As used in this chapter, the following terms shall have the
meanings indicated:
OPERATION OF A TAXICAB
Consists of transporting in a taxicab one or more persons
for hire. Accepting a passenger to be transported for hire from a
point of departure within the Borough to a destination within or without
the Borough shall be considered "operation of a taxicab" within the
Borough. The "operation of a taxicab" by one other than the owner
shall be deemed operation by the owner as well as by the person actually
driving the taxi. The transportation of any person other than the
owner or driver in any motor vehicle bearing a sign using the words
"taxi," "taxicab," "cab" or "hack" shall be prima facie evidence of
operation.
OWNER
Any person in whose name title to any taxicab is registered
with the New Jersey Division of Motor Vehicles or who appears in the
Division's records to be a conditional vendee or lessee or has
any other proprietary interest in a taxicab.
TAXICAB or TAXI
A motor vehicle used to transport passengers for hire which
does not operate over a fixed route and is not hired by the day or
hour.
No taxicab shall be operated within the Borough unless or until
the owner thereof shall have obtained a license in the manner herein
provided.
Application for a taxicab owner's license shall be made
to the Council and filed with the Borough Clerk on forms provided
by him. All applications shall contain the following information:
A. The name and address of the owner.
B. A description of the vehicle, including the license number and where
it may be inspected.
C. The location of any proposed depots or terminals.
D. The proposed fare to be charged.
E. Appropriate evidence as to the owner's good character and business
responsibility so that an investigator will be able to properly evaluate
it.
F. An agreement to comply with the requirements of this chapter and
any rules and regulations adopted pursuant thereto.
G. Any other appropriate information which the Council may by resolution
require.
The Borough Clerk shall advise the Council of the filing of
an application. The Council shall set a date for a hearing on the
application and notify the applicant. The date set shall be within
a reasonable time after the filing of the application.
[Amended 10-20-1986 by Ord. No. 86-16]
The Chief of Police or a police officer designated by him shall
investigate the application. A report containing the results of the
investigation and evaluation, a recommendation by the Chief of Police
that the license be granted or denied, and the reasons for his recommendation
shall be forwarded to the Council at least three days before the date
set for the hearing.
At the hearing any person who is a resident or taxpayer of the
Borough may appear in person and make a brief statement or submit
a written statement in support of or opposition to the granting of
a license. In addition, the applicant and any other person who will
be affected by the granting or denial of the license other than as
a Borough resident or taxpayer shall have the right to be represented
by an attorney, to testify himself or to present witnesses in support
of his position, to cross-examine opposing witnesses and, at his own
expense, to have a stenographic record made of the proceedings.
In determining whether to grant or deny the license, the Council
shall take into consideration the following factors:
A. The character, business and financial responsibility and experience
of the applicant and the probability that, if granted a license, the
applicant will operate his taxicab in accordance with the provisions
of this chapter.
B. Any other factors directly related to the granting or denial of the
license which would substantially affect the public safety or convenience.
A license shall be issued only when authorized by resolution
of the Council, shall be signed by the Mayor and attested by the Borough
Clerk and shall have the corporate seal affixed thereto.
[Amended 12-19-1983 by Ord. No. 20-83; 10-20-1986 by Ord. No. 86-16]
A. A taxicab owner's license shall expire on January 1 next after
issue. The license fee for each taxicab licensed hereunder shall be
$50 per vehicle per annum. Where the license is issued for a period
less than a year, the fee therefor shall be prorated. All license
fees shall accompany the application.
B. Pursuant to the provisions of N.J.S.A. 48:16-17 et seq., a limousine
and livery service, upon the filing of the required insurance policy,
shall be charged a license fee which shall not exceed a total sum
of $50 for each limousine or livery service plus $10 for each vehicle
which is covered under the required insurance policy.
[Amended 6-15-2010 by Ord. No. 2010-3]
A taxicab owner's license may be renewed by the Council
without a hearing upon the licensee's filing with the Borough
Clerk a sworn statement that there have been no changes in the information
contained in the initial application and upon payment of the required
fee.
In addition to the causes for revocation of a license set forth in §
343-10 of this Code, 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:
A. Failure to render reasonable, prompt, safe and adequate taxicab service.
B. The existence of a judgment unsatisfied of record against the licensee
in any suit arising over the operation of a motor vehicle.
C. Permitting any taxicab owned by the licensee to become unsafe, unsanitary
or dirty.
D. Failure to comply with all applicable laws of the State of New Jersey,
the ordinances of the Borough or the rules and regulations adopted
in accordance with this chapter.
In case of a change of ownership of any taxicab licensed hereunder,
the license therefor shall immediately become void.
The Council may establish by resolution rules and regulations
relating to the operation of taxicabs and the conduct of licensees.
A copy of the rules and regulations shall be furnished to each licensee.
No fare shall be collected while a vehicle is in motion, and
no operator or driver shall carry on a conversation with a passenger
or any other person while the vehicle is in motion, except to answer
necessary questions.
[Added 10-20-1986 by Ord. No. 86-16]
Any violation of the provisions of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II.