[HISTORY: Adopted by the Township Committee (now Mayor and Council) of the Township of Berlin 8-4-1958 by Ord. No. 13:4 (Ch. 107 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 320.
Operation of vehicles — See Ch. 325.
[Amended 8-15-1966; 7-3-1972]
A. 
All public hacks, cabs and automobiles, or other motor vehicles used for the transportation of passengers for hire, shall be licensed in accordance with the provisions of this chapter. The license required by this section shall be known as the "taxi owner's license."
B. 
The taxi owners' licenses shall not be limited as to the number of motor vehicles that may operate under the license privilege, and all motor vehicles operated must be owned by the licensee.
C. 
The motor vehicles licensed under this chapter may only be operated by a person who possesses a taxi driver's license issued under this chapter.
No person shall drive or operate as driver or chauffeur, or otherwise any public hack, cab, automobile or other vehicle used for the transportation of passengers for hire, unless such person shall have a license issued for said purpose pursuant to the provisions of this chapter. The license herein required shall be known as the "taxi driver's license."
[Amended 6-2-1976 by Ord. No. 76:6; 9-12-1977; 12-12-2011 by Ord. No. 2011-23]
A. 
No taxi owner's license shall be issued for any vehicle herein required to be licensed until the owner thereof shall have filed an application for the same, addressed to the Mayor and Council, setting forth the character of the vehicle proposed to be licensed, the correct name of the owner thereof, the residence or address of the principal office of such owner, a complete schedule of the fares proposed to be charged and such other facts as the said Mayor and Council may require; until the vehicle proposed to be licensed shall have been inspected and approved, in writing, by the Chief of Police of the Township of Berlin; until there shall have been paid to the Township Clerk the license fee hereinafter provided; and until there shall have been submitted to the Township Attorney and approved by him as to both form and sufficiency, and filed with the Township Clerk, a policy of insurance, with the premium prepaid thereon, an insurance policy which shall be issued by an admitted insurance company duly licensed to transact business under the insurance laws of the State of New Jersey or a company registered to do business in the state, the policy providing for not less than $35,000 of motor vehicle liability insurance coverage or the amount of motor vehicle liability insurance coverage required pursuant to Section 1 of P.L. 1972, c. 197 (N.J.S.A. 39:6B-1), whichever is greater, to satisfy all claims for damages, by reason of bodily injury to, or the death of, any person or persons, resulting from, or on account of, an accident, by reason of the ownership, operation, maintenance, or use of such autocab upon any public street, and to satisfy any claim for damages to property of any person or persons, resulting from, or on account of, an accident, by reason of the ownership, operation, maintenance, or use of such autocab upon any public street.
B. 
Nothing contained herein shall prohibit the owner of an autocab from obtaining any additional amount of motor vehicle liability insurance coverage from a company licensed outside the State of New Jersey.
C. 
A license issued under this chapter shall be effective and operation thereunder shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amounts as aforesaid.
D. 
The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance, or use of the autocab, or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
No taxi driver's license shall be granted to any person who shall make application for said taxi driver's license unless said applicant shall comply with the motor vehicle regulations in the State of New Jersey.
No taxi owner's license or taxi driver's license shall be issued to any person who has not been a resident of Camden County, New Jersey, for at least 90 days prior to the date of making application.
The Chief of Police of the Township of Berlin shall make an investigation and shall submit a report evidencing the findings of said investigation to the Mayor and Council of the Township of Berlin, for approval or disapproval of said license by the Mayor and Council of the Township of Berlin.
[Added 12-12-2011 by Ord. No. 2011-23]
A. 
Each operator or driver of an autocab for which the owner thereof is seeking the consent to operate in the Township of Berlin shall submit to the performance of a criminal history record background check. The cost for the criminal history record background check, including all costs of administering and processing the check, shall be borne by the operator or driver of the autocab.
B. 
A person shall be disqualified from operating or driving an autocab if a criminal history record background check required pursuant to this section reveals a record of conviction of any of the following crimes:
(1) 
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, N.J.S.A. 2C:39-4, or N.J.S.A. 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) 
In any other state, territory, 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 B(1) above.
C. 
If a person who has been convicted of one of the crimes enumerated in Subsection B(1) and/or (2) above 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 an autocab.
