[HISTORY: Adopted by the Mayor and Council of the Borough
of Lindenwold 11-17-1969; amended
in its entirety 2-8-2012 by Ord. No. 1308 (Ch. 188 of the 1981
Code). Subsequent amendments noted where applicable.]
The following words and phrases and their derivatives, when
used in this chapter, shall have the meanings hereinafter indicated:
The Borough of Lindenwold.
The practice of driving about the streets of the Borough
with a taxicab for the purpose of soliciting passengers or presenting
the purpose of the taxicab to the attention of prospective passengers.
A taxicab driving along the streets of the Borough for any purpose
other than while transporting a passenger or going to a definite destination
by the most direct route in response to a call for a taxicab by a
prospective passenger or returning by the most direct route to the
taxicab's home by the most direct route shall be prima facie evidence
of "cruising."
Any person who drives a taxicab within the limits of the
Borough.
Licensed in accordance with the appropriate section of this
chapter.
Transporting in such vehicle one or more persons for hire
along any of the streets or public highways of the Borough of Lindenwold.
Accepting passengers to be transported for hire from points or places
to other points or places within or without the Borough of Lindenwold
shall be deemed to be operation by the owner thereof as well as by
the person actually driving the vehicle. The "operation of a taxicab"
is as defined below without regard to whether the vehicle bears omnibus
or livery registration tags; both are included if the vehicle is performing
the above-described acts. The transportation of any person other than
the owner or driver in any motor vehicle bearing a sign thereon or
thereupon using any of the words "taxi," "taxicab," "cab" or "limousine
service" shall be prima facie evidence of such operation.
Any person, corporation or association in whose name title
to any taxicab is registered with the Department of Motor Vehicles
of the State of New Jersey or who appears in such records to be the
conditional vendee or lessee thereof.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers, and
includes the plural as well as the singular.
Includes any street, avenue, park, parkway, highway or other
public place.
Includes any automobile or motorcar engaged in the business
of carrying passengers for hire which is held out, announced or advertised
to operate or run or which is operated or run over any of the streets
or public highways within the Borough of Lindenwold and which accepts
passengers for transportation from points or places to points or places
within or without the Borough of Lindenwold. "Taxicab" shall include
all such vehicles whether they bear "omnibus" or "livery" registration
tags issued by the Motor Vehicle Department.
A.Â
From and after the effective date of this chapter, no person shall
operate any taxicab within the limits of the Borough unless both the
taxicab and the driver thereof are licensed pursuant to this chapter
and conform to all the provisions hereof and to the provisions of
all applicable statutes.
[Amended 3-11-2020 by Ord. No. 2020-3]
B.Â
The governing body, as mandated by the State of New Jersey, is required
to set the number of taxicab licenses it desires to issue in any particular
year. The governing body has decided to make such limitation by issuing
taxicab licenses to existing taxicab owners currently on file in the
Borough of Lindenwold. In the event that these licenses have not been
renewed during the current license year, the Borough of Lindenwold
may accept applications from qualified candidates.
[Amended 11-6-2013 by Ord. No. 1350; 3-11-2020 by Ord. No. 2020-3]
C.Â
If the Borough decides to issue one or more new or additional taxicab
licenses, the Mayor and Council will authorize the new or additional
licenses based on qualified applicant, filed application, and payment
of applicable fees. New applicants will be permitted to register one
taxicab. If additional vehicles are desired, applicant must submit
a written request to Mayor and Council for approval.
[Amended 3-11-2020 by Ord. No. 2020-3]
D.Â
Whenever the Borough determines by ordinance to issue one or more taxi licenses, the governing body may authorize that such license or licenses be issued to the highest qualified bidder therefor at a sale by public auction for that purpose conducted or supervised by the Municipal Clerk. The ordinance may prescribe qualifications for prospective bidders; provided, however, that such qualifications shall not be inconsistent with any law of this state or rule or regulation of any agency thereof. The ordinance may fix a minimum bid price and conditions of sale with reservation of the right to reject all bids where the highest bid is not accepted. The ordinance may also contain a provision that requires the recipient of the taxicab license to reimburse the municipality for any costs incurred by the municipality in complying with the public notice requirements discussed in Subsection C above. In the event more than one taxicab license is issued at the same public auction, the recipients thereof shall equally split the costs of reimbursing the municipality for any costs incurred by the municipality in complying with the public notice requirements.
There are hereby established two classes of taxicab licenses,
to be known as "taxicab driver's license" and "taxicab owner's license,"
respectively.
