[HISTORY: Adopted by the Mayor and Council
of the Borough of South River as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-9-1977 by Ord. No. 1977-6 (Ch. 179 of the 1977
Code)]
As used in this article, the following terms
shall have the meanings indicated:
The Borough of South River, in the County of Middlesex and
State of New Jersey.
The practice of driving about the streets of the Borough
with a taxicab so as to bring the presence of the taxicab to the attention
of prospective passengers. A taxicab driving along the streets of
this Borough 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 or returning by
the most direct route to the taxicab home, terminus or stand after
discharging a passenger or going to or from the said terminus or stand
to the driver’s home by the direct route shall be prima facie
evidence of cruising.
[Added 5-11-2009 by Ord. No. 2009-11]
Any person who drives a taxicab within the Borough.
Licensed in accordance with the appropriate section of this
article.
Transporting in such taxicab one or more persons for hire
along any of the streets of this Borough, accepting a passenger to
be transported for hire within this Borough or from a point within
this Borough to a point outside the Borough limits shall be deemed
to be "operation of a taxicab" within the Borough within the meaning
thereof. The "operation of a taxicab" in any of the above-described
methods by one other than the owner shall be deemed operation by the
owner thereof as well as by the person actually driving the same.
The transportation of any person other than the owner or driver in
any motor vehicle bearing the sign thereon or therein using the word
"taxi," "taxicab," "cab," "hack" or word of similar connotation shall
be prima facie evidence of operation.
[Amended 9-12-2016 by Ord. No. 2016-14]
Any person, corporation or association in whose name title
to any taxicab is registered with the New Jersey Department of Motor
Vehicles or who appears in such records to be the conditional vendee
or lessee thereof.
Includes the plural as well as the singular and artificial
as well as natural persons.
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 of the Borough of South River and which
accepts passengers in the Borough for transportation from points or
places to points or places within or without the said Borough, provided
that nothing herein contained shall include or apply to public conveyances
which are by law subject to state or federal regulations exclusively.
[Amended 5-11-2009 by Ord. No. 2009-11]
No person shall drive a taxicab upon the streets
of the Borough of South River and no person who owns or controls a
taxicab shall permit it to be so driven and no taxicab licensed by
the Borough shall be so driven for hire unless the driver of the taxicab
shall have first obtained and shall have then in force and in his
possession a taxicab driver’s license issued by the Borough
of South River.
There are hereby established two classes of
taxicab licenses, to be known as "taxicab driver's license" and "taxicab
owner's license," respectively.
[Amended 5-11-2009 by Ord. No. 2009-11; 5-27-2014 by Ord. No.
2014-11; 9-12-2016 by Ord. No. 2016-14]
A.
Any taxicab which is operated anywhere within this Borough must possess
a valid taxicab owner's license. A taxicab owner's license
shall entitle the taxicab therein described to be operated anywhere
within this Borough by a driver duly licensed hereunder, until such
license either expires or is surrendered, suspended or revoked, and
shall not be transferable. The number of taxicab owner's licenses
shall not exceed 25. However, nothing herein shall prevent the Municipal
Council from increasing or decreasing the number of licenses pursuant
to the procedure set forth in N.J.S.A. 48:16-2.1 et seq., should the
public convenience and necessity so require. The number of taxicab
owner's licenses issued to and held by any single taxicab company
and/or owner shall not exceed 15. No individual, corporation, partnership
or other business entity shall have an ownership interest or share
in more than one taxicab business in the Borough of South River.
[Amended 5-11-2009 by Ord. No. 2009-11; 9-12-2016 by Ord. No. 2016-14]
A.
The applicant for a taxicab driver's license must be employed
by a taxi company licensed for business within the Borough of South
River.
B.
A taxicab driver's license shall entitle the person named therein
to operate within this Borough any taxicab duly licensed hereunder,
until the license either expires or is surrendered, suspended or revoked,
and shall not be transferable. There shall be no limit to the number
of taxicab driver's licenses issued.
C.
Any licensed owner who knowingly allows his vehicle to transport
passengers by a driver who does not hold a valid taxicab driver's
license shall be in violation of this article.
[Amended 7-9-2012 by Ord. No. 2012-15; 9-12-2016 by Ord. No. 2016-14]
A.
Upon termination of employment from the licensed taxi company identified
on the application for the license, the taxicab driver's license
shall expire and shall be surrendered to the Borough Clerk.
B.
Every license issued pursuant to the terms of this article shall
expire at 12:00 midnight on the 31st day of December of the year next
succeeding that in which it was issued, unless sooner surrendered,
suspended or revoked. Applications for renewal shall be filed no later
than October 15. Any application not filed by October 15 may preclude
an applicant from operating or driving a taxi until such renewal license
is issued.
[1]
Editor's Note: Former § 310-7, Number of licenses
to be issued, was repealed 5-11-2009 by Ord. No 2009-11.
[Amended 4-9-1987 by Ord. No. 1987-6; 5-11-2009 by Ord. No.
2009-11]
A.
An application for a taxi driver's license shall be
filed, in duplicate, with the Borough Clerk upon forms provided by
the Clerk. The application shall be verified under oath and shall
contain the following information:
(1)
Name and address of the applicant.
