[HISTORY: Adopted by the Mayor and Council
of the Borough of Palmyra 5-14-2012 by Ord. No. 2012-5.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 90.
Limousines — See Ch. 160.
Handicapped parking — See Ch. 187.
Motor-driven vehicles — See Ch. 267.
[1]
Editor's Note: This ordinance also repealed former Ch. 248,
Taxicabs, adopted 3-15-1950 as Ch. 85 of the 1971 Code, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
The operation of a taxicab without passengers to and fro
along a public street at a slow rate of speed for the obvious purpose
of soliciting passengers.
Includes any individual, copartnership, association, corporation,
joint stock company, or other business entity, their lessees, trustees
or receivers appointed by any court whatsoever.
A section of a public street or public place set apart for
the exclusive use of a limited number of taxicabs, when such section
is distinctly marked as such by a metal sign attached to a stanchion
on the curb, or other conspicuous place, or by clearly visible marks
upon the surface of the street or public place.
Includes any street, avenue, park, parkway, highway or other
public place.
Includes any automobile or motor car, 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. Nothing
in this section contained shall be construed to include any motor
vehicle by whatever name or designation used and employed solely in
transporting school children or teachers, or auto buses which are
subject to the jurisdiction of the Board of Public Utility Commissioners,
or any motor vehicle owned or operated by the Borough, County of Burlington,
State of New Jersey, or operated by any nonprofit organization in
the business of transporting persons not for profit.
A.
No taxicab shall operate upon streets of the Borough nor shall any
taxicab stand upon any street or other public place or on private
premises within the limits of the Borough waiting for employment without
first obtaining a license from the Borough Clerk, which shall expire
December 31 next succeeding the date of issuance, unless sooner suspended
or revoked.
B.
There shall be no more than five taxicab licenses for separate owners
issued per year.
C.
The annual fee to be paid for such license shall be the sum of $100
per owner and $50 for each driver.
D.
The license fees shall accompany the applications and shall be nonrefundable.
The licensing and inspection of taxicabs, as hereinafter provided
for in this section, and the enforcing of the provisions of this section,
shall be under the control of the Police Department. All licenses
shall be issued by the Borough Clerk.
A.
Every application for a license for a taxicab shall state the following
information:
(1)
The full name and address of the owner.
(2)
The make and character of the taxicab.
(3)
The length of time the taxicab has been in use, the number of persons
it is capable of carrying, and a place where it may be inspected by
the Police Department.
(4)
The names of each driver, and the fingerprint approval letter for
each driver operating a taxi for the company or business entity.
(5)
The name of insurance company, policy number and expiration date.
B.
Every application for a taxicab license shall be verified by the
oath of the applicant or of an officer thereof if the applicant is
a corporation or other business entity.
Requirements for a license:
A.
The owner of the taxicab shall have filed with the Clerk of the Borough
an insurance policy which shall be issued by an admitted insurance
company duly licensed to transact business under the insurance laws
of this state 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 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 taxicab 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
taxicab upon any public street. Nothing contained in this subsection
shall prohibit the owner of a taxicab from obtaining any additional
amount of motor vehicle liability insurance coverage from a company
licensed outside the State of New Jersey. The 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 provide for the payment of any
final judgment recovered by any person on account of the ownership,
maintenance, or use of the taxicab or any fault in respect thereto,
and shall be for the benefit of every person suffering loss, damage
or injury as aforesaid;
B.
Each operator or driver of the taxicab for which the owner thereof
is seeking the consent to operate in the Borough has submitted 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 taxicab. .
(1)
A person
shall be disqualified from operating or driving a taxicab if a criminal
history record background check required pursuant to this subsection
reveals a record of conviction of any of the following crimes:
(a)
In New Jersey or elsewhere any crime as follows: aggravated assault,
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, 2C:39-4,
or 2C:39-9, or other than 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.
(b)
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)(a) of this section.
(2)
If a person who has been convicted of one of the crimes enumerated in Subsection B(1)(a) and (b) of this section can produce a certificate or 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 a taxicab. The provisions of this subsection shall not apply to an operator or driver of an autocab who has received the consent to operate in a municipality prior to the effective date of P.L. 2011, c.135 (N.J.S.A. 48:16-2.1 et al.).
If such owner operates more than one taxicab, the owner may file with the Clerk of the Borough, in lieu of the policy required by § 248-5A, a bond or insurance policy of a company duly licensed to transact business under the insurance laws of this state, in the sum of $50,000, which shall be a blanket insurance covering all cabs operated by such owner which shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of any such taxicabs or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as-aforesaid.
Whenever the governing body determines to authorize the issuance
of one or more new or additional taxi licenses, it shall publish a
notice, in the newspaper circulating generally within the municipality,
stating the number of new or additional licenses to be authorized
and the application period for the new or additional licenses. The
notice shall specify a time and date after which no further applications
will be accepted. The 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 specified in the notice as the
time and date after which no further applications will be accepted.
