As used in this article, the following terms shall have the
meanings indicated:
Any person who drives a taxicab within this Township.
The business for carrying passengers for hire by autocabs.
Transporting in a defined vehicle one or more persons for
hire along any of the streets in this Township or accepting a passenger
to be transported for hire within this Township or from a point within
the Township to a point outside the Township limits. The operation
of a defined vehicle by one other than the owner shall be deemed "operation"
by the owner thereof, as well as by the person actually driving the
vehicle. The transportation of any person other than the owner or
driver in any motor vehicle bearing the sign therein or thereon using
words "taxi," "taxicab," "cab" or "hack" shall be prima facie evidence
of "operation."
Any person in whose name the title to any defined vehicle
is registered with the New Jersey Department of Motor Vehicles or
who appears in such record to be the conditional vendee or lessee
thereof.
Any individual, partnership, association, corporation or
joint-stock company, their lessees, trustees or receiver.
Any street, avenue, park, parkway, highway or other public
roadway.
Any automobile or motorcar, commonly called "taxi," "cab"
or "hack," 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 within the Township and
which accepts passengers for transportation from points or places
to points or places within or without the Township, provided that
nothing herein contained shall include deliveries or jitneys or such
public conveyances as are by law exclusively subject to state and/or
federal regulation.
A.
There are hereby established two classes of taxicab licenses, to
be known as "taxicab owner's license" and "taxicab driver's
license."
B.
Taxicab driver's license. A taxicab driver's license shall
entitle the person named therein to operate within this Township any
taxicab duly licensed hereunder until the license either expires or
is surrendered, suspended or revoked and shall not be transferable.
There shall be no limit to the number of taxicab driver's licenses
issued.
C.
Taxicab owner's license. A taxicab owner's license shall
entitle the taxicab therein described to be anywhere within this Township
by a driver duly licensed hereunder until such license either expires
or is surrendered, suspended or revoked and shall not be transferable.
There shall be no limit to the number of taxicab owner's licenses
issued.
D.
Transfer of license. No taxicab license shall be transferable.
E.
Issuance; renewal; revocation; suspension; powers of Township Committee.
The Township Committee may, in its discretion, refuse to issue or
renew or may, after notice and hearing, revoke or suspend any license
issued under the provision of this chapter if the applicant:
(1)
Has been convicted of any crime, including disorderly persons offenses,
in this state or in any other state or territory.
(2)
Has been convicted of a violation under Title 39, Motor Vehicles
and Traffic Regulations, of the New Jersey Statutes Annotated.
(3)
Has violated any provision of this chapter.
(4)
Has any judgment unsatisfied or recorded against him arising out
of an automobile accident.
(5)
Has made false answers in his application for such license or any
renewal thereof.
(6)
Has failed or fails to render reasonably prompt, safe and adequate
taxicab service.
(7)
Has not complied fully with all requirements of this chapter for
such class of license.
(8)
Has in any degree contributed to any injury to any person or damage
to property arising out of the negligent operation of a motor vehicle.
(9)
As to 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 and others.
(10)
If the policy of insurance required herein has once lapsed or
such coverage is not maintained at all times.
A.
Application for license. All applications shall be filed with the
Township Clerk, who shall submit the applications to the Township
Committee or its designee at the next succeeding meeting for action.
Any or all applications shall be then acted upon by the Township Committee
or its designee.
B.
License required. No person shall drive any taxicab in the Township
until the license to drive such taxicab, herein provided for, is issued
to such driver. Any change of residence of the holder of such license
shall be reported to the Township Clerk within five days thereafter.
C.
License qualifications. Each application for a taxicab driver's license, in addition to the requirements of any law of the State of New Jersey, shall establish to the satisfaction of the Township Committee or its designee that such applicant has been regularly licensed by the Department of Motor Vehicles of New Jersey, is at least 18 years of age and is a citizen of the United States. Each applicant for a taxicab driver's license shall submit a certificate from a licensed physician of the State of New Jersey, at the applicant's expense, certifying that the applicant has been examined within the preceding 30 days and that such applicant has no infirmity of body or mind or visual impairment or deficiency which might render the applicant unfit for the safe operation of a taxicab. Each applicant for a taxicab driver's license shall submit their certification of any traffic violations over the preceding five years and that he or she has sufficient knowledge of the Township traffic regulations. Two recent photographs of the applicant, being not less than 1 1/4 inches in height by one inch in length, shall be furnished with the application. One photograph shall be filed with the application, and one shall be attached to the identification, as required in § 264-5, which shall be displayed in the interior of the taxicab driven by the applicant. In the event that a taxicab driver's license issued by the Department of Motor Vehicles of New Jersey is suspended, that person is to immediately notify the Township Clerk.
A.
Applicant requirements.
(1)
All applications for a taxicab owner's license shall be in writing,
in duplicate and shall contain:
(2)
All applications shall be filed with the Township Clerk, who shall,
prior to submitting the application to the Township Committee, receive
proof from the applicant that the applicant is at least 18 years of
age and a citizen of the United States. If a corporation, such corporation
must be organized and existing under the law of this or another state
and, if another state, authorized to transact business within the
State of New Jersey and maintain an office in the State of New Jersey.
B.
Insurance required.