D. 
The provisions of this section shall not apply to an operator or driver of an autocab who has received the consent to operate in the Township of Berlin prior to November 29, 2011.
[Amended 12-12-2011 by Ord. No. 2011-23]
A. 
There shall be available for issuance two taxi licenses in the Township of Berlin, which shall be issued to the highest qualified bidder therefor at a sale for public auction for that purpose conducted or supervised by the Township Clerk.
(1) 
A minimum bid of $1,000 shall be required.
(2) 
The Township reserves the right to reject all bids where the highest bid is not accepted.
(3) 
In addition to the fees provided for in § 299-9, the recipient of a license shall reimburse the Township for any costs incurred in connection with the public notice requirements established pursuant to N.J.S.A. 48:16-2.1. In the event more than one license is issued at the same public auction, the recipients thereof shall equally split the costs of such reimbursement.
B. 
The license herein provided for shall be signed by the Township Clerk and shall have the Township Seal affixed thereto. The Township Clerk shall not issue any license until the application therefor has been approved by the Mayor and Council and the conditions precedent, to wit: the payment of the license fees, the criminal history background check and, in the case of a taxi owner's license, the filing of the policy of insurance herein provided for, approved by the Mayor and Council, together with the power of attorney, shall have been complied with.
[Amended 4-29-2019 by Ord. No. 2019-3]
The fee(s) payable hereunder shall be as set forth in Chapter 156, Fees.
The taxi owner's license herein provided shall bear a number and shall state the name of the person licensed. It shall briefly describe the vehicle licensed and contain the motor vehicle license number, as well as the manufacturer's number, of such vehicle.
The Township 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, date of issue, name of person licensed and any other information pertaining thereto. He shall keep all applications, and upon those which may be granted, he shall endorse the number of the license issued in pursuance thereof.
All licenses granted hereunder shall expire on the first day of July succeeding the date of issue. In the case of application for a taxi owner's license made after the first day of January in any year, the fee to be paid therefor shall be 1/2 of the amount stated in § 299-9 hereof.
The charge for carrying passengers shall not exceed the rates set forth in the application for the owner's license.
Every holder of a taxi driver's license, when driving or operating any vehicle herein required to be licensed, shall have in his possession the license issued to him.
All vehicles herein required to be licensed, used or operated for the carrying of passengers within the scope of this chapter, shall be automobile sedans with a minimum of three doors, at least two of which doors shall be for the exclusive use of the passengers. Said automobiles shall at all times be clean and in good repair.
The Mayor and Council shall make reasonable regulations respecting the use of vehicles licensed hereunder, public hack stands, the number of licensed vehicles which may stand in any one place at the same time, the inspection of vehicles licensed and to be licensed hereunder, the inspection of drivers licensed hereunder and such other regulations as may promote the public convenience and safety.
No driver or other person interested in or connected with any vehicle licensed hereunder shall solicit customers in a noisy or offensive manner.
[Added 6-2-1976 by Ord. No. 76:6]
Owners and drivers of taxicabs licensed out of the jurisdiction of this Township may be allowed to bring their taxicabs into this Township, but on specific call only, whether transporting a passenger within this Township to a point outside the limits or discharging a passenger transported from a point outside of the Township limits to a point within the limits, and the name of the passenger so calling him shall be given by the owner or driver when requested by the Township police or other lawful persons. Such taxicabs shall not be parked in this Township, nor shall the drivers thereof cruise on the streets of this Township at any time for the purpose of soliciting passengers, nor shall they, in the nighttime or other periods of darkness, when in this Township, permit any advertising lights on the taxicab to remain lighted; provided, however, that the same or similar substantial reciprocal rights are granted to owners and drivers of taxicabs licensed in this Township by the municipalities in which the aforesaid owners or drivers are licensed.
