[HISTORY: Adopted by the Township Committee of the Township
of Riverside 9-19-2011 by Ord. No. 2011-07. Amendments noted
where applicable.]
As used in this chapter, unless the context otherwise indicates,
the following words and terms shall have the meanings given herein.
The driving of an empty taxicab to and fro along a public
street at a slow rate of speed for the obvious purpose of soliciting
passengers.
Includes an individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers.
A section of a public street or public place set apart for
the exclusive use of a limited number of taxicabs when the section
is distinctly marked as a taxicab stand by a metal sign attached to
a stanchion on the curb or other conspicuous place, or by clearly
visible marks upon the surface of the street or public place.
Includes any street, road, avenue, park, parkway, highway
or other public place.
Includes any automobile or motorcar commonly called "taxi,"
"auto cab," "omnibus," or by whatever name or designation it may now
or hereafter be known or designated, engaging 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
or highways of the Township, and particularly accepts and discharges
any person for transportation from points or places within the Township;
or which is hired by charter or for a particular contract or by the
day or hour or other fixed period or to transport passengers to a
specified place or places; or which charges a fare or price agreed
upon in advance between the operator and the passenger. Nothing contained
in this section shall be construed to include any motor vehicle by
whatever name or designation used and employed solely in transporting
schoolchildren or teachers, or autobuses which are subject to the
jurisdiction of the board of public utility commissioners.
No taxicab business shall operate upon, over or along the streets
or other highways of the Township of Riverside, nor shall any taxicab
stand upon any public street or other public place or on private premises
with the limits of the Township of Riverside waiting for employment
without first conforming to all the provisions hereof and complying
with the laws of the State of New Jersey relating to taxicabs. Said
license shall be issued from the Office of the Township Clerk, which
shall be issued to expire December 31 next succeeding the date of
issuance unless sooner suspended or revoked.
A.
Every application
for a taxicab business license shall be made in writing to the Township
Committee and shall set forth the following.
(1)
The full name and social security number of the applicant; whether
or not he or she is a citizen of the United States, the street and
post office address of the applicant's residence, the date and place
of the applicant's birth; the places of the applicant's previous employment;
whether the applicant has ever been charged with, arrested or convicted
of a crime or other violation of law and, if so, what crime or offense;
whether the applicant has been previously licensed to operate a taxicab
and, if so, where; whether that license or any taxicab driver's license
or motor vehicle operator's license issued to the applicant has ever
been revoked and, if so, for what cause.
(2)
If a copartnership, the firm name, main office, branch offices, names,
social security numbers and street and post office addresses of partners;
the date and place of birth of each partner; place of previous employment
of each partner; whether the partner has ever been charged with, arrested
or convicted of a crime or other violation of law and, if so, what
crime or offense; whether the partner has been previously licensed
to operate a taxicab and, if so, where; whether that license or any
taxicab driver's license or motor vehicle operator's license issued
to the applicant has ever been revoked and, if so, for what cause.
(3)
If a corporation, the name of the corporation, main office, branch
office; in what state incorporated, names, social security numbers
and street and post office addresses of officers and directors of
the corporation; the date and place of birth of each officer and director;
place of previous employment of each; whether any officer or director
has ever been charged with, arrested or convicted of a crime or other
violation of law and, if so, what crime or offense; whether previously
licensed to operate a taxicab and, if so, where; whether that license
or any taxicab driver's license or motor vehicle operator's license
issued to the applicant has ever been revoked and, if so, for what
cause.
B.
In addition to the foregoing, every application shall contain a statement
as to whether the applicant is the owner, lessee or bailee of the
taxicab sought to be licensed; the state license number of the vehicle;
the year, make, model and manufacturer's identification number of
the vehicle; the type of vehicle for which the license is desired;
and the number of persons the vehicle is capable of carrying.
C.
All applications shall be duly verified by the affidavit of the individual,
a partner of the copartnership, or an officer seeking the license
and shall be accompanied by affidavits of the good moral character
of the applicant if an individual, and of each partner if a copartnership,
and of each officer and director of a corporation, from two reputable
citizens of the County of Burlington who have known the applicant
or applicants personally for at least one year preceding the date
of application.
D.