(1)
Each application for a taxicab owner's license shall be accompanied
by an insurance policy with the premium prepaid thereon. The policy
shall be written by an insurance company duly licensed to transact
business under the insurance laws of the State of New Jersey and shall
be submitted to the licensing officer for approval as to form and
sufficiency.
(2)
Amounts of coverage.
(a)
Such policy shall be conditioned for payment of a sum not less
than $100,000 to satisfy all claims for damages by reason of bodily
injury to or the death of any person.
(b)
To satisfy all claims for damage by reasons of bodily injury
to or the death of all persons resulting from accident by reason of
the ownership, operation, maintenance or use of the vehicle to be
licensed, the following sums are required:
(c)
A sum of not less than $50,000 to satisfy all claims for damage
to property of any one or all persons resulting from such an accident
by reason of the ownership, operation, maintenance or use of such
vehicle is required.
(3)
Purpose. Such policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, operation, maintenance
or 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.
C.
Transfer fee.[1] Upon the substitution of a vehicle for that described in Subsection A, the holder of the taxicab owner's license shall submit substituted information on forms specified by the Township Clerk and shall pay a transfer fee of $12 for the administrative processing and reissuance of a license.
D.
Child restraint seats. No taxicab license shall be issued or renewed unless and until proof shall have been given to the Township Clerk that such taxicab has adequately provided for the safety of children under the age of five years who are passengers in a taxicab operated by the applicant. Such proof shall consist of a written policy or posted notice at the base of operation and in all taxicabs, conspicuous to drivers, setting forth that, prior to the operation of the taxicab, children 18 months of age or younger who are passengers in a taxicab shall be placed in a federally approved child-restraint seat, and children over the age of 18 months but under the age of five years must be placed in a car seat if riding in the front seat of the taxicab or in a lap and/or lap-and-shoulder harness seat belt if riding in the rear seat of the taxicab. Every taxicab licensed must keep and maintain a federally approved car seat in the passenger compartment or trunk of the licensed vehicle at all times, for use in accordance with this section and § 264-5G.
A.
Marketing of taxicabs. Every taxicab so licensed shall have painted
on the outside of the taxicab, on both sides thereof, the word "taxi,"
"cab," "hack" or "taxicab" in letters at least four inches high, as
well as the name under which the owner is operating such vehicle.
B.
Identification required. There shall be affixed in every taxicab,
in such manner that the same can be conveniently read by any person
in the taxicab, a card at least three inches in height by at least
five inches in length containing the name of the owner, the license
number of the vehicle and the year of issuance. The card shall also
contain a photograph of the taxicab driver, with the name of the driver
and his license number.
C.
Fares; display and collection.
(1)
No taxicab shall be operated in the Township unless and until there
is prominently displayed in the interior thereof, within full view
and access of any passengers therein and on the exterior of the vehicle,
a complete list of fares, charges or tariff rates charged for transportation
of passengers, which fares, charges or tariff rates so displayed and
no other shall be those to be charged any passengers so transported.
A schedule of such fares, rates and tariffs shall be first filed with
the Township Clerk.
(2)
Every driver of such taxicab shall have the right to demand payment
of legal fare in advance and may refuse employment unless so prepaid,
but no driver of such vehicle shall otherwise refuse or neglect to
convey any orderly person or persons upon request anywhere in the
Township unless previously engaged or unable to do so. No driver of
any such taxicab shall carry any other person than the first passenger
employing him without the consent of such passenger.
D.
Maintenance of manifest. Every holder of a license shall require
the driver of the taxicab to keep a daily record, identified by the
cab number of the taxicab used and the license number of the taxicab
driver, which record shall include the time and place a passenger
was accepted, the time and place of discharge and the fare received
for the trip. These records shall be kept for at least 120 days and
shall be open at all times for inspection by any duly authorized law
enforcement officer.
E.
Maintenance of taxicabs. The owner and operator of each taxicab operating
in the Township shall keep the taxicab in good running order so that
it makes a presentable appearance and affords comfortable, safe rides
to passengers and remains free from mechanical defects or other defects
which would affect the safety of the passengers. The owner of each
taxicab shall have each taxicab presented to the Township Clerk or
its designee prior to issuance or renewal of the taxicab owner's
license and thereafter upon the request of the Township Clerk or other
public officer so that it may be inspected to determine whether it
complies with the provisions of this chapter.
F.
Taxicab passengers.
(1)
No taxicab shall at any time carry more than nine passengers.
(2)
Drivers of taxicabs shall not receive or discharge passengers in
the roadways but shall pull up to the right-hand sidewalk as nearly
as possible or, in the absence of a sidewalk, to the extreme right-hand
side of the road and there receive or discharge passengers. Upon one-way
streets, passengers may be discharged on either the right-hand or
left-hand sidewalk or side of the roadway in the absence of a sidewalk.
(3)
No owner or driver or any taxicab shall induce any person to employ
him by knowingly misinforming or misleading any such person as to
time and place of the arrival or departure of any airplane or other
regularly scheduled mode of transportation or as to the location of
any hotel, public space or private residence within this Township,
nor shall any such owner or driver deceive any person or make false
representation to him or convey any passenger to any other place or
over any street other than that which the passenger may have instructed
the driver to go.
G.
Child-restraint seats. No driver shall operate a taxicab in which
a child of five years of age or younger is a passenger unless:
