[HISTORY: Adopted by the Mayor and Council of the Borough of High Bridge 2-9-2006 as Ch. 185 of the 2006 Code of the Borough of High Bridge. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 184.
As used in this chapter, the following terms shall have the meanings indicated:
LIMOUSINE
Any automobile or vehicle propelled by motor power engaged in the business of carrying passengers for hire and operating from private property, either by trip, hour or day, or longer period of time, and which does not solicit passengers for hire upon the public streets of the Borough. The term "limousine" shall also mean "autocab" as defined in N.J.S.A. 48:16-13.
TAXICAB
Any automobile, taxicab or other vehicle propelled by motor power engaged in the business of transportation of passengers for hire or pay within the Borough, whether operated from stands in the street or only on telephone calls to garages or in any other manner. It is the intention of this chapter to include in the definition of "taxicab" any motor-driven vehicle, other than stages, omnibuses and vehicles commonly called "jitneys," which carries passengers for hire or pay for which public patronage is solicited and the owner of which holds himself out as a carrier of passengers.
The following types of licenses are hereby established for the purposes of this chapter:
A. 
Taxicab owner's license. Each person engaged in the taxicab business within the Borough shall obtain an individual license for the operation of said business.
B. 
Taxicab driver's license. A license to drive shall be obtained by every individual who shall drive a taxicab which, under the terms of this chapter, is required to be licensed.
C. 
Limousine owner's license. Each person engaged in the limousine business and utilizing the Borough as a principal place of business as expressed in N.J.S.A. 48:16-18 shall obtain an individual license for each limousine.
D. 
Limousine driver's license. A valid license to drive shall be obtained by every individual who shall drive a limousine which, under the terms of this chapter, is required to be licensed.
A. 
License required. It shall be unlawful for any person to engage in the taxicab business within the Borough without first having obtained a license therefor as hereinafter provided.
B. 
Application for license.
(1) 
No taxicab owner's license shall be issued for any vehicle required to be licensed until the owner files an application for a taxicab owner's license setting forth the character of the vehicle proposed (including the VIN number) to be licensed; the correct name of the owner thereof, the residence or address of the principal office of such owner; a statement as to whether the applicant has been convicted of a crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed and a complete schedule of the fares proposed to be charged and such other facts as the Mayor and Council may require. The application for license shall be made in duplicate to the Borough Clerk on forms provided by the municipality.
(2) 
All applicants must execute the authorization by subject of request and privacy act notification area of Form SBI-212A or SBI-212B (request for criminal history record information for a noncriminal justice purpose) for a criminal history name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. In addition, the applicant must submit a cashier's check, certified check or money order drawn on a United States bank in the amount of $15, payable to Division of State Police, SBI, for the criminal history name search. If the applicant is a corporation, then this requirement shall apply to the officers in charge of the corporation. The fully executed form and the applicant's check or money order must be submitted along with the application for a taxicab owner's license.
C. 
Investigation of applicant. When the aforesaid application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Borough Clerk; the Clerk shall refer the duplicate, the authorization by subject of request and privacy act notification and criminal history name search fee to the Chief of Police who shall make, or cause to be made, such investigation of the applicant's business responsibility and moral character as he deems necessary for the protection of the public good. The duplicate shall be kept on file in the Police Department upon completion of the investigation. The investigation shall include a criminal history name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. The criminal history check shall be kept confidential. For the purposes of this check, the High Bridge Borough Police Department is hereby authorized to have access to the criminal history record information file through the State Bureau of Investigation.
(1) 
As a result of such investigation, the Chief of Police shall note on the application his recommendation and his reasons therefor and return the application to the Borough Clerk. Such recommendation shall be returned to the Borough Clerk within 10 days of the Police Department's receipt of the duplicate application.
(a) 
Any recommendation by the Chief of Police that a license should not be issued to the applicant shall be based on one or more of the following findings with respect to the applicant:
[1] 
Conviction of a crime adverse to the operation of a taxicab or limousine. In determining whether a conviction relates adversely to the operation of a taxicab or limousine, the following factors shall be considered:
[a] 
Nature of the taxicab or limousine business.
[b] 
Nature and seriousness of the crime.
[c] 
Circumstances under which the crime occurred.
[d] 
Date of the crime.
[e] 
Age of the person when the crime was committed.
[f] 
Whether the crime was an isolated or repeated incident.
[g] 
Social conditions which may have contributed to the crime.
[h] 
Any evidence of rehabilitation.
[2] 
Unethical business practices adverse to the operation of a taxicab or limousine.