(2)
Places of residence for the preceding five years.
(3)
Age, height, color of eyes and color of hair.
(4)
Place of birth.
(5)
Marital status.
(6)
Previous employment and employer.
(7)
Whether the applicant has ever been convicted of any of the following
crimes:
[Amended 9-12-2016 by Ord. No. 2016-14]
(a)
In New Jersey or anywhere else: aggravated assault, arson, burglary,
escape, extortion, homicide, kidnapping, robbery, aggravated sexual
assault, sexual assault or endangering the welfare of a child pursuant
to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession
any weapon enumerated in Subsection r of N.J.S.A. 2C:39-1, a crime
pursuant to the provisions of N.J.S.A. 2C:39-3, 2C:39-4 or 2C:39-9,
or other than a disorderly persons or petty disorderly persons offense
for the unlawful use, possession or sale of a controlled dangerous
substance as defined in N.J.S.A. 2C:35-2.
(b)
In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection A(7)(a).
(8)
Whether a driver's license issued by any state or
municipality to him has ever been suspended or revoked, and for what
cause.
(9)
Whether he is able to read, write and understand the
English language.
(10)
Whether he is in good health and has good eyesight.
(11)
Whether he is or has ever been addicted to the use
of intoxicating liquors or drugs.
(12)
Length of time the applicant has been a licensed automobile
driver of the State of New Jersey.
(13)
Such
other reasonable information as the Chief of Police may require.
B.
The application shall be accompanied by a copy of
a New Jersey driver's license with four passport-type photographs
of the applicant, front view, taken within 30 days of the application.
The photographs shall be of a size not less than 1 1/4 inches in height
and 1 3/4 inches in length.
[Amended 7-9-2012 by Ord. No. 2012-15]
(1)
Submit
a driver’s abstract: to be obtained by the applicant from the
New Jersey Motor Vehicle Commission within 30 days of the date of
application.
[Added 11-25-2013 by Ord. No. 2013-24]
C.
This application shall also be accompanied by a certificate
of a licensed and practicing physician of the State of New Jersey
certifying that the applicant has been examined within 30 days of
the date of the application and that the applicant is of sound physical
condition, with good eyesight, not subject to epilepsy, vertigo, heart
trouble or any other infirmity of body or mind which might make him
unfit for the sage driving of a taxicab. This requirement shall be
waived for any applicant who has been issued a commercial driver’s
license by the State of New Jersey.
[Added 4-9-1987 by Ord. No. 1987-6;
amended 5-11-2009 by Ord. No. 2009-11]
No taxicab driver's license shall be issued
unless the applicant establishes to the satisfaction of the Mayor
and Council the following minimum qualifications:
A.
That he is, and has been for at least one year immediately
prior to the date of the application, the holder of a valid New Jersey
automobile driver's license.
B.
That he is over 18 years of age.
C.
That he is in good health, with good eyesight.
D.
That he is not addicted to the use of intoxicating
liquors or drugs.
E.
That he is able to read, write and understand the
English language.
F.
That he is of good character.
G.
That he has not been convicted of a crime and has not violated any
provision of this article. A person shall be disqualified from operating
a taxicab if a criminal history record background check reveals a
conviction of any of the following crimes:
[Amended 9-12-2016 by Ord. No. 2016-14]
(1)
In New Jersey or anywhere else: aggravated assault, arson, burglary,
escape, extortion, homicide, kidnapping, robbery, aggravated sexual
assault, sexual assault or endangering the welfare of a child pursuant
to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession
any weapon enumerated in Subsection r of N.J.S.A. 2C:39-1, a crime
pursuant to the provisions of N.J.S.A. 2C:39-3, 2C:39-4 or 2C:39-9,
or other than a disorderly persons or petty disorderly persons offense
for the unlawful use, possession or sale of a controlled dangerous
substance as defined in N.J.S.A. 2C:35-2.
(2)
In any other state, territory, commonwealth, or other jurisdiction of the United States or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection G(1).
(3)
If a person who has been convicted of one of the crimes enumerated in Subsection G(1) or (2) of this subsection can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside of New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an autocab.
(4)
The provisions of this subsection shall not apply to an operator
or driver of an autocab who has received the consent to operate in
a municipality prior to November 29, 2011.
H.
That a driver's license issued by any state or municipality
to him has not been suspended or revoked resulting from motor vehicle
or criminal violations within two years immediately prior to the date
of the filing of the application.
[Amended 9-12-2016 by Ord. No. 2016-14]
I.
That he has knowledge of the state motor vehicle laws
and traffic regulations.
J.
That he has knowledge of the ordinances and geography
of the Borough.
[Amended 4-9-1987 by Ord. No. 1987-6; 5-11-2009 by Ord. No.
2009-11]
A.
An application for a taxicab owner's license shall
be filed, in duplicate, with the Borough Clerk upon forms provided
by the Clerk. The application shall be verified under oath and shall
contain the following information:
(1)
The name and address of the applicant; where the applicant
is not a natural person, the name and address of all owners or participants
in the ownership of the legal entity, all officers, directors or others
of like position, whatever their title, and all other individuals
having an interest in the legal entity.