The recipient of a taxi license issued pursuant to this section, as
a condition of the award of such license, shall reimburse the municipality
for any costs incurred by the municipality in complying with the public
notice requirements set forth above.
No taxicab shall be licensed until it has been thoroughly and
carefully inspected and examined by the Police Department and found
to be in a thoroughly safe condition for the transportation of passengers.
Such licensed taxicabs shall be clean, fit, and of good appearance.
Side curtains or shades shall not be permitted on any such licensed
vehicles. The Police Department shall refuse a license to any applicant,
or, if already issued, revoke or suspend the license of any vehicle
found to be unsafe for the transportation of passengers. All reports
of such inspections and examinations shall be filed with the Borough
Clerk and become a part of the application filed for the licensing
of such vehicle, as hereinafter provided.
The owner of a taxicab shall cause to be displayed on the body
of the vehicle the taxi license number issued to that vehicle. The
number shall be three inches in height and located in the center of
the rear quarter panels on the driver and passenger sides and the
rear center line of the trunk of the vehicle. Each taxicab shall display
on each rear door of the taxicab the name of the municipality or municipalities
which has issued the taxicab a taxi license in letters three inches
in height.
A.
The Borough
Clerk shall keep a register of the name of each person owning or operating
a vehicle or vehicles licensed under this section, together with the
license number and the description, make, dimensions of such vehicles,
with the date and complete record of inspections made of them. All
applications for licenses shall be filed by the Borough Clerk and
carefully preserved for reference. All licenses issued shall be recorded
in books provided for that purpose. All such records shall be open
to the inspection of the public at all reasonable times.
B.
The Police
Department shall maintain a constant vigilance over all taxicabs to
see that they are kept in a condition of safety for transportation
of passengers, and to this end shall have the right at any and all
times to inspect any and all licensed vehicles, and shall maintain
a record, in writing, of a report of all such inspections.
The governing body, after notice and hearing, may revoke or
suspend any license issued pursuant to this chapter if the licensee
has been once convicted of a crime in this or any other jurisdiction
or has been convicted of being a disorderly person or of a violation
of Title 39, Motor Vehicles and Traffic Regulations, of the Revised
Statutes of New Jersey, or if the licensee violates any provision
of this chapter or has any judgment unsatisfied against him, her or
it arising out of any automobile accident for the space of 30 days,
or if the licensee has made false answers in his, her or its application
for such license or any renewal thereof, or if the licensee has failed
or fails to render reasonably safe, proper or adequate taxi service,
or if the licensee has not complied fully with all the requirements
of this chapter with respect to such license. Any taxicab driver's
license may be revoked or suspended by the governing body, after notice
and hearing, if the licensee has in any degree contributed to any
injury to person or damage to property arising out of the negligent
operation of a motor vehicle, or if said taxicab driver shall have
any communicable or contagious disease. Any taxicab license may be
revoked or suspended by the governing body, after notice and hearing,
if the taxicab licensed is dangerous to the safety or health of occupants
or others by reason of unsafe or unsanitary conditions, or if the
financial responsibility of the owner, lessee or bailee has fallen
below the requirements hereinbefore set forth, or if said licensed
taxicab shall be used for any improper, immoral or illegal business
or purpose.
The governing body shall designate such place or places within
the Borough as it deems necessary for the placement of taxi stands.
No taxicab shall occupy any public taxicab stand unless such
taxicab shall have been licensed as provided in this chapter.
No taxicab, while waiting for employment by passengers shall
stand on any public street or space other than that at or upon a taxicab
stand designated or established in accordance with this chapter, nor
shall any driver or such taxicab seek employment by repeatedly and
persistently driving his taxicab to and fro in a short space before,
or by otherwise interfering with the proper and orderly access to
or egress from any theater, hall, hotel, public resort, railroad station
or other place of public gathering, and no driver shall solicit passengers
for a taxicab except when sitting upon the driver's seat thereof,
nor shall any driver of a taxicab solicit employment in the transportation
of passengers by driving in or through any public street or public
place at a slow rate of speed, commonly designated as "cruising."
Any applicant who is denied a license or whose license is suspended
or revoked under this chapter may appeal to the governing body within
10 days of his notification of denial at which time the governing
body will hold a hearing for the aggrieved party to determine the
validity of the denial of the application or the suspension or revocation,
at which time the governing body may affirm or reverse the actions.
No application shall be accepted from an applicant who was denied
a license and no license shall be issued to said applicant unless
the condition or conditions have changed sufficient to warrant a new
license. The applications shall set forth whether the applicant has
previously filed an application for a license and whether said license
was denied.
Any person or persons who shall violate any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
not exceeding $1,000 and up to 90 days' imprisonment.
