[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.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who drives a taxicab within the Borough.
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.
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.
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.
No person shall operate a taxicab within the Borough unless
both the taxicab and its driver are licensed pursuant to this chapter.
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.
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.
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.
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.
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.
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.
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.
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.
[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.
[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.
[Amended 12-18-1975 by Ord. No. 75-18; 8-18-1988 by Ord. No. 88-4]
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.
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.
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.
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.