[Amended 11-5-2014 by Ord. No. 2014-01]
A taxicab driver's license shall entitle the person named therein to operate within the limits of the Borough any taxicab duly licensed hereunder and under the laws of the State of New Jersey until the license granted pursuant to the terms of this chapter either expires or is surrendered, suspended or revoked, and shall not be transferable. The annual fee for an initial taxicab driver’s license and the annual renewal fee shall be as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-6. Each driver is required to undergo testing by an accredited laboratory for use of controlled dangerous substances every year and provide to the Borough proof of such testing before the taxicab driver's license will be issued.
[Amended 3-11-2020 by Ord. No. 2020-3]
A taxicab owner's license shall entitle the taxicab therein
described to be operated in the Borough by a driver duly licensed
hereunder by the Borough of Lindenwold and duly licensed under the
laws of this state until the license granted pursuant to the terms
of this chapter either expires or is surrendered, suspended or revoked.
No taxicab owner's license or taxicab driver's license shall
be issued:
A.Â
To an individual who is not legally residing in the United States
or who has been convicted of a crime involving moral turpitude.
B.Â
To a corporation unless each of the officers, directors and stockholders
thereof is a citizen of the United States and none has been convicted
of a crime involving moral turpitude.[1]
[1]
Editor's Note: Original § 188-6.1, Records of drivers;
drug tests, of the 1981 Code, which immediately followed this section,
was repealed 11-5-2014 by Ord. No. 2014-01.
A.Â
All taxicab owner's licenses issued pursuant to the provisions of
this chapter shall expire at 12:00 midnight on the 31st day of March
first occurring following the issuance of said license. No license
fee payable under this chapter shall be prorated nor shall any part
thereof be refunded for any reason unless a license shall be refused.
B.Â
All taxicab driver's licenses issued pursuant to the provisions of
this chapter shall expire at 12:00 midnight on the 31st day of December
of the year of the issuance of said license. No license fee payable
under this chapter shall be prorated nor shall any part thereof be
refunded for any reason unless a license shall be refused.
All applications for the issuance or renewal of any license
of either class shall be made to the Mayor and Borough Council of
the Borough or designee on forms to be adopted by the said Mayor and
Borough Council and to be obtained from the Borough Clerk's office
and designed to elicit information respecting the identification,
responsibility and law-abiding habits of the applicant.
Every application for a taxicab owner's license or a taxicab
driver's license shall be verified by the oath or an affirmation of
the applicant or applicants, if an individual or copartnership, and
if a corporation, shall be verified by the oath or affirmation of
an officer thereof.
[Amended 11-5-2014 by Ord. No. 2014-01]
Every applicant for a taxicab owner's license shall set forth the full name and address of the owner, lessee or bailee of the taxicab to be licensed, the make and character of the taxicab, the number of persons said vehicle is suitable for carrying, and the serial number of said vehicle. The applicant may be requested to present each taxicab for which a license is sought to the Mayor and Council or its authorized representative, which may include the Borough Police Department, Director of Public Safety or Compliance Officer, for an inspection prior to the issuance of a license for the taxicab. A written report of the inspection shall be included with the application that is presented to the Mayor and Borough Council or designee. No license shall be granted to any taxicab which has failed the inspection. Each application shall be accompanied by a license fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-6, for each taxicab to be licensed. All applications for a taxicab owner's license shall be filed with the Borough Clerk or designee prior to the operation of the taxicab in the Borough of Lindenwold or the expiration of license.
All taxicabs licensed to operate within the Borough of Lindenwold
shall compute mileage by means of a meter, the form of which is to
be approved, inspected, and sealed by the Camden County Department
of Weights and Measures. Prior to the issuance of any license for
a taxicab, the meter may be checked to assure that it is properly
calibrated and shall be sealed by the Borough Compliance Officer or
his designee, which may be a member of the Borough police force, the
Public Safety Director or any person determined by the Compliance
Officer to be qualified and an employee of the Borough of Lindenwold.
Every applicant for a taxicab owner's license shall file with
his application a statement as to the hours when said taxicab or taxicabs
will be in operation for public use and a statement of the fares,
charges or tariff rates. The failure of any licensee to provide taxi
service to the general public during the hours named in said statement
or the receiving of fares, charges or tariff rates other than as set
forth in the statement shall be sufficient cause for revocation of
any license.
A.Â
No taxicab
owner's license shall be issued until the applicant therefor files
with the Borough Clerk an insurance policy of a company duly licensed
to transact business under the insurance laws of this state for a
combined single limit coverage of not less than $50,000, insuring
against loss by reason of the liability imposed by law upon the owner
or driver of the taxicab for damages on account of bodily injury or
death suffered by any person as the result of or by reason of the
ownership, maintenance or use of any taxicab within the Borough. Any
license issued for any such operation of the taxicab thereunder shall
be permitted only so long as the insurance policy shall remain in
force to the full and collectible amounts aforesaid.