All applicants shall also furnish satisfactory evidence that he or
she has received a driver's license from the Division of Motor Vehicle
of the State of New Jersey. Each applicant shall file with his or
her application three photographs, approximately 1 1/2 inches
by 1 1/2 inches, clearly depicting the facial features of the
applicant, each of which photographs shall thereupon become property
of the Township and be retained with the application form unless the
application shall be granted and the license issued, in which event,
one of such photographs shall be permanently affixed to the license
card issued to said taxicab driver, one shall be retained by the Township
Clerk and one shall be delivered to the Police Department. Each of
said photographs shall be signed on the back thereof by the applicant
and shall bear the date upon which they were taken which shall not
be more than 30 days prior to the date of application.
A.
No license shall be granted to operate a taxicab to any person or
to any partnership or corporation who is not, or the members or officers
of which are not, persons of good moral character or who has or if
any of the members of the partnership or officers of such corporation
have been convicted of any crime involving moral turpitude or who
has been convicted of driving while under the influence of alcoholic
beverages or a controlled dangerous substance within 10 years next
preceding the date of the application for the license or who has a
motor vehicle driving record which the Director of Public Safety or
the Chief of Police determines to be unsafe, unless the Director of
Public Safety or the Chief of Police, for good cause shown and established
at a hearing held for that purpose, shall waive the disqualifications.
B.
The Township Clerk shall have the power to issue or refuse to issue a license, in pursuance to the terms of this section. Any license heretofore or hereafter issued may be transferred from one vehicle to another upon the payment of a transfer fee as provided in Chapter 202, Fees, of the Code of the Township of Riverside and approval of the Township Committee.
A.
No taxicab shall be licensed until it has been thoroughly and carefully
inspected and examined by the Director of Public Safety or the Director
of Public Safety's designee and found to be in thoroughly safe condition
for the transportation of passengers. Any fees or costs incurred for
said inspections are to be paid by the applicant or licensee. The
licensed taxicabs shall be clean, fit, and of good appearance. No
impediment to the clear visibility into the interior of the vehicle
shall be permitted on any licensed vehicle. The Township Clerk shall
refuse a license to any applicant or, if already issued, revoke or
suspend the license of any vehicle found to be unsafe for the transportation
of passengers. The Director of Public Safety is hereby authorized
to empower to establish such additional rules and regulations for
the inspection of taxicabs and their appurtenances and condition of
fitness for the safe and adequate transportation of passengers as
the Director of Public Safety, shall be filed with the Township Clerk
and shall become part of the application filed for licensing.
B.
No taxicab license shall be issued until the applicant therefor shall have filed with the Township Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of the state. Minimum insurance limits shall be in accordance with the requirements of § 407-5 of Chapter 407, Towing, of the Code of the Township of Riverside.
C.
The issuance of any license for the operation of any taxicab upon,
over or along the streets or other highways of and in the Township
of Riverside shall be expressly conditioned upon the applicant's agreement
and representation to make the services available within the Township
of Riverside on each and every day of the week, including Sunday,
and to at all times stand ready to serve the public in accordance
with this and every other provision of this section. The representation
and agreement shall be set forth in a signed statement as part of
each license application form.
If, upon inspection, a taxicab is found to be in a safe condition for the transportation of passengers and in accordance with the provisions of this section and the rules and regulations established hereunder and upon payment of the license fees set forth in Chapter 202, Fees, of the Code of the Township of Riverside, the taxicab may be licensed by delivering to the applicant a card of such size and form as may be prescribed by the Township Clerk. The card, which shall be prominently displayed in a manner so that it is clearly visible to all passengers, shall contain the name of the applicant; the official license number of the taxicab, the name of the owner, the state license number thereof; the year, make, model, and manufacturer's identification number of the taxicab; together with the date of the inspection of the taxicab, and notice that, in case of any complaint, the Director of Public Safety shall be notified, the license number if the taxicab being given. The card shall have attached thereto the signature of the Director of Public Safety and shall contain blank spaces upon which an entry shall be made of the date of every inspection of the vehicle by the person making the inspection.
The Township Clerk shall keep a register of the name of each
person owning or operating a vehicle or vehicles licensed under this
section, together with the license number and the description, year,
make, model and dimensions of each vehicle with the date and complete
records of inspection. All applications for licenses shall be filed
by the Township Clerk and carefully preserved for reference. All licenses
issued shall be recorded in books provided for that purpose, which
shall be open to the inspection of the pubic at all reasonable times
and shall be deemed the official records of the Township of Riverside.