[3] 
Conclusive evidence that the applicant has within four months of the application been addicted to the habitual use of drugs or intoxicating liquors.
(b) 
In the absence of such findings, the Chief of Police shall recommend that the license be granted.
(2) 
The Borough Clerk shall present the completed application to the Mayor and Council, which shall, at the next regularly scheduled public meeting after receipt of the recommendation of the Chief of Police, determine, based on the recommendation of the Chief of Police and application of the factors set forth in § 371-3C(1), whether the license shall issue.
D. 
Approval of application. The Borough Clerk shall not issue any taxicab owner's license until the application therefor is approved by the Mayor and Council and the conditions precedent to the issuance of the license as set out in this chapter are complied with. Where a taxicab owner's license has previously been issued, the approval of the Mayor and Council shall not be required as a condition for issuance of additional vehicle licenses. Prior to placing each additional vehicle into service, the owner must amend its license application setting forth the character of the vehicle proposed to be licensed and such other facts as the Borough may require.
E. 
License fee. The annual fee for a taxicab owner's license shall be $50 for the first vehicle and $25 for each additional vehicle.
F. 
License term. All taxicab owner's licenses shall expire on December 31 following the date of issue and shall be renewed annually on or before January 1.
G. 
Posting of license. Each taxicab owner's license issued shall bear a number and shall state the name of the person to whom it is issued. It shall briefly describe the vehicle licensed and indicate the motor vehicle license number. Each license shall be signed by the Borough Clerk and shall have the Borough Seal affixed thereto. The license shall be placed in a conspicuous location in the taxicab at or near the license of the operator of the cab.
H. 
Transfer of owner's license. The taxicab owner's license may be transferred from one vehicle to another belonging to the same owner, only after an application, in writing, has been submitted and approval has been granted by the Borough Clerk and payment has been made to the Borough Clerk of a transfer fee of $15. All applications for transfer shall be made on forms to be furnished by the Borough and shall be accompanied by the transfer fee.
I. 
Inspections of vehicles. No taxicab owner's license shall be issued for any vehicle which is not currently registered and inspected by the State of New Jersey.
J. 
Liability insurance. No taxicab owner's license shall be issued for any vehicle required to be licensed until there is submitted to the Borough Attorney and approved by him as to both form and sufficiency and filed with the Borough Clerk, at the time application for a license is applied for, an insurance policy with the premium prepaid thereon issued by an insurance company duly licensed to transact business under the laws of the State of New Jersey in the sum of $250,000 against loss from liability imposed by law upon such owner for damages on account of bodily injury or death suffered by one person; and in the sum of $500,000 against loss from liability imposed by law upon such owner for damages on account of bodily injury or death suffered by more than one person as a result of an accident occurring by reason of the ownership, maintenance or use of the vehicle so licensed within the Borough; and the sum of $50,000 against loss from liability imposed by law upon such owner for property damage suffered by any person as a result of an accident occurring by reason of ownership, maintenance or use of the vehicle so licensed. The operator of each taxicab shall be covered by the insurance requirements herein referred to. All taxicab owners' licenses shall be effective and operative only as long as such insurance policy or policies remain in full force and effect.
K. 
Maintenance of records. The owner-licensee shall keep and maintain records of all trips for a period of at least six months, which records shall at all times be subject to inspection and audit by the Mayor and Council.
L. 
The location of any taxi service must comply with local zoning laws.
M. 
Additional rules and regulations. The Mayor and Council may, by resolution, make such rules and regulations in relation to the operation of taxicabs and the conduct of the operators thereof as it may determine to be necessary and proper in the best interests of the Borough. A certified copy of any such resolution shall be forwarded to all licensees within 10 days following adoption.
A. 
License required. No person shall drive any public hack, taxicab, automobile or other vehicle used for the transportation of passengers for hire unless such person shall have a license issued for such purpose pursuant to the provisions of this chapter.
B. 
Application for driver's license.
(1) 
No taxicab driver's license shall be issued to any person until such person has filed an application, in writing, setting forth his full name, his place of residence, age, proof of his physical ability to operate a taxicab and certification as to his good moral character, which shall include disclosure of convictions of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed. The application for a driver's license shall be made in duplicate to the Borough Clerk on forms provided by the municipality.
(2) 
All applicants must execute the authorization by subject of request and privacy act notification area of Form SBI-212A or SBI-212B (request for criminal history record information for a noncriminal justice purpose) for a criminal history name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. In addition, the applicant must submit a cashier's check, certified check or money order drawn on a United States bank in the amount of $15, payable to Division of State Police, SBI, for the criminal history name search. The fully executed form and the applicant's check or money order must be submitted along with the application for a taxicab driver's license.