[Amended 11-5-2014 by Ord. No. 2014-01; 3-11-2015 by Ord. No. 2015-01]
B.Â
The operation of any taxicab under any license issued hereunder shall
be permitted only so long as said insurance policy shall remain in
force to the full and collectible amounts aforesaid. The insurance
policy shall name the Borough of Lindenwold as an additional insured
such that the Borough shall receive copies of all premium notices,
cancellation notices and nonrenewals.
No taxicab owner's license shall be issued until the applicant
therefor shall have delivered to the Borough Clerk or designee, concurrently
with the filing of the insurance policy hereinbefore referred to,
a power of attorney executed by said applicant wherein and whereby
said applicant shall appoint the Treasurer of the Borough of Lindenwold
as his, her or its 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 indemnity granted under
the insurance policy filed, and any license for a taxicab issued upon
any such application shall continue effective and the operation of
any taxicab thereunder shall be permitted only so long as said power
of attorney shall remain in effect and unrevoked.
[Amended 11-5-2014 by Ord. No. 2014-01]
If the application for a taxicab owner's license shall be granted, there shall be issued to the applicant a license card in evidence thereof setting forth the name and address of the licensee, the number of the license and the name and character of the taxicab licensed, together with the serial number of said vehicle and the maximum number of passengers to be carried therein at any one time. Said license card shall be signed by the Borough Clerk or designee and shall at all times be prominently displayed and adequately protected in the interior of any taxicabs so licensed so that the face thereof shall be at all times in full view of and plainly legible to any passenger seated on the rear seat of such taxicab. There shall also be displayed in the interior of said taxicab so licensed a statement or schedule of charges for the use thereof. Any taxicab license issued pursuant to this chapter may be transferred to another vehicle owned by or in the custody of the same licensee upon the payment of a transfer fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-6, and upon the approval of the Mayor and Borough Council or designee. There shall also be displayed on the exterior rear portion of each taxicab so licensed a metal license plate or decal, which shall be furnished and supplied by the Borough.
[Amended 11-5-2014 by Ord. No. 2014-01; 5-13-2015 by Ord. No. 2015-03]
Every application for a taxicab driver's license shall set forth the full name and address of the applicant, his or her age, whether or not he or she is a citizen of the United States and whether or not he or she has ever been convicted of a crime and, if so, the crime of which he or she has been convicted, the place of conviction, the date thereof and the punishment thereof. Such applicant shall also furnish satisfactory evidence that he or she has received a driver's license from the Motor Vehicle Department of the State of New Jersey unless a previous taxicab driver's license has been issued by the Borough of Lindenwold. Each applicant for a taxicab driver's license shall, at the time of filing his/her initial application, be fingerprinted by the Police Department of the Borough or a designated outside agency. Such fingerprint impressions may be used by the Borough for securing from any agency any report or reports it may deem necessary with respect to said application. Said fingerprint impressions and any report received with respect thereto shall be affixed to the application before consideration thereof by the Mayor and Borough Council or designee. For subsequent taxi driver renewals, the Lindenwold Police Department shall provide the applicant with the SBI instruction form which allows the applicant to utilize the New Jersey State Police portal for a background check with respect to said application. In addition, proof of testing from an accredited laboratory for use of controlled dangerous substances must be provided. A license fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-6, shall accompany each application for a taxicab driver's license.
If the application for a taxicab driver's license shall be granted,
there shall be issued to the applicant a license card in evidence
thereof setting forth the number of the license, the name and address
of the licensee and his or her age. Said license card shall be signed
by the Borough Clerk or designee and shall at all times be permanently
displayed and adequately protected in the interior of any taxicab
operated by the licensee so that the face thereof shall be at all
times in full view of and plainly legible to any passenger seated
on the rear seat of such taxicab.
The Mayor and Borough Council or designee may refuse to issue
or renew or may, after notice and hearing, revoke or suspend:
A.Â
Any taxicab driver's license if a criminal history record background
check required pursuant to this section reveals a record of conviction
of any of the following crimes:
(1)Â
In New Jersey or elsewhere any crime as follows: aggravated assault,
arson, burglary, escape, extortion, homicide, kidnapping, robbery,
aggravated sexual assault, sexual assault or endangering the welfare
of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with
or having in his possession any weapon enumerated in Subsection r
of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A.
2C:39-3, 2C:39-4 or 2C:39-9, or other than a disorderly persons or
petty disorderly persons offense for the unlawful use, possession
or sale of a controlled dangerous substance as defined in N.J.S.A.
2C:35-2.
(2)Â
In any other state, territory or commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection A(1) of this section.