(2)
The year, type, color, make, model and vehicle identification
number of the vehicle for which the license is desired.
(3)
The number of persons the vehicle is capable of carrying.
(4)
Whether the applicant, or any individual enumerated in § 310-10A(1), has ever been convicted, in this or in any other jurisdiction, of a crime, high misdemeanor, misdemeanor, reckless driving or violation of this article or any ordinance, statute or law governing taxicabs.
(5)
Whether a driver's license issued by any state or municipality to the applicant, or any individual enumerated in § 310-10A(1), has ever been suspended or revoked and for what cause.
(6)
Whether the applicant, or any individual enumerated in § 310-10A(1), is or has ever been addicted to the use of intoxicating liquors or drugs.
(7)
The year, type, color, make, model and serial number
of the vehicle for which the license is desired.
(8)
New
Jersey motor vehicle registration plate number of vehicle sought to
be licensed.
(9)
Color
scheme of the vehicle or name, monogram or insignia to be used.
(10)
The length of time the vehicle has been in use.
(11)
Address within the Borough of South River from which the applicant
intends to conduct the operation of the taxicab sought to be licensed.
[Amended 7-9-2012 by Ord. No. 2012-15]
(12)
Any other pertinent information deemed necessary by the Chief of
Police in the interest of public safety, health and welfare.
C.
The application shall be accompanied by four passport-type
photographs of the applicant, if an individual, or of the manager
or chief operating officer of the applicant, if other than an individual,
front view, taken within 30 days of the application. The photographs
shall be of a size not less than 1 1/4 inches in height and 1 3/4
inches in length.
D.
Upon the request of the Borough Clerk, the applicant, or any individual enumerated in § 310-10A(1), shall submit to fingerprinting by the South River Police Department.
E.
The application shall also be accompanied by the license
fee prescribed by this article.
F.
If, at any time following the filing of the application
and continuing throughout the effective period of any license issued
pursuant to this article, there are any changes in any of the information
required by this section, the applicant or licensee shall report the
same, in writing, to the Borough Clerk within three days after such
change.
G.
A copy
of the complete schedule of the rates to be charged and a copy of
the complete schedule of hours and days of intended operation of the
vehicle.
[Added 4-9-1987 by Ord. No. 1987-6]
A.
All applicants for a license under this article shall obtain a criminal background check at a private agency approved by the Borough. The results of the criminal background check shall be forwarded by the approved agency directly to the Borough Clerk. Upon receipt of a complete application, including the criminal background check referred to herein, and the driver’s abstract referred to in § 310-8B, the original shall be reviewed by the Chief of Police, the Borough Clerk and the Business Administrator, who shall cause such investigation of the applicant's driving record, criminal background, and business and moral character to be made as they deem necessary for the protection of the public good. Said investigation, prior to the issuance of a license hereunder, shall be mandatory. If the result of said investigation is that the application is satisfactory, same shall be approved by the Borough Clerk. If as a result of such investigation the applicant’s background reveals a prior history involving any of the crimes and offenses set forth in § 310-11C, or if the applicant’s driving record, character or business responsibility is found to be unsatisfactory, the application shall be denied, with reasons for said denial indicated on the application by the Borough Clerk. If an application is for a taxicab owner's license, the Traffic Safety Division of the Police Department shall conduct an inspection of the vehicle or vehicles to be licensed. A report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application and returned to the Borough Clerk for consideration by the governing body at a regular meeting of the Borough Council.
[Amended 7-9-2012 by Ord. No. 2012-15; 11-25-2013 by Ord. No.
2013-24; 9-12-2016 by Ord. No. 2016-14]
(1)
Prior
to issuing an original taxi owner's license, the Police Department
shall inspect the taxi to verify that the taxi possesses a valid motor
vehicle inspection sticker. Upon receipt of any new sticker, the taxi
shall again be presented for inspection by the police to verify that
a valid sticker is in place. Upon successful inspection of the vehicle,
a number decal shall be issued by the Police Department to be affixed
to the rear window of the vehicle. If the vehicle fails inspection,
reinspection must occur within 14 days of the initial inspection.
The license issued for a vehicle listed on the owner’s application
that has failed inspection by the Traffic Safety Division and is not
in operation after the reinspection period has expired will be forfeited.
(2)
No
taxi shall be put in service or kept in service unless both heat and
air conditioning are operational.
A1.
After the initial criminal background check that includes
a fingerprinting process, annual subsequent criminal background checks
for the purpose of licensing shall consist of the use of the New Jersey
State Police SBI 212A Form, unless otherwise dictated by the Borough
Clerk or the Chief of Police.
[Added 9-12-2016 by Ord.
No. 2016-14]
B.
Appeals. Any person aggrieved by the action of the Chief of Police, Business Administrator and Borough Clerk in the denial of an application for a license as provided in § 310-11A of this chapter, or in the decision with reference to revocation of a license as provided in § 310-15 of this chapter, shall have the right of appeal to the Mayor and Council of the Borough of South River. Such an appeal shall be taken by filing with the Mayor and Council within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds of the appeal. The Mayor and Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in § 310-15 of this chapter for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive.
