[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 12-15-1971 by Ord. No. 631R (Ch. 83 of the 1971 Code); amended in its entirety 6-7-2010 by Ord. No. 10-07R. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ADDITIONAL STOP
All stops with the exception of the final destination of which the taxicab driver proceeds at the direction of the passenger.
APPLICANT
A person seeking a license to own or drive a taxi based in the Borough of Fanwood ("Borough").
AUTOCAB
The meaning set forth in N.J.S.A. 48:16-1, as may be amended and supplemented.
BASE
A place of business from which taxicabs or autocabs are dispatched.
DELIVERIES
Any situation where the taxicab driver delivers any item to the customers.
DISPATCH
An instruction to a driver by a base to provide transportation to a passenger who has previously arranged for such transportation with the base.
DRIVER
Any person who drives a taxi or autocab within the Borough where the base is in the Borough.
MEDALLION
The official number and medallion or license issued by the Borough to each taxicab.
OPERATOR
Taxi owner, person operating the taxi business or leaseholder.
OWNER
Any persons in whose name title to any taxicab or autocab is registered with the New Jersey Motor Vehicle Commission or who appears in such records to be the conditional vendee or licensee thereof.
PASSENGER
A person who has engaged a taxicab or autocab for the purpose of being transported to a destination or a person who is awaiting the arrival of a dispatched taxicab or autocab.[1]
TAXICAB or TAXI
Any automobile or motor vehicle engaged in the business of carrying passengers for hire. It shall not include any limousine or bus governed by New Jersey statute.
[1]
Editor's Note: The former definition of "renewal applicant," of the 2001 Code, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No person shall operate a taxicab or autocab that has its base within the Borough unless both the owner and the driver(s) are licensed under this chapter.
B. 
No person, corporation or entity shall hire out, keep or use for hire, or pay or cause to be kept for use or for hire any taxicab or autocab, without first having obtained a license for that purpose. A taxicab or autocab owner's license shall entitle the taxicab or autocab to be operated, provided that the person(s) driving the cab holds a valid taxicab/autocab driver's license. The owner's license shall not be transferable.
C. 
No person shall drive a taxicab/autocab without first having obtained a license therefor. The holder of a taxicab/autocab driver's license shall be entitled to operate any taxicab/autocab whose owner has been licensed under this chapter.
A. 
All applications for a taxicab/autocab owner's license shall be in writing upon a form to be furnished by the Borough Clerk. The application shall contain but not be limited to full name and address of the owner, the serial number, type, color, year and model of the vehicle to be licensed and the number of persons it is capable of carrying and shall be accompanied by the required fee. Each applicant for a license shall secure through a private agency a criminal history background check, conducted not more than 14 days prior to the filing of the application. Such criminal history background check must be submitted (as part of the application) directly from the private agency to the Fanwood Chief of Police or Acting Chief of Police ("Chief of Police"). The criminal history background check shall be in sufficient detail and scope to reveal any criminal history recorded with the State Bureau of Identification or with the Federal Bureau of Investigation. With the application, there shall be furnished two recent photographs of the applicant of a size measuring two inches by two inches.
B. 
No person shall be issued a license unless the vehicle can accommodate a minimum of four passengers and the owner maintains insurance as set forth herein.
C. 
The names and addresses of two responsible persons in the State of New Jersey as references shall be provided.
D. 
All applications shall be filed with the Borough Clerk who shall forward a copy of the application to the Chief of Police for review and recommendation. The Chief of Police or the Chief's designee shall submit a report or review of the application to the Public Safety Committee within 14 days of receipt of the criminal history report. A copy of the application, together with the report and recommendation of the Police Department and proof of insurance, shall be submitted to the Public Safety Committee at the next succeeding meeting for recommendation to the Mayor and Council, and any and all applications may be granted or denied by a majority vote of the members of the Mayor and Council present at a meeting for that purpose.
E. 