C. 
Photograph required. Each applicant for a taxicab driver's license shall submit with his application therefor two recent photographs of himself approximately 1 1/2 inches by 1 1/2 inches in size. One of the photographs shall be permanently attached to the application, and the other photograph shall be affixed to the license so that it cannot be removed.
D. 
Age requirements. No taxicab driver's license shall be issued to any person unless he is at least 20 years of age and has had at least one year of licensed driving experience.
E. 
Fee. The fee for a taxicab driver's license shall be $20.
F. 
Issuance of license. Upon receipt by the Borough Clerk of an application for a taxicab driver's license, the duplicate thereof, the authorization by subject of request and privacy act notification and the criminal history name search fee shall be forwarded to the Chief of Police who shall determine whether or not the applicant is duly licensed by the State of New Jersey to operate a motor vehicle and qualified to operate a taxicab, that he is able to read, write and speak the English language, that he is of good moral character and that he has knowledge of the traffic regulations of the State of New Jersey and of the Borough. The Chief of Police shall also cause the applicant to be fingerprinted and a criminal history check to be completed. Upon the making of such an inquiry by the Chief of Police and the completion thereof, he shall recommend to the Mayor and Council the approval or disapproval of the application for such license. The investigation and recommendation of the Chief of Police shall be made in accordance with the guidelines set forth in § 371-3C. The Borough Clerk shall present the completed application, along with the recommendation of the Chief of Police as to whether the license shall issue, at the next regularly scheduled public meeting. If the Mayor and Council so directs, the Borough Clerk shall issue the license to the applicant.
G. 
Term of license; renewals. All taxicab drivers' licenses issued under this chapter shall be for a period of one year commencing on January 1 and expiring on December 31. Renewals for drivers' licenses shall be made on or before January 1 of each year.
H. 
Display of license. Every holder of a taxicab driver's license shall have such license, with the photograph attached, openly, clearly and conspicuously exhibited in the vehicle he is driving, which is to be placed next to the owner's license.
I. 
Receipt for fares. Every taxicab driver shall, when requested, give a passenger a receipt for the fare paid.
No driver of any licensed taxicab shall refuse or neglect to carry in his taxicab any orderly person upon request unless the driver is previously engaged.
The requirements of this chapter shall not apply to a taxicab owner or taxicab operator duly licensed by another municipality while such taxicab is being operated in the Borough solely for the purpose of delivering to a destination or destinations within the Borough a passenger or passengers picked up by the taxicab at a point or points outside of the Borough.
A. 
License required. It shall be unlawful for any person to engage in the limousine business utilizing the Borough as a principal place of business without first having obtained a license therefor as hereinafter provided.
B. 
Application for license.
(1) 
No limousine owner's license shall be issued for any vehicle required to be licensed until the owner files an application for a limousine owner's license setting forth the character of the vehicle proposed (including VIN number) to be licensed; the correct name of the owner and all majority shareholders thereof, the residence or address of the principal place of business of such owner; a statement as to whether the applicant has been convicted of a crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed and a complete schedule of the rates proposed to be charged and such other facts as the Mayor and Council may require. The application for license shall be made in duplicate to the Borough Clerk on forms provided by the municipality.
(2) 
All applicants must execute the authorization by subject of request and privacy act notification area of Form SBI-212A or SBI-212B (request for criminal history record information for a noncriminal justice purpose) for a criminal history name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. In addition, the applicant must submit a cashier's check, certified check or money order drawn on a United States bank in the amount of $15, payable to Division of State Police, SBI, for the criminal history name search. If the applicant is a corporation, then this requirement shall apply to the officers in charge of the corporation. The fully executed form and the applicant's check or money order must be submitted along with the application for a limousine owner's license.
(3) 
Where a limousine owner's license has previously been issued, the approval of the Mayor and Council shall not be required as a condition for issuance of additional vehicle licenses.
C. 
Investigation of applicant. When the aforesaid application is properly filled out and signed by the applicant, the original and duplicate thereof shall be filed with the Borough Clerk; the Clerk shall refer the duplicate, the authorization by subject of request and privacy act notification and the criminal history name search fee to the Chief of Police who shall make, or cause to be made, such investigation of the applicant's business responsibility and moral character as he deems necessary for the protection of the public good. The duplicate shall be kept on file in the Police Department upon completion of the investigation. The investigation shall include a criminal history name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. The criminal history check shall be kept confidential. For the purposes of this check, the Borough of High Bridge Police Department is hereby authorized to have access to the criminal history record information file through the State Bureau of Investigation.