[Amended 11-25-2013 by Ord. No. 2013-24]
C.
Criminal history record background check.
[Added 2-13-2012 by Ord. No. 2012-3]
(1)
Each operator or driver of the autocab for which the owner thereof
is seeking the consent to operate in a municipality must submit to
the performance of a criminal history record background check. The
cost for the criminal history record background check, including all
costs of administering and processing the check, shall be borne by
the operator or driver of the autocab.
(2)
A person shall be disqualified from operating or driving an autocab
if a criminal history record background check required pursuant to
this subsection reveals a record of conviction of any of the following
crimes:
(a)
In New Jersey or elsewhere, any crime as follows: aggravated
assault, arson, burglary, escape, extortion, homicide, kidnapping,
robbery, aggravated sexual assault, sexual assault or endangering
the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not
armed with or having in his possession any weapon enumerated in Subsection
r of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A.
2C:39-3, N.J.S.A. 2C:39-4, or N.J.S.A. 2C:39-9, or other than a disorderly
persons or petty disorderly persons offense for the unlawful use,
possession or sale of a controlled dangerous substance as defined
in N.J.S.A. 2C:35-2.
(b)
In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection C(2)(a) of this section.
(c)
If a person who has been convicted of one of the crimes enumerated in Subsection C(2)(a) and (b) of this section can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving an autocab.
[Added 4-9-1987 by Ord. No. 1987-6]
No vehicle licensed under the provisions of
this article shall be used or operated unless it exhibits, at all
times, a valid New Jersey inspection certificate. Every vehicle operating
under this article shall, at all times, be maintained in a sanitary
condition and shall be mechanically sound, and the interior and exterior
shall be kept in good order, free from dirt, rust, dents or other
damage.
[Amended 5-11-2009 by Ord. No. 2009-11]
A.
No license
shall be issued by the Township Clerk unless the applicant has filed
an insurance policy with the Clerk in accordance with the requirements
of N.J.S.A. 48:16-3.
[Amended 7-9-2012 by Ord. No. 2012-15; 9-12-2016 by Ord. No. 2016-14]
B.
The Borough Clerk shall notify the Chief of Police of the filing of the insurance policy required by Subsection A of this section.
C.
The taxicab
license and operation hereunder shall be effective only so long as
the insurance policy required by this section shall remain in full
force to the full and collectible amounts as required by this section.
[Amended 2-25-1982 by Ord. No. 1982-4]
The fees for the issuance of licenses herein referred to shall be as provided in Chapter 155, Fees.
[Amended 4-9-1987 by Ord. No. 1987-6; 5-11-2009 by Ord. No.
2009-11; 7-9-2012 by Ord. No. 2012-15; 9-12-2016 by Ord. No. 2016-14]
A.
The Mayor and Council of the Borough of South River may, in its discretion,
refuse to issue or, after notice and a hearing, refuse to renew, revoke
or suspend:
(1)
Any license of either class if the applicant or licensee, within
two years next preceding the filing of an application hereunder or
having obtained a license and while said license is in effect hereunder:
(a)
Has been or is convicted of any of the crimes and offenses set forth in § 310-11C, in this or any other jurisdiction, or of reckless driving;
(b)
Has had his driving privileges revoked in this or any other
state;
(c)
Violates any provision of this article or has any judgment unsatisfied
of record against him arising out of an automobile accident;
(d)
Has failed or fails to render reasonable, prompt, safe and adequate
taxicab service;
(e)
Has not complied fully with the requirements of this article
for such class of license;
(f)
Has failed to comply with the minimum qualifications and/or
vehicle maintenance requirements established by this article for such
class of license;
(g)
Makes a misrepresentation of any material fact made or disclosed
in an application; or
(h)
Has permitted a driver whose driver's license has been
revoked or who has been denied a taxi driver's license to operate
a taxi.
(2)
Any license of either class if the governing body determines that
public convenience currently does not require additional licensed
taxicabs or that public safety will be best served by the refusal
to issue any additional licenses or that the granting of the license
applied for is not in the interest of the public health, safety or
welfare.
(3)
Any taxicab owner's license if the motor vehicle licensed or
to be licensed, by reason of unsafe or unsanitary condition, is dangerous
to the safety and health of the occupants or others or if the policy
of insurance required by this article or by any statute of the State
of New Jersey has become lapsed or such coverage is not maintained
at all times.
B.
Right to inspect vehicles; suspension or revocation of license prior
to hearing. In the event that the Chief of Police believes that the
health, safety or welfare of passengers would be endangered if a license
is not immediately suspended or revoked, the Chief of Police is authorized
to immediately suspend or revoke a license prior to the licensee having
an opportunity for a hearing with the Borough Council. In such cases
of immediate suspension or revocation, the licensee shall be entitled
to a hearing before the Borough Council within 15 days of the Chief
of Police's notification of the suspension or revocation.
