Borough of Wallington, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Wallington 5-13-1970 as Ch. VI of the 1970 Revised General Ordinances (Ch. 291 of the 1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 307.

§ 336-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
DRIVER
Any person who drives a taxicab within the Borough.
OPERATION OF A TAXICAB
Consists of transporting in such taxicab one or more persons for hire. Accepting a passenger to be transported for hire from a point of departure within the Borough to a destination within or without the Borough shall be deemed to be "operation of a taxicab" within the Borough. The operation of a taxicab in any of the above-described manners 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 a sign therein or thereon using the words "taxi," "taxicab," "cab" or "hack" shall be prima facie evidence of operation.
OWNER
Any person in whose name title to any taxicab is registered with the New Jersey Division of Motor Vehicles or who appears in such records to be the conditional vendee or lessee thereof.
TAXICAB
Includes any automobile or motor car, 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 to run over any of the streets within the Borough and which accepts passengers for transportation from points or places to points or places within or without the Borough.

§ 336-2 Licenses required.

No person shall operate a taxicab within the Borough unless both the taxicab and its driver are licensed pursuant to this chapter.

§ 336-3 Classes of licenses.

A. 
Taxicab driver's license. A taxicab driver's license shall entitle the person named therein to operate any duly licensed taxicab within the Borough.
B. 
Taxicab owner's license. A taxicab owner's license shall entitle the taxicab described therein to be operated in the Borough by a duly licensed driver.

§ 336-4 Number of outstanding licenses.

A. 
Taxicab driver's license. The number of taxicab drivers' licenses to be issued and outstanding in any one year shall be unlimited.
B. 
Taxicab owner's license. The number of taxicab owners' licenses to be issued and outstanding in any one year shall not exceed 10. Each owner receiving a taxicab owner's license shall operate the licensed taxicab continuously throughout the year for which the license is granted.

§ 336-5 Requirements of licensees.

A. 
Taxicab driver's license. Each person obtaining a taxicab driver's license shall be at least 21 years of age, a citizen of the United States and resident of the State of New Jersey.
B. 
Taxicab owner's license. Each applicant for a taxicab owner's license shall be at least 21 years of age, a citizen of the United States and a resident of the State of New Jersey and continue as such during the term of the license. However, if the applicant is a corporation, it must be organized and existing under the laws of the State of New Jersey and shall maintain an office in the County of Bergen, State of New Jersey. If the applicant for a taxicab owner's license is a partnership, each partner thereof must be eligible for a license as an individual.
C. 
Residency and character requirements.
(1) 
No taxicab owner's license or taxicab driver's license shall be issued to any person who has not been a resident of Bergen County, New Jersey, for at least 90 days prior to the date of making application.
(2) 
No taxicab owner's license or taxicab driver's license shall be issued to an individual who has been convicted of a crime involving moral turpitude or, in the case of a partnership, to any partner if one or more of the partners has been convicted of a crime involving moral turpitude or to a corporation unless all of its officers, directors and stockholders are citizens of the United States, residents of the State of New Jersey and none of whom have been convicted of a crime involving moral turpitude.

§ 336-6 Application for licenses.

A. 
Taxicab owner's license.
(1) 
An application for a taxicab owner's license shall be made to the Council and shall set forth the name and address of the owner, lessee or bailee of the taxicab to be licensed, the make and character of the taxicab, the length of time it has been in use, the number of persons the vehicle is suitable for carrying, the motor number and serial number of the vehicle, the approximate mileage the vehicle has traveled, the present value of the vehicle and the place where it may be inspected by the Council or its duly authorized representative. The application shall also list any encumbrance or lien on the vehicle. The application shall also set forth a schedule of fees to be charged to the public for the hire of the vehicle.
(2) 
An application for a taxicab owner's license shall, in addition to all the other requirements of this subsection, contain a statement as to the hours when the taxicab will be in operation for public use, and the failure of any licensee to provide taxi service to the general public during the hours named in the application shall be sufficient cause, in itself, for revocation of any license granted under this chapter.
B. 
Taxicab driver's license.
(1) 
An applicant for a taxicab driver's license shall file with his application two recent photographs of himself of a size which may be easily attached to his license, one of which shall be attached to the license when issued and the other filed with the application in the Clerk's office. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without detection. Each licensed driver shall at all times have his license and photograph openly and conspicuously exhibited in the cab.
(2) 
An applicant for a taxicab driver's license shall, at the time of filing his application, be fingerprinted by the Police Department, which fingerprint impressions may be used by the Borough for securing from any agency any report it may deem necessary with respect to the application. Fingerprint impressions and any reports received with respect thereto shall be affixed to the application before consideration by the Council.

