[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.]
[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Editor's Note: This ordinance also repealed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:
Any person, as defined in this chapter, who has applied for
any license described in this chapter.
The City of Bordentown in the County of Burlington, New Jersey.
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."
Any person who operates or drives a taxicab within the city.
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,"
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.
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.
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.
No person shall cruise on the streets of the
city with any taxicab at any time.
[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.
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]