Each applicant granted a taxicab driver's license
shall be issued a license card in evidence thereof in a form approved
by the Mayor and Council of the Borough of South River and signed
by the Borough Clerk on its behalf. Such license card shall at all
times be carried by the driver while operating a taxicab. In addition,
the owner of the taxicab shall furnish a card with the name of the
driver, which shall at all times be prominently displayed and adequately
posted in the interior of any taxicab operated by the licensee so
that the face thereof shall be at all times in full view and plainly
legible to any passenger seated on the rear seat of such taxicab,
and there shall be affixed to such card, in full view of such passengers,
a photograph of such licensed driver, of a size not less than 1 1/4
inches in height and 1 3/4 inches in length, together with a
photograph of the licensed owner of such taxicab, of the same size,
and each of the said photographs shall have indicated thereon the
words "Licensed Taxicab Owner" or "Licensed Taxicab Driver," as the
case may be.
The operation of any taxicab licensed pursuant
to this article shall be permitted and shall be lawful only so long
as the applicable liability insurance policies prescribed by this
article shall remain in full force to the full and collectible amount
stated in said policies.
No taxicab shall hereafter be operated in this
Borough unless and until there is prominently displayed in the interior
thereof, within the full view and access of any passengers therein,
a complete list of fares, charges or tariff rates charged for transportation
of passengers, which fares, charges or tariff rates so displayed and
no others shall be charged any passenger so transported.
[Amended 5-11-2009 by Ord. No. 2009-11]
A.
All taxicabs
added to any taxicab company’s fleet, after the effective date
of this subsection, shall be of matching color and lettering.
B.
Every
taxicab so licensed shall have conspicuously located on the exterior
thereof the word “taxicab,” which shall be illuminated
during darkness.
C.
No tinting
or obstruction shall be added to any windows of the taxicab vehicle
that restricts the view of the interior of the vehicle, excluding
such tinting or obstructions that are original manufacturer’s
installed equipment.
D.
The owner
of an autocab shall cause to be displayed on the body of the vehicle
the taxi license number issued to that vehicle. The number shall be
three inches in height and located in the center of the rear quarter
panels on the driver and passenger sides and the rear center line
of the trunk of the vehicle. Each autocab shall display on each rear
door of the autocab the name of the municipality or municipalities
which have issued the autocab a taxi license in letters three inches
in height.
[Added 2-13-2012 by Ord. No. 2012-3]
[Amended 9-12-2016 by Ord. No. 2016-14]
The Mayor and Council may, by ordinance, make such general rules
and regulations and such special rulings and findings as may be necessary
for the proper regulation and control of the operation of taxicabs
in the Borough and for the enforcement of this article. The Mayor
and Council, in implementing this article, shall at all times consider
the purpose and intent of this article, the character of the various
districts of the Borough and the needs of the public, with particular
consideration of pedestrian and vehicular traffic.
[Amended 9-12-2016 by Ord. No. 2016-14]
The violation by the taxicab owner or the taxicab driver of
any rules, regulations, special rulings and findings shall be sufficient
cause for revocation of any license granted to such taxicab owner
or taxicab driver pursuant to this article and shall be sufficient
cause for the refusal by the Mayor and Council to renew such license,
in addition to any and all other grounds heretofore specifically mentioned
in this article.
[Amended 9-12-2016 by Ord. No. 2016-14]
A.
Owners and drivers of taxicabs licensed out of the jurisdiction of
this Borough may be allowed to enter their taxicabs in this Borough
on specific call only to discharge a passenger to a location point
within the limits of the Borough of South River. Owners and drivers
of taxicabs licensed out of the jurisdiction of this Borough are prohibited
from entering their taxicabs into this Borough with the purpose of:
B.
Such taxicabs shall not be parked in this Borough, nor shall the
drivers thereof cruise on the streets of this Borough at any time
for the purpose of soliciting passengers, nor shall they in the nighttime
or other periods of darkness, when in this Borough, permit any advertising
lights on the taxicab to remain lighted; provided, however, that the
same or similar substantial reciprocal rights are granted to owners
and drivers of taxicabs licensed in this Borough by the municipalities
in which the aforesaid owners or drivers are licensed.
[Added 5-11-2009 by Ord. No. 2009-11]
The vehicle described on the taxicab license may be substituted
or replaced by another vehicle only after written permission is received
from the Chief of Police. Permission shall not be granted until:
A.
The existing
license application is amended to include the relevant information
with respect to the substituted vehicle.
C.
The vehicle complies with all the requirements of this article and the insurance policy required pursuant to § 310-13 has been amended to disclose the substitution of the new vehicle.
D.
The license
for said substitute vehicle shall have the same effective date and
expiration date as the original vehicle’s license.
[Added 5-11-2009 by Ord. No. 2009-11]
A.
Taxicab
owner’s license.
(1)
Taxicab
licenses issued pursuant to this section may be sold, assigned, mortgaged
or otherwise transferred by the designated person to whom such licenses
were issued, provided that such transfer takes place simultaneously
with the sale of the business and that the transferee of the licenses
will be the new owner.
(2)
Any
licenses not transferred to the new owner of the business shall immediately
and automatically revert back to the Borough.
B.
Taxicab
driver’s license. No taxicab driver’s license issued pursuant
to this section may be sold, assigned, mortgaged or otherwise transferred
by the designated person to whom such license was issued.
[Added 5-11-2009 by Ord. No. 2009-11]
A.