The Director of Public Safety, or his or her designee, shall
maintain a regular inspection program over all taxicabs to see that
they are kept in a condition of safety for the transportation of passengers,
and to this end shall have the right at any and all times to inspect
any and all licensed vehicles and shall maintain a record, in writing,
of the report of all inspections.
In order to ensure the safety of the public, it shall be unlawful
for the owner, lessee or bailee of any taxicab to operate or cause
or permit the taxicab to be operated, nor shall any licensee be issued
hereunder until and unless the applicant shall have complied with
all laws relating to the filing of an insurance policy covering the
owner or operator of the vehicle for damages to persons for which
the owner or operator may become liable by reason of the ownership,
maintenance or use of the vehicles. All insurance policies shall be
issued to expire December 31 next succeeding the date of issuance.
Licenses granted under this section may be revoked or suspended
at any time after notices and hearing by the Township Administrator
if the vehicle shall not be maintained in a safe condition for the
transportation of passengers or not kept in conformity with the terms
of this section or if used or its use is permitted for any improper,
immoral or illegal business or purpose or for the violation of any
statute or law of the State of New Jersey or of the United States
or for the violation of any ordinance of the Township of Riverside
or any of the rules and regulations made by the Director of Public
Safety. The Director of Public Safety may temporarily suspend a business
license for violation of this section for a period of not more than
15 days, pending the hearing before the Township Administrator.
No person shall drive a taxicab until that person shall have
made application upon a form provided by the Township Clerk for a
taxicab driver's license and shall have procured a license from the
Township Clerk. Every person applying for a license to drive a taxicab
must furnish satisfactory evidence that such person has received a
driver's license issued by the State of New Jersey and is required
to have a police record search at his/her expense.
A.
Each applicant
for a taxicab driver's license, under the terms of this section, must
conform to the following regulations:
(1)
Have had a valid driver's license for at least the previous 18 months,
during which time the applicant has not had any moving violations;
have a currently valid New Jersey driver's license, and shall not
have been convicted of any crime within 10 years next preceding the
date of the application for the license, and shall not have a motor
vehicle driving record which the Director of Public Safety, or his
or her designee, determines to be unsafe, unless the Director of Public
Safety, or his or her designee, for good reason shown or established
at a hearing held for that purpose, shall waive the disqualification.
(2)
Present the certificate of a reputable physician showing that the
applicant has been examined within 60 days and that the applicant
is of sound physique, with good eyesight, and not subject to any infirmity
of the body or mind which might render the applicant unfit for the
safe operation of a taxicab. The Township Clerk may, at any time after
a taxicab license has been issued, require the holder of the license
to submit to a physical examination in the manner herein set forth
and to present a certificate of a physician showing the nonexistence
of the conditions above mentioned. No renewal of a license shall be
issued where the physical and eye examination certificate is more
that four years old.
(3)
Be able to read and write the English language.
(4)
Be clean in dress and person, and not under the influence of narcotics
or intoxicated.
(5)
State the name of the licensed owner by whom the applicant will be
employed.
(6)
Produce on forms provided by the Township Clerk the names and residence
addresses of at least two reputable citizens of the County of Burlington
who have personally known the applicant for at least one year preceding
the date of application.
(7)
Fill out, in the applicant's own handwriting, upon a form to be provided
by the Township Clerk, a statement giving the applicant's full name,
residence, places of residence for the proceeding five years; all
identifying information required in order to obtain a police record
search; date and place birth, places of previous employment; whether
the applicant has ever been charged with or arrested or convicted
of a crime or other violation of law or of a violation of this section
and, if so, what; whether previously licensed as a driver or chauffeur
and, if so, whether the license has ever been revoked and for what
cause, which statement shall be signed and sworn to by the applicant
and filed with the application as a permanent record.
B.
Each applicant for a taxicab driver's license must file with the
application three unmounted, unretouched photographs of the applicant
showing a full facial view, taken within the 30 days preceding the
filing of the application. Photographs are to be of a size of no less
than 1 1/2 inches by 1 1/2 inches, one of which shall be
attached to the license when issued, and another shall be filed with
the application. The photograph shall be attached to the license so
that it cannot be removed and another photograph substituted without
detection. Each licensed driver shall, upon demand, exhibit such driver's
license and photograph for inspection. Each applicant shall also furnish
a complete set of fingerprints which shall be attached to the application,
the fingerprints to be taken by such persons as the Director of Public
Safety may direct.