The following factors are to be considered by the Public Safety Committee and the Mayor and Council in determining whether to grant or deny the license:
(1) 
The character, business and financial responsibility and experience of the applicant and the probability that, if granted a license, the applicant will operate the taxicab/autocab in accordance with the provisions of this chapter and/or Title 39 of the New Jersey Statutes;
(2) 
Any factors contained in the review or report from the Police Department, including, but not limited to, felony convictions and motor vehicle violations;
(3) 
The licensee is over 21 years of age, can read, write and speak the English language.
(4) 
Any other factors directly related to the granting or denial of the license which would substantially affect the public safety or convenience.
F. 
Number of licenses limited. No license to operate a taxicab/autocab shall be granted unless the number of such licenses issued and outstanding is less than five.
[Amended 2-7-2012 by Ord. No. 12-03R]
(1) 
The Borough Clerk shall publish a notice in a newspaper which circulates generally within the Borough stating the number of new or additional taxi licenses authorized by this section and the application period for the new or additional licenses. The notice shall specify the time and date after which no further applications will be accepted. Said notice shall be published at least twice and at least one week apart, with the second notice published at least 30 days prior to the time and date after which no further applications will be accepted.
(2) 
If no license is issued within six months of the date for receipt of bids in the notice, then the Borough will have to re-comply with the terms of this section if the Borough determines to repeat the procedure thereafter.
(3) 
Any such new licenses may be issued to the highest qualified bidder at a public auction conducted by the Borough Clerk at a minimum bid of $100. The Mayor and Council reserve the right to reject all bids where the highest bid is not accepted.
(4) 
Any applicant must complete and satisfy the application procedure established in § 270-3.
G. 
Issuance of license. The Mayor and Council shall, by resolution, grant or deny the license. If the application is approved, the Borough Clerk shall issue the license.
H. 
License terms; fees. A taxicab/autocab owner's license shall expire on December 31 of each year. A license fee in the amount of $100 shall be payable upon the filing of an application for the issuance or renewal of a license, which amount shall include costs incurred by the Borough in complying with the public notice requirements. In addition to the application fees set forth in this chapter, every applicant shall also pay to the Borough a sum in the amount charged by any county, state and/or federal agency for a fingerprint inquiry concerning the applicant, provided that the applicant has the Borough perform the fingerprint inquiry.
[Amended 2-7-2012 by Ord. No. 12-03R]
I. 
The owner's license may be renewed by the Mayor and Council upon the licensee's filing with the Borough Clerk a new application and fee and provided that the owner has not been convicted of two or more ordinance or motor vehicle violations in the 12 months preceding the date of the application and further provided that the criminal history report is satisfactory.
(1) 
The owner's license shall at all times be prominently displayed and adequately protected in the interior of the taxicab and be plainly legible to any passenger in the rear.
J. 
Upon the issuance of a taxicab/autocab owner's license, the Borough Clerk shall provide to the owner three decals or medallions, three inches in height, to be located in the center of the rear quarter panels in the driver and passenger sides and the rear center line of the trunk of the taxicab and which will identify that the taxicab/autocab has been licensed by the Borough. There shall be a charge of $25 for each replaced set of medallions or decals. Decals or medallions shall be placed on those taxicab/autocabs set forth in the owner’s application and may not be transferred from vehicle to vehicle without prior permission of the Chief of Police. No new decal shall be issued without proof presented to the Borough Clerk of removal or destruction of all decals from the original vehicle and proof that the original vehicle is no longer included in the insurance policy of the owner. Each taxicab/autocab shall display on each rear door of the taxi/autocab the name of the Borough in letters three inches in height.
[Amended 2-7-2012 by Ord. No. 12-03R; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Every applicant for a taxicab/autocab driver's license shall, in addition to the requirements herein provided, comply with all applicable laws:
(1) 
Be 21 years of age or older.
(2) 
Present the required doctor's physical report to the Borough Clerk, evidencing that he/she has been examined within the last thirty-day period and that he/she is of sound physical condition, with good eyesight (including eyeglasses) and not subject to epilepsy, vertigo, heart trouble or any other infirmity of the body or mind which may make him/her unfit for the safe operation of a vehicle.