§ 336-7 Insurance requirements.

No taxicab owner's license shall be issued for a vehicle until it has been inspected and approved, in writing, by the Chief of Police, until the required license fee is paid to the Clerk and until there has been filed with the Clerk a policy of insurance, with the premium prepaid, from an insurance company licensed to transact business in accordance with the laws of the State of New Jersey in the sum of $100,000 against loss from liability imposed by law upon the owner for damages on account of bodily injury or death suffered by one person, in the sum of $300,000 against loss from liability imposed by law upon the 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 $20,000 against loss from liability imposed by law upon the owner for property damages suffered by any person as a result of an accident occurring by reason of ownership, maintenance or use of the licensed vehicle. The license shall be effective and operative only so long as the insurance policy remains in full force and effect and the full amounts payable thereunder remain collectible. Such insurance policy shall provide for the payment of any final judgment received by a person on account of the ownership, maintenance and use of the vehicle or any fault in respect thereto and shall be for the benefit of any person suffering loss, damage or injury as aforesaid and shall recite on its face that it is issued in pursuance of this chapter. It shall provide further that a power of attorney shall be executed and delivered to the Borough Treasurer concurrently with the filing of the policy of insurance, in which power of attorney the owner shall nominate, constitute and appoint the Treasurer as his true and lawful attorney for the purpose of acknowledging service of any process of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance.

§ 336-8 Investigation of application.

The Chief of Police shall make an investigation of any application when directed to do so by the Council and shall submit a report evidencing his findings to the Council for its approval or disapproval of the license.

§ 336-9 Issuance of license; contents.

A. 
The license shall be signed by the Clerk and have the Borough Seal affixed thereto. The Clerk shall not issue a license until the application has been approved by the Council and the conditions complied with as to the payment of license fees and, in the case of a taxicab owner's license, the filing of the insurance policy, together with the power of attorney.
B. 
The taxicab owner's license shall bear a number and state the name of the person licensed. It shall briefly describe the licensed vehicle and contain the motor vehicle license number as well as the manufacturer's number.

§ 336-10 Register of licenses and applications.

The Clerk shall keep a register of all licenses granted under the provisions of this chapter, which register shall show the character of the license, its number, the date of issuance, the name of the person licensed and any other information pertaining thereto. He shall keep all applications, and upon those which may be granted he shall record the number of the license issued.

§ 336-11 License fees.

[Amended 12-18-1975 by Ord. No. 75-18; 8-18-1988 by Ord. No. 88-4]
A. 
Taxicab owner's license. An application for a taxicab owner's license shall be accompanied by a fee of $100 for each taxicab or vehicle to be licensed. When an application for a taxicab owner's license is made after January 1 in any year, the fee shall be 1/2 this amount.
B. 
Taxicab driver's license. The fee for a taxicab driver's license shall be $25 per year.

§ 336-12 Term of license.

[Amended 12-18-1975 by Ord. No. 75-18; 8-18-1988 by Ord. No. 88-4]
All licenses shall expire on July 1 succeeding the date of issuance.

§ 336-13 Transferability.

[Amended 12-18-1975 by Ord. No. 75-18; 8-18-1988 by Ord. No. 88-4]
A. 
A taxicab owner's license may be transferred to another vehicle owner upon the new owner being qualified in all respects as if an original owner, upon the payment of a transfer fee of $25 to the Clerk and upon the approval of the Council.
B. 
A taxicab driver's license shall not be transferable.

§ 336-14 Rates of fare; display; taximeters; disputes; receipts.