Upon satisfactory fulfillment of the foregoing requirements, there shall be issued to the applicant a license to drive for the licensed owner named in the application. No licensed driver shall operate a taxicab owned by a person other than the person named in the application and license unless the driver shall have first obtained a transfer of the license from the Township Clerk. The fee for any transfer of the license shall be as provided in Chapter 202, Fees, of the Code of the Township of Riverside, and no individual shall receive more than three transfers in any single calendar year. The license shall contain the photograph and signature of the licensee. Any person who defaces, removes or obliterates any official entry made upon a license shall be subject to the penalty set forth in Chapter 1, Article II, General Penalty, of the Code of the Township of Riverside, together with the revocation of such license. Driver's licenses shall be issued as of January 1 in each and every year and shall be valid to and including December 31 next succeeding, unless previously revoked.
There shall be delivered annually to each licensed driver an identification badge, in such form and style as the Township Clerk may prescribe, with the license number and the word "operator" clearly appearing thereon, which must be constantly and conspicuously displayed on the right breast of the driver's outer garment when the driver is working. No vehicle shall be operated except by duly licensed person wearing the identification badge conspicuously displayed. A fee as provided in Chapter 202, Fees, of the Code of the Township of Riverside shall be paid by every licensed driver to the Township for the identification badge.
Taxicab driver's licenses may be renewed from year to year by
the Township Clerk. A driver, in applying for a renewal of the license,
shall make application upon a form to be furnished by the Township
Clerk, which shall be filled out with the full name and address of
the applicant, together with a statement of the date upon which the
original license was granted and the number thereof. Applications
shall be filed not less than 30 days next preceding the expiration
date of the existing license, which requirement can be waived or the
period extended, for good cause, by the Township.
The license fee for the taxicab driver's license, or for each renewal thereof, shall be as provided in Chapter 202, Fees, of the Code of the Township of Riverside. The fee hereby affixed is imposed for regulation.
The Township Clerk is hereby authorized to issue temporary permits
for the operators of taxicabs. Temporary permits, when issued, shall
be upon such terms and conditions as the Township Clerk shall provide,
but temporary permits shall, in no event, be granted for a longer
period than 30 days and may be renewable for one additional period
of 30 days. The fees for the issuance of annual licenses shall be
applicable to temporary permits, without adjustment.
Any change of address of any owner or driver licensed under the provisions of this section must be reported, in writing, to the Township Clerk's Office within 72 hours of the change. The loss of the license, badge or any other book or document required to be kept by any licensed owner or driver must be reported to the Township Clerk's Office, in writing, within 72 hours of the loss. In the event any licensed driver terminating employment as a taxicab driver, the license, badge or any or any other paper or documents furnished by the Township shall be returned to the Township Clerk's Office within 72 hours of the termination. A lost license may be replaced by the Township Clerk upon the filing of a sworn statement setting forth the manner in which the license has been lost and the payment of a fee as provided in Chapter 202, Fees, of the Code of the Township of Riverside.
A.
The Township Administrator, after notice and hearing, may suspend
or revoke the license of any taxicab driver who shall violate any
state or federal statute or any ordinance of the Township of Riverside
or any of the rules and regulations made by the Director of Public
Safety or whenever the Township Administrator shall determine that
the promotion of the public life, health, morals or safety will be
advanced by the suspension or revocation. Any suspension shall be
noted on the license application record, together with a statement
of the reason therefor. The Township Clerk shall notify the Director
of Public Safety whenever a license is suspended or revoked.
B.
Nothing herein contained shall limit the power of the Director of
Public Safety or any officer authorized by the Director, in writing,
to immediately suspend a license for probable cause for a period not
to exceed five days, pending the giving of a notice and holding a
hearing, whenever, in the opinion and discretion of the Director of
Public Safety or the authorized officer, the action is in the public
interest; provided, however, that in the event of a temporary suspension,
where the notice and hearing of alleged violations or charges are
not given and held prior to the expiration of the five-day period,
the proposed charges and violations shall be deemed dismissed.