(1) 
As a result of such investigation, the Chief of Police shall note on the application his recommendation and his reasons therefor and return the application to the Borough Clerk. Such recommendation shall be returned to the Borough Clerk within 10 days of the Police Department's receipt of the duplicate application.
(a) 
Any recommendation by the Chief of Police that a license should not be issued to the applicant shall be based on one or more of the following findings with respect to the applicant:
[1] 
Conviction of a crime adverse to the operation of a taxicab or limousine. In determining whether a conviction relates adversely to the operation of a taxicab or limousine, the following factors shall be considered:
[a] 
Nature of the taxicab or limousine business.
[b] 
Nature and seriousness of the crime.
[c] 
Circumstances under which the crime occurred.
[d] 
Date of the crime.
[e] 
Age of the person when the crime was committed.
[f] 
Whether the crime was an isolated or repeated incident.
[g] 
Social conditions which may have contributed to the crime.
[h] 
Any evidence of rehabilitation.
[2] 
Unethical business practices adverse to the operation of a taxicab or limousine.
[3] 
Conclusive evidence that the applicant has within four months of the application been addicted to the habitual use of drugs or intoxicating liquors.
(b) 
In the absence of such findings, the Chief of Police shall recommend that the license be granted.
(2) 
The Borough Clerk shall present the completed application to the Mayor and Council, who shall, at the next regularly scheduled public meeting after receipt of the recommendation of the Chief of Police, determine, based on the recommendation of the Chief of Police and application of the factors set forth in § 371-7C(1), whether the license shall issue.
D. 
Approval of application. The Borough Clerk shall not issue any limousine owner's license until the application therefor is approved by the Mayor and Council and the applicant has demonstrated satisfactory compliance with the provisions of N.J.S.A. 48:16-13 to 48:16-22 and with all other conditions precedent to issuance of the license set forth in this chapter.
E. 
License fee. The annual fee for a limousine owner's license shall be $50 for the first vehicle and $25 for each additional vehicle. Each such vehicle used as a limousine shall be licensed separately.
F. 
License term. All limousine owners' licenses shall expire on December 31 following the date of issue and shall be renewed annually on or before January 1.
G. 
Posting of license. Each limousine owner's license issued shall bear a number and shall state the name of the person to whom it is issued. It shall briefly describe the vehicle licensed and indicate the motor vehicle license number. It shall state the name of the company supplying insurance coverage, the policy number and the name, address and telephone number of the insurance agent. Each license shall be signed by the Borough Clerk and shall have the Borough Seal affixed thereto. The license shall be placed in a conspicuous location in the limousine.
H. 
Liability insurance. No limousine owner's license shall be issued for any vehicle required to be licensed until there is submitted to the Borough Attorney and approved by him as to both form and sufficiency and filed with the Borough Clerk, at the time of application for a license, an insurance policy with the premium prepaid thereon issued by an insurance company duly licensed to transact business under the laws of the State of New Jersey in the sum of $250,000 against loss from liability imposed by law upon such owner for damages on account of bodily injury or death suffered by one person; and in the sum of $500,000 against loss from liability imposed by law upon such owner for damages on account of bodily injury or death suffered by more than one person as a result of an accident occurring by reason of the ownership, maintenance or use of the vehicle so licensed within the Borough; and the sum of $50,000 against loss from liability imposed by law upon such owner for property damage suffered by any person as a result of an accident occurring by reason of ownership, maintenance or use of the vehicle so licensed. The driver of each limousine shall be covered by the insurance requirements herein referred to. All limousine owners' licenses shall be effective and operative only as long as such insurance policy or policies remain in force and effect.
I. 
Transfer of limousine owner's license. Limousine owners' licenses may be transferred from one vehicle to another belonging to the same owner only after an application, in writing, has been submitted and approval has been granted by the Borough Clerk and payment has been made to the Borough Clerk of a transfer fee of $15. All applications for transfers shall be made on forms to be furnished by the Borough and shall be accompanied by the transfer fee.
J. 
Inspection of vehicles. No limousine owner's license shall be issued for any vehicle which is not currently registered and inspected in the State of New Jersey.
K. 
The location of the limousine service must comply with local zoning laws.
L. 
Additional rules and regulations. The Mayor and Council may, by resolution, make such rules and regulations in relation to the operation of limousines and the conduct of operators thereof as it may determine to be necessary and proper in the best interests of the Borough. A certified copy of any such resolution shall be forwarded to all licensees within 10 days following adoption.
A. 