Parking
and standing.
(1)
No
person shall park or stand any taxicab on any streets of the Borough
or upon any premises, other than as permitted herein below, except
for the purpose of pickup or discharge of passengers or at such place
or places as the Borough Council may from time to time designate as
a municipal taxi stand.
[Amended 7-9-2012 by Ord. No. 2012-15]
(2)
No
taxicab shall stand at the curb within 15 feet of the entrance to
any hotel, restaurant, tavern or other public place, and it shall
not stand within 25 feet of any crosswalk or fire hydrant.
(3)
Every owner holding a South River taxi owner’s license shall maintain a fixed place of business within the Borough which is approved by the Borough Zoning Officer and shall park all taxis only in accordance with Chapter 350 of the Code of the Borough of South River or in a municipal parking lot upon issuance of a parking permit by the South River Parking Utility. The licensee shall provide a letter from the owner of the property confirming that, upon issuance of a license by the Borough, the licensee is permitted to park taxis on-site for a minimum of 12 months.
[Added 7-9-2012 by Ord. No. 2012-15]
(4)
If
the licensee intends to occupy space in a building at a central place
of business, the licensee must also secure a certificate of use for
occupancy from the Zoning Officer.
[Added 7-9-2012 by Ord. No. 2012-15]
B.
Cruising.
No person shall cruise on the streets of the Borough with any taxicab
at any time for the purpose of soliciting passengers.
C.
Additional
passengers. No driver shall permit any other person to occupy or ride
in the taxicab unless the person or persons first employing a taxicab
shall consent to the acceptance of an additional passenger or passengers.
D.
Restriction
on number of passengers.
E.
Recordkeeping
by owners.
(1)
The
holder of each and every taxicab license shall record in a book kept
solely for such purpose the time of departure and the time of return
of each taxicab. It shall also include the place of origin and destination
as well as the name of the driver.
(2)
The
record book shall be kept open for inspection at all times by a duly
authorized representative of the Police Department.
F.
Recordkeeping
by the drivers.
(1)
The
licensed driver of each taxicab shall keep a daily record upon which
all trips shall be recorded. The daily record shall show the time
and place of origin and destination of each trip and the amount of
fare received for each trip. All such records shall be given to the
holder of the taxicab license and shall be retained for two years
by such holder. The holder of the taxicab license shall be responsible
for the maintenance of daily records of all taxicabs operated by him.
Such daily record shall be kept in the taxicab vehicle during daily
operations.
(2)
The
form of such records shall be approved by the Chief of Police.
[Amended 5-11-2009 by Ord. No. 2009-11]
Any person who shall violate a provision of this article shall,
upon conviction thereof, be punished by one or more of the following:
a fine not exceeding $2,000 or by imprisonment for a term not exceeding
90 days or by a period of community service not exceeding 90 days.
[Adopted 5-11-2009 by Ord. No. 2009-11]
The purpose of this article is to regulate and control the operation
of autocabs, also known as "limousine and livery services," within
the Borough pursuant to N.J.S.A. 48:16-13 et seq.
As used in this article, the following terms shall have the
meaning indicated:
A limousine.
The Borough of South River, New Jersey.
The practice of driving about the streets of the Borough
with a taxicab or limousine so as to bring the presence of the taxicab
or limousine to the attention of prospective passengers. A taxicab
or limousine driving along the streets of this Borough 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 or limousine
by a prospective passenger or returning by the most direct route to
the taxicab or limousine's home, terminus or stand after discharging
a passenger or going to or from the said terminus or stand to the
driver's home by the direct route shall be prima facie evidence
of cruising.
Any person who drives a limousine within the Borough.
A motor vehicle used in the business of carrying passengers
for hire to provide prearranged passenger transportation at a premium
fare on a dedicated, nonscheduled, charter basis that is not conducted
on a regular route and with a seating capacity in no event of more
than 14 passengers, not including the driver, provided that such vehicle
shall not have a seating capacity in excess of four passengers, not
including the driver, beyond the maximum passenger seating capacity
of the vehicle, not including the driver, at the time of manufacture.
Nothing in this definition shall be construed to include taxicabs,
hotel buses or buses regulated by the New Jersey Department of Transportation.
Includes the business of carrying passengers for hire by
limousine.
Includes any individual, copartnership, association, corporation
or joint-stock company.
The location of the main place of business of the limousine
service in the municipality where limousine service is conducted,
where limousines are dispatched, or where limousine drivers report
for duty.
Includes any street, avenue, park, parkway, highway, boulevard
or other public place.
There are hereby established two classes of limousine licenses,
to be known as "limousine owner's license" and "limousine driver's
license."
A.
Limousine owner's license. A limousine owner's license
shall entitle the limousine therein described to be operated anywhere
within this Borough by a driver duly licensed hereunder, until such
license either expires or is surrendered, suspended or revoked, and
shall not be transferable. There shall be no limit to the number of
limousine owner's licenses issued.
B.
Limousine driver's license. A limousine driver's license
shall entitle the person named therein to operate within this Borough
any limousine duly licensed hereunder, until the license either expires
or is surrendered, suspended or revoked, and shall not be transferable.
