[HISTORY: Adopted by the Common Council of the City of Burlington
by Ord. No. 10-1995 (Ch. 5.64 of the 1996 Municipal Code). Amendments noted where applicable.]
As used in this chapter, the following words shall have the
meanings indicated:
Any individual, copartnership, association, corporation,
or joint stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
Any street, avenue, park, parkway, highway or other public
place.
Any automobile or motor car engaged in the business of carrying
passengers for hire which is held out, announced to operate or run
or which is operated or run over any of the streets or public highways
of the City, and accepts and discharges such persons as may offer
themselves for transportation from points or places within or without
the City.
A.
Municipal approval. No taxicab shall be operated along any street
in the City until the owner shall have satisfied the licensing requirements
set forth hereinafter and received the consent of the Common Council.
B.
Application for license. The application form for an owner's
license shall be completed by the owner of the taxicab and submitted
to the Municipal Clerk. The applicant shall provide the following
information:
(1)
The full name and address of the owner and of any and all persons
having any interest in such taxicab and in the business in which the
same is used;
(2)
A description of the vehicle for which the license is desired and
a certification by the owner that the taxicab has satisfied all motor
vehicle inspection requirements and will be maintained by the owner
in a safe condition during the term of the license;
(3)
The length of time such vehicle has been in use;
(4)
The number of persons it is capable of carrying;
(5)
A schedule of fares;
(6)
An affidavit of the owner that the information is true and that any
subsequent changes will be reported to the Municipal Clerk in writing
within 48 hours after such changes.
C.
Number of owner's licenses and fees. No more than six taxicab owner's licenses shall be issued in any calendar year. No more than three taxicabs may be operated per license. The nonrefundable application fee set forth in Chapter 146, Fee Schedule, of the Code of the City of Burlington shall be submitted with the application. Licenses shall be renewable annually and shall be in effect for the calendar year.
D.
Display of license and registration. Every taxicab shall have exhibited
in plain view in the front of the schedule facing the passengers the
following information:
A.
Municipal consent shall not become effective until the taxicab owner
shall have filed with the Municipal Clerk an insurance policy of a
company duly licensed to transact business in the State of New Jersey
conditioned for the payment of a sum not less than $100,000 to satisfy
all claims for damages, by reason of bodily injury to, or the death
of, any one person, resulting from an accident, and a sum of not less
than $300,000 to satisfy all claims for damages, by reason of the
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 taxicabs upon any public street; and conditioned for
the payment of a sum not less than $5,000 to satisfy any claim for
damages to property of any one person, resulting from an accident,
and a sum of not less than $25,000 to satisfy all claims for damages
to property of all persons, on account of any such accident, by reason
of the ownership, operation, maintenance or use of such taxicab upon
any public street.
B.
The consent shall become effective and operation thereunder shall
be permitted only so long as the insurance policy shall remain in
force to the full and collectible amounts as set forth.
The taxicab owner shall execute or deliver to the Municipal
Clerk concurrently with the filing of the insurance policy a power
of attorney appointing the City's Chief Financial Officer as
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 insurance policy.
A.
Municipal consent shall be authorized by resolution of the Common
Council following review of the application form by the Municipal
Clerk and the filing of the required insurance policy with the Municipal
Clerk. Thereafter, the Municipal Clerk shall issue to the owner in
duplicate a certificate stating that the owner has complied with municipal
requirements.
B.
The certificate shall recite the name of the insurance company, the
number and date of expiration of the insurance policy, a description
of the taxicab insured thereunder and the registration number of the
taxicab.
C.
The duplicate certificate shall be filed with the Department of Motor
Vehicles before the owner's license to operate a taxicab shall
take effect.
A.
License required. No person shall drive a taxicab without first obtaining
a license from the Municipal Clerk. All licenses shall expire on December
31 next succeeding the date of issuance unless sooner suspended or
revoked by the council.
B.
License fee. The fee for a driver's license or renewal thereof shall be as set forth in Chapter 146, Fee Schedule.
C.
Application requirements. An applicant for a driver's license
shall:
(1)
Be 21 years of age or older;
(2)
Be able to read and write the English language;
(3)
Not have been convicted of any crime involving moral turpitude within
10 years prior to the date of application;
(4)
Be clean in dress and person and not addicted to the use of narcotics
or intoxicating liquors.