C.
These suspension and revocation provisions are in addition to any
other penalties for violation of this section.
The Township Administrator is hereby authorized to designate
places, if any, within the Township of Riverside as public taxicab
stands.
The Township Administrator shall make the rules and regulations,
not inconsistent with any other provisions of this Chapter, prescribing
the manner is which taxicabs shall stand at designated public stands
as he or she shall determine are necessary and proper.
Any individual, copartnership or corporation duly licensed under
this section to operate one or more taxicabs in the Township of Riverside
shall use taxicab meters as a basis for the maximum charge of carrying
passengers from one point to another within the Township of Riverside.
The rate schedule shall be set annually by resolution.
A.
A copy of the foregoing maximum rates of fare shall be furnished
by the Township Clerk to each taxicab and shall at all times be posted
in a conspicuous place inside the taxicab. The owner shall provide
each taxicab with a printed receipt pad to be approved by the Township
Clerk. Each driver shall keep on hand a supply thereof and shall,
when requested, give a passenger a receipt on the official form for
the fare period.
B.
There shall also be posted in a conspicuous place on the inside of
the taxicab the name and address of the owner and the name and address
and photograph of the driver, together with the license number of
the taxicab and the number of the taxicab driver's license, the same
to be provided by the owner in a manner to be approved by the Township
Clerk.
No person shall charge or attempt to charge any passenger a
greater rate of fare than that to which the operator is entitled under
the provisions of this section.
All disputes as to the local rate of fare shall, upon receipt
of the driver or passenger, be determined by the senior Police Officer
on duty. Failure to comply with his or her determination shall subject
the offender to a charge of disorderly conduct.
A.
No driver of a taxicab shall induce any person to employ the driver
by knowingly misinforming or misleading the person either as to the
time or place of the arrival or departure of any bus, airplane, train
or boat or as to the location of any place within the Township or
as to the distance between any two points, nor shall any driver deceive
any person or make any false representation or convey any passenger
to any other place or any other route than that to which the passenger
may have instructed the driver to go. Unless otherwise ordered, passengers
shall be conveyed only over the most practical direct route to their
destination.
B.
No taxicab, while waiting for employment by passengers, shall stand
on any public street, nor shall any driver of a taxicab seek employment
by repeatedly and persistently driving the taxicab to and from in
a short space before, or by otherwise interfering with, the proper
and orderly access to or egress from any place of public gathering,
and no driver shall solicit passengers for a taxicab except when sitting
upon the driver's seat thereof, nor shall any driver of a taxicab
solicit employment in the transportation of passengers by driving
in or through any public street or public place at a slow rate of
speed, commonly designated as "cruising."
C.
Every driver of a taxicab, immediately after the termination of any
hiring or employment, must carefully search the taxicab for any property
lost or left therein, and any property, unless sooner claimed or delivered
to the owner, must be reported, in writing, by the driver or owner
of the taxicab to the senior Police Officer on duty, with a brief
particulars and a description of the property, within 24 hours after
finding thereof.
Each and every licensed owner shall record in a book kept solely
for that purpose the time of departure from the garage or stand of
every licensed vehicle giving the name, address and license number
of the driver, the license number of the vehicle and the time of the
return to the garage or stand of the vehicle, which book and every
other record of the acceptance and discharge of passengers maintained
by any licensed owner or driver shall be kept open for inspection
at all times to a duly authorized representative of the Director of
Public Safety.
No vehicle covered by the terms of this section shall imitate
any color scheme, name monogram or insignia used by any other person,
firm or corporation operating a taxicab or taxicabs in a manner as
to be misleading or to tend to deceive or defraud the public, and
provided, further, that if after a scheme, name, monogram or insignia
thereof is changed so as to be in conflict with or which, in the opinion
of the Director of Public Safety, imitates any other color scheme,
name, monogram or insignia used by any other person, firm or corporation
operating a taxicab or taxicabs in a manner as to be misleading or
tending to deceive or defraud the public, the license of the taxicab
or taxicabs shall be suspended or revoked.
Any honorably discharged United States service member may make
application, in writing and with the furnishing of satisfactory proof
of said service and discharge, to the Township Committee of the Township
of Riverside to receive a taxicab driver's license without the payment
of any fee.