There shall be no limit to the number of limousine driver's licenses
issued.
A.
An owner of a limousine service having a principal place of business
in the Borough of South River must obtain a license for said service
from the Borough Clerk of the Borough of South River as hereinafter
provided.
B.
Each driver of a limousine service having his or her principal place
of business in the Borough of South River must obtain a limousine
driver's license from the Borough Clerk of the Borough of South
River.
C.
No person shall drive a limousine upon the streets of South River
and no person who owns or controls a limousine shall permit it to
be driven and no limousine licensed by the Borough shall be driven
for hire unless the driver of the limousine shall have first obtained
and shall have then in force and in his possession a limousine driver's
license issued by the Borough of South River.
Applications for licenses shall be made in writing, upon forms
provided by the Borough of South River, signed by the applicant before
a notary public or another person duly authorized to administer oaths
and filed with the Borough Clerk. Said applications shall contain
or be accompanied by the following:
A.
The name, age and residence of the applicant.
(1)
If a partnership, the names, ages and residents of all partners,
along with the business address of the partnership.
(2)
If a corporation, the names, ages and residences of its president,
secretary and treasurer. Applications made by a corporation shall
be signed in its name by the president and attested by the secretary.
B.
The serial number, type, color, year and make of the limousine, the
state registration number, number of doors on said vehicle and number
of persons the vehicle can carry as passengers.
C.
A certificate of compliance attesting that the applicant has complied
with all state statutes governing limousine services.
D.
Insurance requirements.
(1)
Before a person or party shall be allowed to operate an autocab,
also known as "limousine service or livery service," the party or
person, as the owner, shall file with the Clerk of the Borough an
insurance policy pursuant to N.J.S.A. 48:16-14 in the sum of $1,500,000,
or as may otherwise be required by the statute in such case made and
provided, against loss by reason of liability imposed by law upon
every autocab, limousine, or livery service owner for damages or bodily
injury or death suffered by any person as a result of an accident
and against loss by reason of property damage. The right to operate
an autocab, also known as "limousine service or livery service," shall
be permitted only so long as the insurance policy shall remain in
full force and effect for such statutory amounts. The contents of
the insurance policy shall also provide for the payment of any final
judgment recovered by a person on account of the ownership, maintenance
and use of such autocab, limousine, or livery service, or any fault
in respect thereof, shall be for the benefit of every person suffering
loss, damage, or injury and shall state the name of the insurance
company, the number and the date of expiration of the policy and a
description of every limousine insured thereunder and the registration
number of the same. In addition to the actual policy, the party or
person, as owner, shall provide a specific power of attorney to the
Borough Administrator permitting the Borough to confirm at any time
that the above-required insurance is in effect.
(2)
The operation shall be permitted only so long as the insurance policy
remains in full force and effect as to the full and collectible amount
of $1,500,000 or such other amount as may be required by statute.
Limousine owners, or anyone on their behalf, shall not undertake to
cancel or have canceled any such policy without giving the Borough
Clerk 10 days' notice of the intention to do so.
(3)
The insurance policy shall provide for the payment of any final judgment
covered by any person on account of the ownership, maintenance and
use of such limousine upon any public street or any fault in respect
thereto and shall be for the benefit of every person suffering loss,
damage or injury as aforesaid.
(4)
Every person operating a limousine, whether an owner and/or driver,
who is transporting a child under five years on the roadways, streets
or highways of the Borough shall be responsible for the protection
of the child by properly using a child passenger restraint system
that complies with federal vehicle safety, N.J.S.A. 39:3-76.2a.
E.
Power of attorney. The owner of the limousine shall execute and deliver
to the Division of Motor Vehicles, concurrently with the filing of
a certificate of insurance, a power of attorney, wherein and whereby
the owner shall appoint the Director of Motor Vehicles his 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.
F.
No limousine owner's license shall be issued until the location
of the business is approved by the Zoning Officer.
G.
The owner and operator of each limousine operating in the Borough
shall keep the limousine in good running order so that it makes a
presentable appearance and is in compliance with all current Division
of Motor Vehicle (DMV) regulations. The owner of each limousine shall
have each limousine presented to the Chief of Police or his designee
prior to the issuance or renewal of the limousine owner's license
and thereafter upon the request of the Chief of Police or his designee
so that it may be inspected to determine whether it complies with
the provisions of this article.
H.
A nonrefundable limousine license fee as set forth in Chapter 155, § 155-3.1. This license is nontransferable and shall be valid from its date of issue until December 31 of the same year. Thereafter, a renewal license shall be valid for one year from January 1 until December 31. There will be no proration of the fee.
No lettering, emblem or advertising may be placed on a licensed
limousine.
A.
Limousine drivers shall not solicit business in a manner similar
to that of a taxicab or attempt to solicit business by knowingly misleading
a prospective passenger.
B.
No person shall cruise upon the streets of the Borough of South River
with any limousine at any time for the purpose of soliciting passengers.
Upon conviction for violation of this provision, in addition to any
fine that may be imposed, the license of the operator of such vehicle
may be suspended for a period of up to 30 days by the Borough Clerk.
C.