D.
Application information.
(1)
The application form for a driver's license shall be completed
by the applicant and submitted to the Municipal Clerk. The applicant
shall provide the following information:
(a)
The full name, age, residence and description of the applicant;
(b)
The places of residence and employment of the applicant during
the preceding three years;
(c)
The number of the applicant's driver's license;
(d)
A record of applicant's convictions of any crimes;
(e)
A record of applicant's driver's license revocations
and the causes therefor;
(f)
The name of the licensed taxicab owner by whom the applicant
will be employed;
(g)
A complete set of fingerprints which shall be attached to the
application;
(h)
Three unmounted unretouched photographs of the applicant taken
within the previous 30 days, of a size which may be easily attached
to the license. If an application for a license is denied, two copies
of the photograph shall be returned to the applicant;
(i)
An affidavit of the applicant that the information is true and
that any subsequent changes will be reported to the Municipal Clerk,
in writing, within 48 hours after such changes.
(2)
Each application shall be accompanied by the certificate of a reputable
physician showing that applicant has been examined within 60 days
of the application and that the applicant is physically and mentally
sound, with good eyesight and not subject to epilepsy or any other
infirmity which might render the applicant unfit for the safe operation
of a taxicab. At any time after a driver's license has been issued,
the Chief of Police, for good cause, may require the licensee to submit
to a physical examination and to present a certificate of such physician
showing continued compliance with these conditions.
E.
Cab driver's badge. Annually the Municipal Clerk shall issue
a plastic cab driver's badge to each licensed driver which shall
contain the driver's license number. The badge shall be of such
form and style as the Chief of Police may prescribe. When the taxicab
is in operation the licensee shall cause the badge to be conspicuously
displayed.
F.
Display of license. Upon issuance of a license, one of the photographs
furnished by the applicant shall be attached to the license and another
shall be filed with the application in the office of the Police Department.
The photograph shall be so attached to the license that it cannot
be removed. Each licensed driver shall exhibit his/her license and
photograph for inspection upon demand of a member of the Police Department
or any citizen.
Whenever a taxicab owner or taxicab driver violates any state
or federal statute, any provision of this chapter or any of the rules
and regulations made by the Common Council or when any taxicab is
used for any improper, illegal or immoral business or purpose or whenever
in the judgment of the Common Council the public life, health, morals
or safety will be promoted by a suspension or revocation of the license
of an owner or driver, the Common Council may hold a hearing to determine
whether such license should be suspended or revoked. The owner or
driver shall receive five days' notice of the time and place
of the hearing. If, after such hearing, the Common Council determines
that the owner or driver is guilty of the charges, the license may
be suspended or revoked by the Common Council. Any suspension shall
be noted on the license with a statement of the reasons therefor.
Upon the third offense against the licensed driver, the Common Council
shall revoke the license. No driver whose license has been revoked
shall again be licensed as a taxi driver.
A.
When requested every driver of a taxicab shall give a passenger a
written receipt for the fare paid by such passenger.
B.
To prevent
deception, fraud or misleading of the public, no color scheme, name,
monogram or insignia shall be used which conflicts with or imitates
any color scheme, name, monogram or insignia used by any other licensee.
C.
A driver
shall not park in front of the entrance of any building within a prohibited
parking space unless the driver shall be discharging a passenger.
D.
A driver
shall not permit persons to loiter in or about a taxicab.
E.
A driver
shall not engage in cruising, solicit for or divert any passenger
to any business establishment or function, solicit or demand any pay
or commission other than the posted fare, or induce any prospective
passenger by use of knowingly misleading information.
A.
Fares shall be as established by the owner of each taxicab. Fares
must be conspicuously posted in both the front and back passenger
seat areas. The schedule of fares shall be filed with the Municipal
Clerk with the annual application for an owner's license and
within 45 hours of any change.
B.
The owner shall maintain records of all fares from the point of hire
to the point of destination, showing the time, date and fare. These
records shall be made available for inspection upon demand by the
Common Council for a period of 60 days following each fare.