(3) 
Never have been convicted of a felony, any drug offense, any sex offender offense and shall not have violated any provision of this chapter.
(4) 
Be able to read, write and speak the English language.
(5) 
Be of good character.
(6) 
Not have been convicted of driving while intoxicated or reckless driving within 10 years next preceding the filing of such application and not have more than four points on his/her driver's license within the three years next preceding the filing of such application.
(7) 
Have knowledge of the state motor vehicle laws and traffic regulations.
(8) 
Have knowledge of the geography of the Borough.
(9) 
Furnish with the application two recent photographs of the applicant of a size measuring two inches by two inches.
(10) 
Provide the names and addresses of two responsible persons in the State of New Jersey as references.
(11) 
Provide to the Chief of Police a motor vehicle driving abstract and a criminal history report with each application for a driver's license and/or renewal to be provided at the applicant's own cost and expense. Instructions for obtaining the motor vehicle driving abstract and criminal history report may be obtained through the Police Department. The applicant shall be responsible for any fees related to the driving abstract and criminal history report.
(12) 
Pay a fee as provided in Subsection C below, a portion of which for processing of the application shall be nonrefundable in the event the license is not granted.
(13) 
Provide to the Borough Clerk copies of the following documentation with the application:
(a) 
Social security card or permanent alien registration card.
(b) 
Birth certificate.
(c) 
Valid New Jersey driver's license.
(14) 
Provide to the Clerk a sworn statement setting forth places of residences for the preceding five years, age, height, color of eyes and hair, place of birth, previous employer and marital status.
(15) 
All applications for a taxicab driver's license shall be filed with the Borough Clerk who shall submit the application to the Police Department for review and to the Public Safety Committee, after receipt of the report from the Police Department and the results of the criminal history report, and payment of all fees. The Public Safety Committee shall make a recommendation to the Mayor and Council and the Mayor and Council shall act upon such application at the next succeeding meeting, and any and all applications may be granted or refused by the vote of the majority of the members of the body present at the meeting.
B. 
Issuance of license; content.
(1) 
Upon approval of the application by the Mayor and Council, the Clerk shall immediately issue the applicant a taxicab/autocab driver's license. The license shall contain the licensee's name and address, physical description, signature and photograph.
(2) 
Pending the receipt of the criminal history report and upon the recommendation of the Chief of Police or the Chief's designee, the Public Safety Committee may, in its sole discretion, issue a temporary driver's license which shall expire in 60 days in the event the final license is not approved before that date. The temporary license may be immediately revoked by the Clerk, with no notice, upon the recommendation of the Chief of Police or failure of the applicant to provide any of the requirements set forth herein.
C. 
Term of license; fees. The fee for a taxicab/autocab driver's license shall be $50, $25 of which shall be nonrefundable in the event the license is not granted. The taxicab driver's license shall expire on December 31 of each year. The license may be renewed annually upon payment of all fees and provided that the driver meets all of the requirements set forth above.
D. 
Each applicant granted a taxicab/autocab driver's license shall be issued a printed license in a form approved by the Borough Clerk. This license shall, at all times, be prominently displayed and adequately protected in the interior of any taxicab/autocab operated by the licensee so that the face thereof shall be at all times in full view and plainly legible to any passenger seated in the rear seat of such taxicab/autocab and there be affixed to such license, in full view of such passenger, a photograph of such licensed driver measuring not less than two inches by two inches. Each photograph shall have indicated thereon the words "licensed taxicab/autocab driver" or "licensed taxicab/autocab owner," as the case may be.
A. 
Initial inspection. Before any vehicle is used as a taxicab/autocab within the Borough it shall be inspected by the Police Department to ascertain that it is in a safe, clean, and sanitary condition, and contains all safety devices required by law.
B. 
Reinspections. All taxicabs/autocabs shall be reinspected annually or more frequently if the Public Safety Committee so requires. In addition, a police officer may inspect a taxicab/autocab at any reasonable time to determine if it is clean, sanitary and in a safe and proper operating condition.
C. 