A. 
Rates restricted. The charge for carrying passengers shall not exceed the rates set out in the application for the taxicab owner's license.
B. 
Display of rates. A licensed vehicle shall have fastened in a conspicuous place therein a printed card showing the rates provided for in the approved application, in letters and figures of not less than 1/2 inch in height, which card shall bear the license number of the vehicle and the name of the owner. Any fares charged in excess thereof shall constitute a violation of this chapter by the owner or operator, or both.
C. 
Taximeters.
(1) 
Unless there is one uniform flat rate charged from any point within the Borough for the transportation of passengers, every taxicab operating in the Borough shall have installed therein a taximeter of standard make or the equivalent thereof by which the fare or charge for hire of the taxicab is mechanically and accurately calculated and registered and on which the charge is plainly seen by passengers.
(2) 
No person shall use or permit to be used on any taxicab a taximeter which shall be in such condition as to be over 5% incorrect to the prejudice of any passenger.
(3) 
After sundown, the face of every taximeter shall be illuminated by a suitable light so arranged as to throw a continuous steady light thereon while in operation and carrying a passenger so that the meter will be clearly discernible and can be read by a passenger in the rear seat.
(4) 
The taximeter shall be sealed and a colored paster, different in color at each inspection, shall be placed on the taximeter after inspection.
(5) 
No person shall use or permit to be used or drive for hire a taxicab equipped with a taximeter the case of which is unsealed or the seal broken.
D. 
Disputes. Any dispute as to the fare shall be determined by the officer in charge of the police station at the time of the dispute.
E. 
Receipts. The driver of a taxicab shall, when requested, give a passenger a receipt for the fare paid.

§ 336-15 Regulations.

A. 
In general. The Council shall make reasonable regulations respecting the use of licensed vehicles, public hack stands, the number of licensed vehicles which may stand in any one place at the same time and inspection of licensed drivers and such other regulations which may promote public convenience and safety.
B. 
Taxicab lettering. A licensed taxicab shall have painted on both sides thereof the word "taxi" or "cab" in letters at least three inches high or the name of the operating owner containing the word "taxi," "cab" or "taxicab."
C. 
Type of vehicle; condition. All vehicles required to be licensed, used or operated for the carrying of passengers shall be automobile sedans with a minimum of three doors, at least two of which shall be for the exclusive use of the passengers. Automobiles shall at all times be clean and in good order.
D. 
Possession of license. A holder of a taxicab driver's license when driving or operating any licensed vehicle shall have in his possession the license issued to him.
E. 
Driver's seat. No person other than the licensed driver of a taxicab shall ride or sit in the compartment of the taxicab reserved for the driver.
F. 
Soliciting customers; standing.
(1) 
No driver or other person interested in or connected with any licensed vehicle shall solicit customers in a noisy or offensive manner or at any place other than public hack stands in any manner whatsoever.
(2) 
No driver of a licensed vehicle which is disengaged shall refuse to carry any orderly person upon payment of the required fare.
(3) 
No driver of a licensed vehicle shall permit such vehicle, when disengaged, to stand in any public street or place other than at a public hack stand, provided that nothing herein shall prevent the driver from waiting for a passenger in front of any building or place.

§ 336-16 Public hack stands.

A. 
Public hack stands shall be established at such places as may be designated by the Council from time to time. The Council may also designate the character of vehicles which may stand at public hack stands and may exclude all other vehicles from such stands. The location and capacity of public hack stands shall be indicated by a sign substantially as follows: PUBLIC HACK STAND, CAPACITY _____.
B. 
No vehicle other than one licensed hereunder and prepared to accept passengers upon request shall stand at a public hack stand.

§ 336-17 Suspension or revocation of licenses.

A. 
The Council may suspend or revoke a license for the violation of any of the provisions of this chapter or any of the rules and regulations made, adopted or promulgated by the Council, which rules shall be adopted in accordance with the provisions of this chapter.
B. 
Any suspension shall be noted on the license, together with a statement of the reasons therefor. The driver shall be deprived of his badge by the Chief of Police and the badge shall not be returned until the expiration of the period for which the license was suspended.
C. 
A second suspension for the same reason or, in any case, a third suspension of a taxicab driver's license shall revoke the license.

§ 336-18 Violations and penalties.

[Added 12-20-1993 by Ord. No. 93-19[1]]
Except as may be provided by N.J.S.A. 48:16-1 et seq., any violation of this chapter shall, upon conviction, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).