[Added 6-2-1976 by Ord. No. 76:6]
Each applicant granted a driver's license as required by this chapter shall be issued a license card in evidence thereof in a form approved by the Mayor and Council of the Township of Berlin and signed by the Township Clerk in its behalf. Said license card shall at all times be carried by the driver while operating a vehicle as provided for in this chapter. In addition, the owner of the vehicle shall furnish a card with the name of the driver, which shall at all times be prominently displayed and adequately posted in the interior of any vehicle operated by the licensee, so that the face thereof shall be at all times in full view and plainly legible to any passenger seated on the rear seat of such vehicle, and there shall be affixed to such card in full view of such passengers a photograph, of a size not less than 1 1/4 inches in height and one and 1 3/4 inches in length, of such licensed driver, together with a photograph of the licensed owner of such vehicle of the same size, and each of such photographs shall have indicated thereon the words "Licensed Taxicab Owner" or "Licensed Taxicab Driver," as the case may be.
[Added 6-2-1976 by Ord. No. 76:6; amended 12-12-2011 by Ord. No. 2011-23]
A. 
No vehicle as provided for in this chapter shall hereafter be operated in this Township unless and until there is prominently displayed in the interior thereof, within the full view and access of any passengers therein, a copy of the taxi owner's license and 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 charged any passenger so transported.
B. 
Every owner of an autocab shall cause to be displayed on the body of the vehicle the taxi license number issued to that vehicle, which shall be three inches in height and located in the center of the rear quarter panels on both the driver and passenger sides and the rear center line of the trunk of the vehicle.
C. 
Each autocab shall display on each rear door the name of the Township of Berlin and any other municipality which has issued a taxi license to the owner in letters three inches in height.
A. 
The Mayor and Council may suspend or revoke any license issued hereunder for the violation of any of the provisions of this chapter or for the violation of any of the rules and regulations made, adopted or promulgated by the Mayor and Council, which rules are adopted by the Mayor and Council in accordance with the provisions hereof.
B. 
A second suspension for the same reason or, in any case, a third suspension of a taxi driver's license shall revoke the license.
[Amended 6-2-1976 by Ord. No. 76:6]
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment in the county jail for a term not to exceed 90 days, or both, in the discretion of the court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Added 1-23-1995 by Ord. No. 1995-2]
A. 
No taxicab license shall be issued to, or renewed for, any taxicab unless and until proof is given to the Township Chief of Police, or his designee, that such taxicab has adequately provided for the safety of children under the age of five years, who would be passengers in that taxicab. In the case of a taxicab fleet, such proof shall consist of a written policy and posted notice at the base of operation and in all fleet 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 that 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 a taxicab, or in a lap and/or lap and shoulder harness seat belt, if riding in the rear seat of a taxicab. A taxicab fleet must at all times keep and maintain, in fleet vehicles or at the base of operation, a total number of federal approved car seats equal to 25% of the number of licensed taxicabs in its fleet, which shall at all times be available for use by drivers of fleet taxicabs. In the case of an independent owner, such proof shall consist of proof that the independent owner maintains a federally approved car seat in the passenger compartment or trunk of the licensed vehicle at all times for use in accordance with this provision.
B. 
The holder of taxicab licenses prior to the effective date of this section amendment shall have 30 days from the effective date of this section to comply with those requirements before any penalty may be imposed for violation thereof. The license of any taxicab owner or driver who has not complied with the requirements of this section after the time period indicated hereinabove, shall be subject to penalties as set forth in §§ 299-21 and 299-22 of this chapter. The requirements of this section shall be strictly applied to any applicant for license of renewal of a license after the effective date of this section.
C. 
Every person operating a taxicab who is transporting a child under the age of five years on roadways, streets or highways of the Township, shall be responsible for the protection of the child by properly using a child passenger restraint system that complies with federal vehicle safety standards. No driver shall operate a taxicab in which a child five years or younger is a passenger unless, a child 18 months of age or younger is in a car seat regardless of whether such child is in the front or rear seat, a child over 18 months of age but less than five years is in a car seat if a front seat passenger or is in a lap belt or lap belt and shoulder harness if a rear seat passenger.
[Added 12-12-2011 by Ord. No. 2011-23]
The following terms, as used in this chapter, shall have the meanings set forth below, unless the context within which the term is used clearly provides for a different meaning:
AUTOCAB
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 or run over any of the streets or public highways of this state and particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within or without the state.
PERSON
Includes any individual, copartnership, association, corporation or joint-stock company, their lessees, trustees or receivers appointed by any court whatsoever.
STREET
Includes any street, avenue, park, parkway, highway or other public place.