The following words and phrases and their derivatives, when
used in this chapter, shall have the meanings hereafter ascribed to
them:
AUTOCAB and/or TAXICAB
Any automobile or motorcar, 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 highways of the Borough of Mount Ephraim,
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 Borough of Mount Ephraim.
BOROUGH
The Borough of Mount Ephraim, in the County of Camden and
State of New Jersey.
DRIVER
Any person who drives a taxicab within this Borough of Mount
Ephraim.
LICENSED
Licensed in accordance with the appropriate section of this
chapter.
OPERATION (of a taxicab and/or autocab)
Transporting therein one or more persons for hire along any
of the streets or highways of the Borough of Mount Ephraim. Accepting
a passenger to be transported for hire within this Borough or from
a point within this Borough to a point outside of the Borough limits,
or discharging a passenger transported for hire from a point outside
of the Borough limits to a point within the Borough limits, shall
be deemed to be "operation" of a taxicab within the Borough of Mount
Ephraim under the terms hereof. The "operation" of a taxicab and/or
autocab in any of the above-described manners by one other than the
owner shall be deemed "operation" by the owner as well as by the person
actually driving the same. The transportation of any person other
than the owner or driver in any motor vehicle bearing a sign or signs
therein or thereon using the word "taxi," "taxicab," "cab" or "hack"
shall be prima facie evidence of operation.
OWNER
Any person, corporation or association in whose name title
to any taxicab is registered with the New Jersey Department of Motor
Vehicles, or who appears in such records to be the conditional vendee
or lessee thereof.
PERSONS
Includes the plural as well as the singular and any individual,
copartnership, association, corporation or joint-stock company, and
their lessees, trustees or receivers appointed by any court whatsoever.
STREETS and HIGHWAYS
Any street, avenue, park, parkway, highway or other public
place or any part thereof.
No autocab shall be operated upon the streets or public places
of the Borough of Mount Ephraim unless the owner thereof shall have
caused the said autocab to be licensed as herein provided and shall
have complied with the laws of the State of New Jersey relating to
autocabs; nor shall any cab licensed hereunder be driven by any person
unless the driver thereof has been duly issued an automobile driver's
license by the State of New Jersey.
[Amended 1-2-1973]
No autocab shall be licensed until an application therefor shall
have been made in writing and filed with the Borough Clerk in the
form provided by the Borough therefor, and unless the said applicant
shall agree to operate said autocab within the Borough of Mount Ephraim
for at least six days in every week and at least eight hours in each
operating day, and unless such applicant shall be determined to be
of good moral character, and until the owner thereof shall have submitted
proof satisfactory to the Board of Commissioners that such owner is
financially able to pay any judgment which may be obtained against
him for injuries or damages to persons and property resulting from
an accident occurring by reason of the ownership, maintenance or use
of such autocab or cabs owned and operated by the same owner, and
shall have filed with the Borough Clerk an insurance policy of a company
duly licensed to transact business under the insurance laws of this
state, in a sum of at least $100,000 against loss or damage to personal
property resulting from a single accident, in a sum of at least $100,000
against personal injury to one person resulting from a single accident,
and in the sum of at least $300,000 against all personal injuries
resulting from a single accident.
[Amended 1-2-1973]
Every person operating autocabs as aforesaid shall execute and
deliver to the Borough Clerk at the time of the filing of the insurance
policy aforesaid a power of attorney in which the owner shall appoint
the chief fiscal officer of the Borough as his true and lawful attorney
for the purpose of acknowledging service of any process out of a court
of competent jurisdiction to be served against such person by virtue
of the indemnity granted under the insurance policy filed as aforesaid.
[Amended 11-9-1954 by Ord. No. 191]
A. Each application for an autocab license hereunder shall set forth:
(1) The full name and address of the applicant-owner.
(2) The number of autocabs to be operated by such applicant-owner.
(3) The make and character of each autocab to be operated, and the length
of time each such autocab has been in use.
(4) The number of persons each such autocab is capable of carrying.
(5) The place where each such autocab may be inspected by the Board of
Commissioners or its duly authorized representatives.
(6) The days of the week and the hours of such days when it is proposed
to operate each such autocab.
(7) A schedule of rates showing the charges proposed to be made for the
transportation of passengers.
B. Each application hereunder shall be accompanied by an annual fee
computed as follows:
(1) The annual fee for one autocab or the first autocab owned and proposed to be operated by such applicant shall be as set forth in Chapter
165, Article
II, Fee Schedule.
(2) For each autocab proposed to be operated by such applicant in excess of one autocab, there shall be an additional fee as set forth in Chapter
165, Article
II, Fee Schedule; provided, however, that licenses for the operation of more than five autocabs shall not be issued to any one applicant.
C. In the case of a license issued after the first day of August in
any year, the license fee for the remainder of such calendar year
shall be 60% of the annual license fee computed as above.
Every autocab license shall expire on the 31st day of December
in the year in which it is issued; provided, however, that if an application
for renewal shall have been filed on or before December 31, said autocab
may be operated pending the issuance of a new license until the 15th
day of January next succeeding, and provided further that application
for licenses for the calendar year following the year in which the
application is filed shall not be filed prior to the 15th day of December
in the year in which the application is filed.
Every licensed autocab shall display its license number in a
manner required or approved by the Board of Commissioners. Upon the
issuance of the license of any autocab, there shall be furnished to
the owner a card setting forth the name and address of the owner and
the number of the license, which card shall be permanently displayed
in the interior of the autocab, together with a statement or schedule
of the charges for the use thereof.
No autocab shall occupy any public hack stand unless such autocab
shall have been licensed by the Board of Commissioners.
[Amended 1-20-1958 by Ord. No. 213; 2-2-1971 by Ord. No. 304]
No more than 12 autocab licenses shall be in effect in the Borough
of Mount Ephraim at any one time.
No license shall be issued hereunder nor shall any autocab licensed
hereunder be operated or driven by any person until such applicant
or driver shall have first notified the Chief of Police of the Borough
of Mount Ephraim of such intentions, and such officer shall, after
an investigation of such applicant or driver, make a report thereof
to the Director of the Department of Public Safety, which report shall
be considered by said Director in passing upon applications for licenses
as aforesaid, and, in the case of drivers only, will be considered
in passing upon the issuance of a certificate of approval, which is
hereby declared as essential to the driving of any autocab or taxi
licensed hereunder; such certificates of approval shall be signed
by the Director of the Department of Public Safety of the Borough
of Mount Ephraim.
The Board of Commissioners, after a hearing, is hereby authorized
and empowered to suspend or revoke any license issued under the provisions
hereof for any violation of the law or of the provisions of this chapter,
or for failure to comply with the provisions of Chapter 16, Title
48 of the Revised Statutes of New Jersey, or the amendments thereto
or supplements thereof, or for failure to operate such autocab in
the manner and at the times set forth in the application for such
license.
[Amended 1-2-1973]
Any person or persons who shall violate any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalty provisions contained in Chapter
305, Penalties.