operate any taxicab within the city unless the person has obtained and is the valid holder of a taxicab driver's license issued by the City Clerk pursuant to this chapter.
C. 
An application for the issuance or renewal of a taxicab driver's license shall be made to the Board of Commissioners on forms adopted by the Board and obtained from the City Clerk.
D. 
No license shall be issued to any applicant unless the applicant is of the age of 21 years or older and has otherwise satisfied the requirements of this chapter.
E. 
No license shall be issued to any applicant unless the applicant has proved, to the satisfaction of the Board of Commissioners, upon the advice of the Chief of Police, that the applicant is in good health, has good eyesight, is not addicted to the use of intoxicating liquors, narcotic drugs or controlled dangerous substances, is a good citizen of the United States of America, is of good character and has not been convicted of an indictable offense, driving under the influence of alcohol or narcotic drugs, refusal to take a breath test or distribution, possession or use of any controlled dangerous substance or has not been convicted of five or more moving violations or has not had his or her driving privileges suspended or revoked in this state or in any other state within 10 years of the date of the application and that the applicant is in the possession of a valid New Jersey driver's license. In addition, the applicant must not have been convicted of any other disorderly persons offense or petty disorderly persons offense involving danger to the person or offenses against property or of reckless driving or leaving the scene of an accident, within 10 years of the date of application.
F. 
Each applicant for a taxicab driver's license shall file with his application two full-face photographs, each 1 1/2 inches by two inches in size, clearly depicting the facial features of the applicant. The photographs shall become and remain the property of the city and shall be retained with the application form. In the event that a taxicab driver's license is issued, one of the photographs shall be permanently affixed to the license card in the space provided thereon.
G. 
Each applicant for a taxicab driver's license shall, at the time of filing his application, be fingerprinted at such place and by such agency as the Chief of Police shall direct, and a copy of said fingerprints shall be forwarded by the Chief of Police to the New Jersey State Police with a request for a report of the applicant criminal record which, when received, shall become a permanent part of the application.
H. 
Information regarding annual and processing fees for taxicab driver’s licenses can be found at § 37-15.
[Amended 4-11-2016 by Ord. No. 2016-08]
I. 
Each applicant that is granted a taxicab driver's license shall be issued a license card in a form approved by the Board of Commissioners and signed by the Mayor and City Clerk. Such license shall at all times be in the possession of the driver while operating the taxicab. The license card shall remain the permanent property of the city and, upon expiration, suspension or surrender, shall be returned within five calendar days of such date to the City Clerk.
A. 
There is hereby established a license known as a "taxicab owner's license."
B. 
No person shall operate or allow to be operated any taxicab within the city unless a valid taxicab owner's license has been issued to the owner of the taxicab for the taxicab in question.
C. 
A taxicab owner's license shall entitle the taxicab which is described in the taxicab owner's license to be operated in the city as a taxicab, engaged in the business of carrying passengers for hire.
D. 
A taxicab owner's license shall only be valid for the particular taxicab described in the license and shall not be transferable to any other taxicab.
E. 
A person who is the holder of a taxicab owner's license may not operate the taxicab, within the meaning of this chapter, unless he is also a holder of a taxicab driver's license issued pursuant to this chapter.
F. 
All applications for the issuance or renewal of a taxicab owner's license shall be made to the Board of Commissioners on forms adopted by the Board and obtained from the City Clerk.
G. 
No license shall be issued to any applicant unless the applicant has proved to the satisfaction of the Board of Commissioners, upon the advice of the Chief of Police, that the applicant has never been convicted of an indictable offense or of distribution, possession or use of any controlled dangerous substance or of any other disorderly persons offense or petty disorderly persons offense involving danger to the person or offenses against property, which other disorderly persons or petty disorderly persons offense was committed within 10 years of the date of application.
H. 
Each applicant for a taxicab owner's license shall, at the time of filing his application, be fingerprinted at such place and by such agency as the Chief of Police shall direct, and a copy of said fingerprints shall be forwarded by the Chief of Police to the New Jersey State Police with a request for a report of the applicant's criminal record which, when received, shall become a permanent part of the application.
I. 
All information which is required to be provided by an applicant with respect to an application for a taxicab owner's license shall also be provided with respect to any individual who owns 10% or more of the shares or interest of any applicant that is a corporation, company, partnership, firm or association.
J. 
Information regarding annual and processing fees for taxicab owner’s licenses can be found at § 37-15.
[Amended 4-11-2016 by Ord. No. 2016-08]
K. 
No taxicab owner's license shall be issued unless there is filed with the City Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of the State of New Jersey conditioned for the payment of a sum of not less than $100,000 to satisfy all claims for damages by reason of bodily injury or death of any one person resulting from an accident and the sum of not less than $100,000 to satisfy all claims 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 taxicab upon the public streets, and conditioned for the payment of a sum of not less than $100,000 to satisfy all claims for damages to the property of all persons on account of any such accident by reason of the ownership, operation, maintenance or use of such taxicab upon the public streets.