Failure to pass inspection. Any taxicab/autocab which fails to pass inspection shall be immediately taken out of service and shall not be operated again within the Borough until the defects which led to its rejection are corrected. In the case of minor defects which do not constitute an immediate danger to the health or safety of the public, the taxicab/autocab may continue to operate for a period of one week, at the end of which time it shall be reinspected. If the defect has not by then been corrected, the vehicle shall immediately be taken out of service and shall remain out of service until the defect is corrected.
D. 
Proof of state inspection. No vehicle covered by the terms of this section shall be licensed until proof has been presented that the vehicle has been inspected and approved as required under Title 39 of the Statutes of the State of New Jersey.
E. 
Each taxicab/autocab operated in the Borough shall have a sign painted on each rear door. The sign shall contain the owner's name and the words "taxicab" or "taxi" in letters which shall not be less than four inches nor more than eight inches in height.
F. 
Operation of a taxicab/autocab without the required decal or medallion shall be a violation of this chapter.
A. 
Setting and display of fares.
(1) 
The fare which may be charged by the driver or owner of a taxicab/autocab for a trip wholly within the limits of the Borough may not exceed $10. A schedule of rates charged for trips outside of the Borough shall be displayed in the taxicab/autocab in a manner so as to be easily read by all passengers.
(2) 
Taxi fares within the Borough as set forth herein may be amended by the Borough by ordinance from time to time. The initial taxi fares within the Borough are as follows:
(a) 
The taxi fare is $8.50 per trip.
(b) 
Each additional passenger shall be charged $1.
(c) 
Each additional stop shall be charged $2.
(d) 
Deliveries shall be charged $5.
(e) 
Waiting time once the taxicab is employed by the user shall be charged $3 per five minutes' waiting time.
(f) 
The loading/unloading of all bags, luggage and similar items shall be charged at $0.50 per item for all items over two.
B. 
Receipts. The driver of a taxicab/autocab, upon request, shall give the passenger a receipt for the amount charged. The receipt shall show the name of the owner, the license number of the taxicab/autocab with the amount of the fare and the date of the transaction.
C. 
Refusal to pay fare. No person after hiring a taxicab/autocab shall refuse to pay the legal fare, nor shall any person hire a taxicab/autocab with the intent not to pay the legal fare.
D. 
Disputes over fares. All disputes as to the rate of fare shall, upon request of the driver or passenger, be determined by the Supervising Borough Police Officer on duty at the time in charge of the Borough police station. Failure to comply with the officer's determination shall be a violation of this chapter.
E. 
The owner of each taxicab/autocab shall keep or cause to be kept a written daily record of each trip made by the taxicab/autocab showing the date, time and place the cab was engaged, the place and time of the discharge of the passenger, the number of passengers carried, fare received, distance traveled and the driver license number of the person driving the taxicab on the trip. The records shall be kept in a place that is convenient for a proper authorized representative of the Borough to inspect the same, and the owner shall give his/her cooperation in expediting any inspection.
A. 
Every applicant for a taxicab/autocab owner's license shall submit and file with the Borough Clerk an insurance policy of a company duly authorized to transact business under the insurance laws of the State of New Jersey in the sum of a minimum of $300,000 against loss from liability imposed by law upon the taxicab/autocab owner for damages on account of bodily injury or death suffered by any one person and $500,000 for damages on account of bodily injury or death suffered by more than one person and in the sum of a minimum of $100,000 against loss on account of property damage suffered by any person or persons as a result of an accident occurring by reason of the ownership, maintenance or use of such taxicab/autocab, covering the taxicab or taxicabs to be licensed.
B. 
The taxicab/autocab owner's license 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. The insurance policy shall specifically provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance or use of the taxicab or autocab or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
C. 
Power of attorney. Concurrently with the filing of the insurance policy with the Clerk, the applicant for a taxicab/autocab owner's license shall execute and deliver to the Borough Clerk a power of attorney wherein and whereby the owner shall nominate, constitute and appoint the Chief Financial Officer/Treasurer of the Borough the owner's 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.
D. 