The driver of any limousine shall, upon request of any passenger,
render a receipt for the fare charged. The receipt shall state the
name of the driver, limousine license number, the amount of the fare,
the points of original and destination and the date and time of the
transaction. The number of passengers permitted in any taxicab or
limousine shall comply with the particular vehicle manufacturer's
passenger capacity specifications.
A.
Applications for licenses shall be made in writing, upon forms provided
by the Borough of South River, signed by the applicant before a notary
public or another person duly authorized to administer oaths and filed
with the Borough Clerk. Said applications shall contain or be accompanied
with the following information:
(1)
The name, residence, age, height, weight, color of eyes and color
of hair of the applicant.
(2)
The name and address of the applicant's current employer and
name and address of all employers within the last five years.
(3)
Whether a driver's license issued to the applicant by New Jersey
or any other State has ever been suspended and, if so, for what cause.
(4)
Copy of a valid New Jersey driver's license.
(5)
A copy of the written notification of the Commissioner of Transportation's
determination that the applicant is qualified for employment as a
limousine driver.
(6)
Results of a drug screening testing conducted within 30 days of an
application submitted to the South River Police Department. This drug
test must have been performed by a facility duly licensed to conduct
drug testing by the State of New Jersey, which shall have screened
for all illegal substances.
(7)
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 such applicant
has no infirmity of body or mind or visual impairment or deficiency
which might render the applicant unfit for the safe operation of a
limousine.
(8)
Two recent photographs, being not less than 1 1/4 inches in
height by one inch in length, of the applicant.
(9)
A statement as to whether the applicant has ever been convicted of
violating any criminal or quasicriminal statute, including traffic
laws and municipal ordinances; if the applicant has been convicted,
a statement as to the date and place of conviction, the nature of
the offense and the punishment imposed.
(10)
A nonrefundable limousine driver's license fee as set forth in Chapter 155. This license is nontransferable and shall be valid from its date of issue until December 31 of the same year. Thereafter, a renewal license shall be valid for one year from January 1 until December 31. There will be no proration of the fee.
A.
Upon proof that the owner of the autocab, limousine, or livery service
has complied with filing the required insurance policy, the Borough
Clerk shall issue a certificate, in duplicate, showing that the owner
has complied with the terms and provisions of this section and the
New Jersey state statutes. This certificate issued by the Borough
Clerk shall recite the name of the insurance company, the number and
date of expiration of the policy, a description of every autocab,
limousine, and livery service insured under the policy and the registration
number of the vehicles registered thereto. The duplicate certificate
shall be filed with the Division of Motor Vehicles before any car
is registered as an autocab, limousine, or livery service. The original
certificate shall be posted in a conspicuous place within the autocab,
limousine, or livery vehicle.
B.
The license shall state the name of the insurance company, the number
and date of the expiration of the policy and a description and the
registration number of each limousine insured thereunder. The duplicate
license shall be filed with the Division of Motor Vehicles before
any such vehicle is registered as a limousine service.
C.
A limousine shall not be operated for service within the Borough
unless the driver thereof has been issued a valid limousine driver's
license.
A.
The original license shall be retained within the limousine and shall
be available for inspection by any police officer of the state.
B.
No limousine shall operate on the highways of this state unless it
has a license issued and the limousine is equipped, in accordance
with minimum standards established by the Director of the Division
of Motor Vehicles and the Department of Transportation, with:
(1)
A two-way communications system, which, at a minimum, shall provide
for communication to a person outside the vehicle for a distance of
not less than 100 miles and which requirement may be satisfied by
a mobile telephone.
(2)
A removable first-aid kit and an operable fire extinguisher, which
shall be placed in an accessible place within the vehicle.
(3)
Sideboards attached to the permanent body construction of the vehicle
if the height of the vehicle floor is 10 inches or more above ground
level.
The Chief of Police or his designee shall have the jurisdiction
and responsibility for:
A.
Inspecting limousines and ensuring that any limousine service has
sufficient off-street parking for all its limousines and employees
of the limousine service.
B.
Instituting an investigation of the facts stated in any application and evaluating the application in light of the criteria set forth in §§ 310-28 and § 310-31. A report containing the results of the investigation and evaluation, a recommendation by the Chief of Police that the license be granted or denied, and the reasons for his recommendation shall be forwarded to the Borough Clerk at least three days before the date set for any action by the governing body with regard to such application. A copy of the report shall also be sent to the applicant.
C.
Conducting periodic inspections of licensed limousines. Before any
limousine license is issued, the vehicle sought to be licensed shall
be driven to a place designated by the Chief of Police and shall be
inspected to determine if the vehicle is safe for the transportation
of passengers, sanitary and otherwise fit for the transportation of
passengers as well as in conformity with the provisions of this article.
Any vehicle found to be unsafe, unsanitary, or not suitable for service
may be removed from service and not returned to service until it has
been reinspected by the Chief of Police or his designee.
[Amended 5-27-2014 by Ord. No. 2014-11]
This article shall be enforced by the Police Department of the
Borough of South River. Violations of this article that occur upon
private property may be enforced by either the Police Department of
the Borough of South River or the Code Enforcement Officer of the
Borough of South River.
