[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 9-2-1921; amended in
its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 303.
Vehicles and traffic — See Ch.
445.
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Clayton, County of Gloucester, and State of
New Jersey.
Any person who drives a taxicab within this Borough.
The operation of a taxicab, which shall require a taxicab
owner's license and a taxicab driver's license, shall consist of transporting
in such taxicab at least one but not more than five persons, exclusive
of the driver, for hire on any of the streets in this Borough and
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. The operation of a taxicab as above described by one other
than the owner shall be deemed operation by the owner thereof as well
as by the person actually driving same. The transportation of any
person other than owner or driver in a taxicab is hereinafter defined
shall be prima facie evidence of operation.
Any person in whose name title to any taxicab is registered
with the New Jersey Division of Motor Vehicles or who appears in such
record to be the conditional vendee or license thereof.
Any person 62 years of age or older.
Includes any street, avenue, park, parkway, local, county,
state, or federal highway or other public roadway located within the
Borough, whether or not the same is an improved road.
Any automobile capable of carrying up to five passengers,
exclusive of the driver, and which may commonly be referred to as
a "taxi" or "cab," duly licensed by the Borough and engaged in the
business of carrying passengers for hire, which is held out, announced
or advertised to operate or run or which is operated and run over
any of the streets within the Borough of Clayton and which accepts
passengers for transportation from points and places within the Borough
to points and places within or without the same Borough; provided,
however, that nothing herein contained shall include autobuses or
buses on designated routes, public deliveries or jitneys or such public
conveyances as are by law exclusively subject to state and/or federal
regulation.
There are hereby established two classes of
taxicab licenses to be known "taxicab owner's license" and "taxicab
driver's license."
A.
Taxicab owner's license. A taxicab owner's license
shall entitle a taxicab therein described to pick up passengers within
the Borough and otherwise to be lawfully operated anywhere within
the Borough by a driver duly licensed hereunder and by the New Jersey
Division of Motor Vehicles until said license either expires or is
surrendered, suspended, or revoked.
B.
Taxicab driver's license. A taxicab driver's license
shall entitle the person named therein to operate within this Borough
any taxicab duly licensed hereunder and by the New Jersey Division
of Motor Vehicles until said license either expires or is surrendered,
suspended, or revoked.
A.
All applications for taxicab owner's licenses shall be written in duplicate and shall contain the full name and address of the owner, the vehicle identification number (VIN), type, color, year, and make of the taxicab, the state registration number, number of doors on said vehicle, the number of persons the vehicle can carry as passengers and questions pursuant to the rights and privileges granted to the Borough under § 90-7 of this chapter. All applications shall be filed with the Municipal Clerk who shall, prior to the issuance of said license, receive proof from the applicant that the applicant is at least 18 years of age. If the applicant is a corporation, such corporation must be organized and existing under the laws of the State of New Jersey and must present proof thereof or, if organized and existing under the laws of another state, must be officially able to do business in the State of New Jersey and must supply the name and address of the New Jersey registered agent for said corporation.
B.
All applications for taxicab driver's licenses shall be written in duplicate and shall contain the full name and address of the applicant, their New Jersey driver's license number and questions pursuant to the rights and privileges granted to the Borough under § 90-7 of this chapter. Furthermore, each applicant for a taxicab driver's license shall, in addition, to the requirements of any law of the State of New Jersey, establish to the satisfaction of the Borough Council or its designee, that such applicant has been regularly licensed by the New Jersey Division of Motor Vehicles and that the applicant is at least 18 years of age. Each applicant for a taxicab driver's license shall, at their own expense, submit a certificate from a licensed physician of the State of New Jersey certifying that the applicant has been examined within the preceding 30 days and that the applicant has no infirmity of the body or mind, or visual impairment or deficiency which might render the applicant unfit for the safe operation of a taxicab. Said physician's certificate shall be presented at the time of the initial application and at the time of alternate renewals thereafter. Each applicant must furnish at the time of application two recent photographs of the applicant, at least one being not less than 1 1/4 inches in height and one inch in length. One photograph is to be filed with the application and one is to be attached to an identification card which is to be displayed in the interior of the taxicab driven by the applicant. No person shall drive any taxicab in the Borough who has not obtained a license to drive same as provided for in this chapter
C.