(3)Â
If a person who has been convicted of one of the crimes enumerated in Subsection A(1) and (2) of this section can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a taxicab.
(4)Â
If a person is an alien citizen of any nation between which and the
United States of America a state of war exists; or has made false
answers in his application for such license or any renewal thereof;
or has failed or fails to render reasonably prompt, safe and adequate
taxicab service; or has not complied fully with all requirements of
this chapter for such class of license.
(5)Â
The provisions contained in Subsection A(1) through (4) above pertaining to a criminal background check shall not apply to an operator or driver of a taxicab who has received the consent to operate in the Borough prior to the effective date of P.L. 2011, c. 135 (N.J.S.A. 48:16-2.1 et seq.). The Borough reserves the right to have an applicant for a taxicab driver's license submit to a criminal background check as it sees fit and at any time discussed in this chapter.
B.Â
Any taxicab driver's license if the licensee or applicant has in
any degree contributed to any injury to person or damage to property
arising out of negligent operation of a motor vehicle or has any communicable
or contagious disease.
C.Â
Any taxicab owner's license if the motor vehicle licensed or to be
licensed, by reason of unsafe or unsanitary condition, is dangerous
to the safety or health of the occupants or others, or if the policy
of insurance required by this chapter has lapsed or such coverage
is not maintained at all times.
Any taxicab licensed pursuant to this chapter may be inspected
by any member of the Borough Police Department, Director of Public
Safety or the Compliance Officer of the Borough of Lindenwold if such
individual has a reasonable basis for believing that the taxicab is
dangerous to the safety or health of the occupants or others. If,
upon inspection, the taxicab is found to be dangerous to the safety
and health of the occupants or others, the Mayor and Borough Council
shall be notified immediately and the license for the taxicab shall
immediately be suspended and shall be precluded from operating within
the Borough of Lindenwold as a taxicab. The taxicab owner must request
a hearing before the Mayor and Borough Council to determine whether
the license is to be reinstated. The hearing may be conducted at a
regularly scheduled Council meeting.
Each licensed taxicab shall be maintained in good physical condition
with no physical damage. If the Borough Compliance Officer or designee
determines that a licensed taxicab does not comply with this provision,
the Compliance Officer shall issue a warning on the first violation
and will allow the operator three days in which to make the necessary
repairs. In the event that the operator does not complete the repairs
within three days of the notice and continues to operate the taxicab,
such operation shall constitute a violation of this chapter.
No taxicab shall hereafter be operated in the Borough unless
and until there is prominently displayed in the interior thereof within
full view and access to any passengers therein an illuminated display
case containing the owner's card, the taxicab driver's license, which
license shall include a recent photograph of the driver then operating
the taxicab, and a complete list of fares, charges or tariff rates
so displayed, and no others shall be charged any passenger so transported.
Every taxicab so licensed shall have painted on both sides thereof
one of the words "taxi" or "cab" in letters at least three inches
high or the name of the operating owner containing at least one of
the words "taxi," "cab" or "taxicab." Every taxicab so licensed shall
have painted on each side thereof, in letters at least one inch high,
the name of the owner thereof followed or preceded by the word "owner."
Magnetic signs are not accepted and may cause the taxicab owner's
license to be revoked. The owner of a taxicab shall cause to be displayed
on the body of the vehicle the taxi license number issued to that
vehicle. The number shall be three inches in height and located in
the center of the rear quarter panels on the driver and passenger
sides and the rear center line of the trunk of the vehicle. Each taxicab
shall display on each rear door of the vehicle the "Borough of Lindenwold"
in letters three inches in height.
The owner of each taxicab so licensed shall keep or require
to be kept a written record of each trip made by the said taxicab,
showing the number of daily trips. Such record shall not be destroyed
for at least one year from the date of the trip and shall be kept
within the Borough in readily accessible form and shall be accessible
at all reasonable times for inspection by the Mayor and Borough Council,
any Borough official or member of the Lindenwold Police Department.
The daily log shall be kept in the vehicle until, at the earliest,
the end of the workday.
No person shall park or rank any taxicab on any of the streets
of the Borough at any time except at such place or places as may from
time to time be lawfully designated as municipal taxi stands.
No person shall cruise on the streets of the Borough with any
taxicab at any time for the purpose of soliciting passengers.
No taxicab driver's license issued pursuant to the terms of this chapter shall be transferable. Similarly, no taxicab owner's license shall be transferable, except in accordance with the terms of this chapter. Any transfer of a taxicab driver's license or a taxicab owner's license in violation of this chapter shall, upon conviction, be punished as provided in § 309-27.
The Borough Clerk or designee may set the time and date for
renewals of licenses pursuant to this chapter as required.