[Amended 8-10-1992 by Ord. No. 1992-4]
L. 
Each applicant granted a taxicab owner's license shall be issued a special license plate, hereinafter referred to as a "city tag," which shall be kept clearly legible and visible and which shall be displayed on the rear exterior portion of the taxicab directly above or below the license plate issued by the State of New Jersey. The city tag shall at all times remain the property of the city and shall be returned to the City Clerk within five days of the expiration of the taxicab owner's license or any renewal thereof.
A. 
Each applicant for a license shall supply the information requested on the application form in full and shall verify the correctness and truthfulness thereof by oath or affirmation.
B. 
All application fees shall be paid to the City Clerk at the time that the application is made. No application shall be acted upon by the city unless the application is completed in full and all fees are paid.
Any license issued pursuant to this chapter shall expire at 12:00 midnight of the 31st day of December of the year in which the license was issued unless the license is suspended or revoked prior to that date.
The Board of Commissioners may, after notice and hearing, revoke or suspend any license issued pursuant to this chapter in the event that the licensee:
A. 
Fails to satisfy or to continue to satisfy any of the requirements of this chapter for obtaining a license.
B. 
Has made any false statements or has provided any false, erroneous or untrue information with respect to the application for the license.
C. 
Has failed to comply with the terms of this chapter.
D. 
Has failed to provide reasonably prompt, safe or adequate taxicab service.
E. 
For holders of any taxicab driver's license, has been involved in two or more motor vehicle accidents while operating a taxicab which has caused personal injuries to any person, excluding the licensee, in the event that the accidents were caused by the negligent operation of the taxicab by the licensee.
A. 
No person shall park any taxicab on any public street within the city, except:
(1) 
In such places as the city may designate for the parking of taxicabs.
(2) 
With respect to the immediate pickup or discharge of a passenger in the city.
B. 
The city shall not be obligated to provide a designated parking place for each taxicab licensed pursuant to this chapter.
[Added 3-8-1993 by Ord. No. 1993-7[1]]
A. 
No taxicab license shall be issued to or renewed for any taxicab unless and until proof shall have been given that such taxicab has adequately provided for the safety of children under the age of five years old, who are passengers in said taxicab operated by them. Proof of the following must be supplied:
(1) 
Children 18 months of age or younger who are passengers in said taxicab shall be placed and properly secured in a federally approved child restraint seat.
(2) 
Children over the age of 18 months but under the age of five years must be placed and adequately secured in a carseat, if riding in the front seat of a taxicab, or in a lap and/or lap or shoulder harness seatbelt, if riding in the rear seat of a taxicab.
B. 
Every person operating a taxicab who is transporting a child under the age of five years old on roadways, streets or highways of the City of Bordentown shall be responsible for the protection of the child by properly using a child passenger restraint system that complies with federal vehicle safety standards and all safety standards promulgated by any agency having jurisdiction.
C. 
Proof shall consist of a written policy or posted notice at the base of operation and in all taxicabs, conspicuous to drivers, setting forth that, prior to the operation of the taxicab, children 18 months of age or younger who are passengers in a taxicab shall be placed in federally approved child restraint seat and children over the age of 18 months but under the age of five years must be placed in a car seat, if riding in the front seat of the taxicab, or in a lap and/or lap and shoulder harness seatbelt, if riding in the rear of the taxicab. A licensee must at all times keep and maintain in vehicles or at the base of operation a total number of federally approved car seats equal to 50% of the number of licensed taxicabs in its fleet, which shall at all times be available for use by its drivers. If a request is made for a taxicab by telephone, the dispatcher shall inquire about the presence and age of children who will be making the ride and inform the caller of the policy set forth in this section. He or she will dispatch only a taxicab with a car seat if there is a child 18 months or younger. Drivers who stop for a fare must comply with this subsection. If a car seat is required and the particular driver does not have one, he or she must pass up the fare.
D. 
Holders of city taxicab owner's licenses shall have 30 days from the effective date of this section to comply with its provisions.
E. 
Penalties for violation of these rules shall be as follows: a fine of $100 to $500 and/or suspension or revocation of the taxicab license.
[1]
Editor's Note: Former § 250-11, Fares and flat rates, and § 250-12, Violations and penalties, were redesignated as §§ 250-12 and 250-13 at the request of the city.
A. 
The maximum fare to be charged for taxicab service for any taxicab licensed pursuant to the provisions of this chapter shall be as follows:
(1) 
Two dollars for the first mile or part thereof.
(2) 
Forty cents for each subsequent 1/5 mile or part thereof.
B. 
Nothing in this chapter shall prohibit any licensee from establishing flat rates for service between designated points as long as such flat rates do not exceed the mileage rates established by this chapter.
Any person who violates any provision of this chapter shall, upon conviction thereof, be sentenced in accordance with an Ordinance Providing for Penalties for Violations of Ordinances within the City of Bordentown, adopted on the eighth day of August 1988, as Ordinance No. 1988-11.[1]
[1]
Editor's Note: See Ch. 1, General Provisions, Art. I.