Any change of residence of the holder of a taxicab
owner's and/or driver's license shall be reported to the Municipal
Clerk within five business days of the date of the change.
D.
All applications for a taxicab owner's and/or driver's
license shall be filed with the Municipal Clerk who shall submit the
said applications, upon completion of the investigation, to the Borough
Council.
Each applicant for a taxicab driver's license
and/or taxicab owner's license shall be required to pay the Borough,
with the application, whatever sum of money is charged by the State
of New Jersey to process a name check for any criminal record plus
any local charges. No application for a taxicab driver's license or
taxicab owner's license shall be approved until such time as the applicant
has executed a form of consent and release as to permit the Borough
of Clayton Police Department to conduct such an investigation as may
be required in order to determine that the applicant substantially
complies with the meaning, intent, and purpose of this chapter.
A.
Each application for a taxicab owner's license shall
be accompanied by a policy of insurance, with the premium paid thereon,
written by an insurance company duly licensed to transact business
under the insurance laws of the State of New Jersey, which shall be
submitted to the Municipal Clerk and the Borough Attorney for approval
as to form and sufficiency. A certificate of insurance must be submitted
to the Municipal Clerk prior to a license being approved.
B.
Such policy shall be conditioned for payment of a
sum required to satisfy all claims for damage by reason of bodily
injury to or the death of all persons or property damage as follows:
(1)
Up to six passenger vehicles: not less than $300,000
combined single limit.
C.
Such policy shall provide coverage for every driver
of each vehicle listed in the policy and the acceptance of said policy
by the Borough of Clayton and the issuance of the license by the Borough
shall constitute an agreement by and between the applicant and the
Borough that the applicant holds and saves harmless the Borough from
any and all claims from damages arising out of personal injury and/or
property damage made by third parties as a result of the issuance
of said license and the operation of a taxicab.
D.
In the event that such policy is canceled for any
reason, a notice of such action must be delivered to the Glassboro
Municipal Clerk 20 days prior to the effective date of cancellation
by the insurance company providing coverage to the taxi operator.
No taxicab owner's or driver's license shall
be issued until the applicant therefor shall have delivered to the
Municipal Clerk, concurrently with the filing of the application and
insurance policy referred to herein, a power of attorney executed
by said applicant wherein and whereby the applicant shall appoint
the Municipal Clerk for the Borough as his or her, true and lawful
attorney for the purpose of acknowledging service of any process out
of court of competent jurisdiction to be served against the insured
by virtue of the indemnity granted under the insurance policy filed.
The Borough Council or its designees may, in
its discretion, refuse to issue or renew or may, after notice and
hearing, revoke or suspend any license issued under the provisions
of this chapter if the applicant:
A.
Has been convicted of any crime, disorderly persons
offense or petty disorderly persons offense in this state or in any
other state or territory;
B.
Has been convicted of a violation under Title 39,
Motor Vehicles and Traffic regulations of the Revised Statutes of
New Jersey;
C.
Violates any provisions of this chapter;
D.
Has any judgment unsatisfied of record arising out
of an automobile accident;
E.
Has made false answers on the application for such
license or any renewal thereof;
F.
Has failed or fails to render reasonably prompt, safe
and adequate taxi service;
G.
Has not complied fully with all requirements of this
chapter for such class of licensure;
H.
If the licensee or applicant has in any degree contributed
to any injury to person or damage to property arising out of negligent
operation of a motor vehicle;
I.
As to any taxicab owner's license if the motor vehicle
licensed or to be licensed is dangerous to the safety or health of
the occupants, and others by reason of unsafe or unsanitary conditions;
J.
If the policy of insurance required herein has once
lapsed or such coverage is not maintained at all times;
K.
If a taxicab, at any time, carries more passengers
than the same is authorized to carry by terms of this chapter.