Issuance of certificate of compliance. The Borough Clerk, upon approval of the license and the filing of the required insurance policy, shall issue a certificate in duplicate showing that the owner of the taxicab/autocab has complied with the terms and provisions of this chapter, which certificate shall recite the name of the insurance company, the number and date of expiration of the policy, a description of the taxicab/autocab insured thereunder and the registration number of the same. The original certificate shall be posted in a conspicuous place within the taxicab/autocab and the duplicate certificate shall be filed with the New Jersey State Motor Vehicle Commission.
A. 
The Mayor and Council may establish, by resolution, rules and regulations relating to the operation of taxicabs/autocabs and the conduct of licensees. A copy of the rules and regulations shall be furnished to each licensee.
B. 
Taxi stands. No person shall park or place any taxicab/autocab on any of the streets of the Borough at any time except at such place or places as the Mayor and Council may, by resolution, from time to time designate as Borough taxi stands.
C. 
Prohibited solicitation of passengers. No person shall cruise the streets of the Borough with any taxicab at any time for the purpose of soliciting passengers.
D. 
No taxicab driver or other person shall solicit, attempt to solicit or otherwise seek to engage a passenger on any public street and/or sidewalk in the Borough.
E. 
Refusal to carry certain passengers. Every person so licensed as aforesaid shall not refuse to carry local fares or passengers unless the fare or passenger is unruly or intoxicated
F. 
Owners and drivers of taxicabs/autocabs licensed out of the jurisdiction of the Borough, and who have their principal office or place of business out of the jurisdiction of the Borough, shall be allowed to enter into the Borough on a specific call while in the process of discharging a passenger transported from outside of the Borough limits to a point within the Borough limits or picking up a passenger in the Borough as a result of having been specifically called to do so by the prospective passenger. Drivers of such taxicabs/autocabs shall not cruise on the streets of the Borough at any time for the purpose of soliciting passengers, nor shall they in the nighttime or other periods of darkness, when in the Borough, permit any advertising lights on the taxicab to remain lighted.
A. 
Generally. In addition to the causes for revocation of a license set forth in this chapter, any license issued under this chapter may be revoked or suspended, or any application for the issuance or renewal of a license denied, for any of the following reasons:
(1) 
Failure to render reasonable, prompt, safe and adequate taxicab/autocab service.
(2) 
The existence of a judgment unsatisfied of record against the licensee or applicant in any suit arising over the operation of a motor vehicle.
(3) 
Permitting any taxicab/autocab owned or driven by the licensee to become unsafe, unsanitary or dirty.
(4) 
Failure to comply with all applicable laws of the State of New Jersey, the ordinances of the Borough Code and/or the rules and regulations adopted in accordance with this chapter.
(5) 
If the policy of insurance required herein has not been furnished or kept in force or if the owner shall fail to comply with any terms or conditions imposed by the Borough or any laws of the State of New Jersey.
B. 
Drivers. If the licensee is a driver, his/her license may also be revoked or suspended for the following reasons:
(1) 
Revocation or suspension of his/her New Jersey motor vehicle operator's license.
(2) 
Contracting by the licensee of a communicable or contagious disease.
(3) 
Operating a taxicab/autocab in a reckless or grossly negligent manner, or habitually operating a taxicab/autocab in a negligent manner.
(4) 
The applicant has made false answers in the application for this license or the New Jersey state driver's license application, 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 of the requirements of this chapter for such class of license.
C. 
Any revocation shall only occur after notice to the owner by regular and certified mail and conducting of a hearing, if requested by the owner or driver, with regard to the violations asserted, and only after the Mayor and Council find:
(1) 
The owner failed to furnish or keep in force the required insurance policy and power of attorney; and/or
(2) 
The owner failed to comply with any terms or conditions of this chapter and/or any law of New Jersey; or
(3) 
The driver violated any provision of this chapter or any provision of New Jersey law.
In accordance with N.J.S.A. 48:16-12, any person operating a taxicab/autocab in any street of the Borough without complying with N.J.S.A. 48:16-1 et seq. shall be guilty of a misdemeanor.