License required. It shall be unlawful for any person to drive a limousine unless such person shall have a license issued for such purpose pursuant to the provisions of this chapter.
B. 
Application for driver's license.
(1) 
No limousine driver's license shall be issued to any person until such person has filed an application, in writing, setting forth his full name, his place of residence, age, proof of his physical ability to operate a limousine and certification as to his good moral character, which shall include disclosure of convictions of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed. The application for a driver's license shall be made in duplicate to the Borough Clerk on forms provided by the municipality.
(2) 
All applicants must execute the authorization by subject of request and privacy act notification area of Form SBI-212A or SBI-212B (request for criminal history record information for a noncriminal justice purpose) for a criminal history name search identification check pursuant to N.J.S.A. 53:1-20.5 et seq. In addition, the applicant must submit a cashier's check, certified check or money order drawn on a United States bank in the amount of $15, payable to Division of State Police, SBI, for the criminal history name search. The fully executed form and the applicant's check or money order must be submitted along with the application for a limousine driver's license.
C. 
Photograph required. Each applicant for a limousine driver's license shall submit with his application therefor two recent photographs of himself approximately 1 1/2 inches by 1 1/2 inches in size. One of the photographs shall be permanently attached to the application, and the other photograph shall be affixed to the license so that it cannot be removed.
D. 
Age requirements. No limousine driver's license shall be issued to any person unless he is at least 20 years of age and has had at least one year of driving experience.
E. 
Fee. The fee for a limousine driver's license shall be $20.
F. 
Issuance of license. Upon receipt by the Borough Clerk of an application for a limousine driver's license, the duplicate thereof, the authorization by subject of request and privacy act notification and the criminal history name search fee shall be forwarded to the Chief of Police who shall determine whether or not the applicant is duly licensed by the State of New Jersey to operate a motor vehicle and physically qualified to operate a limousine, that he is able to read, write and speak the English language, that he is of good moral character and that he has knowledge of the traffic regulations of the State of New Jersey and of the Borough. The Chief of Police shall also cause the applicant to be fingerprinted and a criminal history check to be completed. Upon the making of such an inquiry by the Chief of Police and the completion thereof, he shall recommend to the Mayor and Council the approval or disapproval of the application for such license. The investigation and recommendation of the Chief of Police shall be made in accordance with the guidelines set forth in § 371-7C. The Borough Clerk shall present the completed application, along with the recommendation of the Chief of Police as to whether the license shall issue, at the next regularly scheduled public meeting. If the Mayor and Council so directs, the Borough Clerk shall issue the license to the applicant.
G. 
Term of license; renewals. All limousine drivers' licenses issued under this chapter shall be for a period of one year commencing on January 1 and expiring on December 31. Renewals for drivers' licenses shall be made on or before January 1 of each year.
H. 
Display of license. Every holder of a limousine driver's license shall have such license, with the photograph attached, openly, clearly and conspicuously exhibited in the vehicle he is driving, which is to be placed next to the owner's license.
I. 
Receipt for fares. Every limousine driver shall, when requested, give a passenger a receipt for the fare paid.
A. 
Any license issued in accordance with the terms of this chapter may be refused or any license issued may be revoked or a renewal thereof refused by the Mayor and Council after notice and hearing for any of the following causes:
(1) 
If the license holder or applicant for any license has been convicted of a crime in this or any other jurisdiction, of being a disorderly person in this or any other jurisdiction, of a violation of Title 39 of the Revised Statutes of New Jersey or of a violation of any provision of this chapter.
(2) 
If the license holder or applicant has any judgment unsatisfied of record against him arising out of an automobile accident.
(3) 
If the license holder or applicant has failed to or fails to render reasonably prompt, safe and adequate taxicab or limousine service.
(4) 
If the license holder or applicant has failed to comply with all laws of the State of New Jersey or ordinances of the Borough or rules and regulations regarding the ownership and operation of taxicabs or limousines.
B. 
Any contemplated hearing shall be held within 15 days following an order of suspension upon notice, which notice shall set forth the reasons for the proposed revocation or suspension.
Any person or persons, firms, corporations or other organizations found to be in violation of this chapter shall, upon conviction thereof in Municipal Court, be punished by a fine not exceeding $1,000 or by imprisonment in the county jail for a term not exceeding 90 days or by a period of community service not exceeding 90 days, or any combination thereof. Each violation of the requirements of this chapter and each and every day the same is violated shall be deemed to be a separate and distinct offense. In addition, every license granted pursuant to this chapter may be revoked by the Borough Clerk upon evidence of failure to comply with any provision of this chapter or N.J.S.A. 48:16-13 et seq.