A.
No taxicab license shall be issued to or renewed for
any taxicab unless and until proof shall have been given to the Municipal
Clerk or his or her designee that such taxicab has adequately provided
for the safety of children under the age of five years who are passengers
in a taxicab operated by them. In the case of taxicabs, such proof
shall consist of a posted notice in all taxicabs, conspicuous to the
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 federally approved child-restraint seat, and children
over the age of 18 months but under the age of 12 years must be placed
in a lap and/or lap and shoulder harness seat belts in the rear seat
of the taxicab. A taxicab must at all times keep and maintain in the
vehicle a federally approved car seat which shall, at all times, be
available for use by drivers of the taxicabs.
B.
Every person operating a taxicab, whether owner and/or
driver, who is transporting a child under the age of five years on
roadways, streets or highways of the Borough shall be responsible
for the protection of the child by properly using a child-restraint
system that complies with the federal vehicle safety standards.
C.
No driver shall operate a taxicab in which a child
of 12 years of younger is a passenger unless:
A.
No taxicab shall be operated in the Borough unless
and until there is predominantly displayed in the interior thereof,
within full view and access of any passengers therein and on the exterior
of the vehicle, a complete list of fares, charges, or tariff rates
so displayed which shall be those to be charged to any passengers
so transported and no other fares, charges or tariff rates will be
utilized. A schedule of said fares, rates, and tariffs, prior to use,
shall be filed in an acceptable form with the Municipal Clerk. No
rate change shall take effect unless and until same shall be filed
with the Municipal Clerk at least 10 days prior to the proposed effective
date of the change.
B.
No taxicab shall at any time carry more than five
passengers. Every driver of such taxicab shall have the right to demand
payment of legal fare in advance and may refuse employment unless
so prepaid; but no driver of such vehicle shall otherwise refuse or
neglect to convey any orderly person or persons upon request anywhere
in the Borough unless previously engaged or unable to do so. No driver
of any such taxicab shall carry any other person than the person passenger
employing him or her, without the consent of the first passenger.
C.
Every holder of an owner's license shall require the
driver of the taxicab to keep a daily record identified by the cab
number of the taxicab used and the license number of the taxicab driver,
which record shall include the time and place when and where a passenger
was accepted as well as the time and place of discharge. These records
shall be kept for at least one year and shall be open at all times
for inspection by any duly authorized law enforcement officer.
D.
Senior citizens, as defined in § 90-1, who are residents of the Borough of Clayton, shall receive a discount of 20% from any posted taxicab fare, and said reduced rate shall be prominently posted in the interior of the taxicab.
E.
All taxicabs so licensed in this Borough are required
to have installed therein a standard taxicab meter attached to the
odometer. This meter shall prominently display the fare to the passenger
and shall be calibrated annually at the expense of the taxicab owner.
A certificate of calibration shall be submitted to, and approved by,
the Municipal Clerk. Said calibration shall be submitted to, and approved
by, the Municipal Clerk. Said calibration certificate shall be presented
at the time of the initial application and at the time of alternate
renewals thereafter.
A.
There shall be affixed in every taxicab, in such a
manner that the same can be conveniently read by any person in the
taxicab, a card of at least three inches in height by at least five
inches in length containing the name of the taxicab owner, the taxicab
owner's license number of the vehicle, the year of issuance and the
number of passengers that can be lawfully transported in such taxicab.
B.
Each driver shall be required to carry and display
in the taxicab he or she is operating an identification card at least
three inches in height by at least five inches in length which contains
a photograph of the driver, the name of the driver and his or her
taxicab driver's license number.
C.
Every taxicab so licensed shall have painted on the
outside of the taxicab, on both sides thereof, the word "Taxi," "Cab"
or "Taxicab" in letters at least four inches in height as well as
the name under which the owner is operating the said vehicle; or,
in the alternative, shall have on the top of each taxicab a sign at
least 12 inches in width by six inches in height made of plastic on
which there shall be painted the word "taxi" and the name of the company
in black letters. The sign shall be illuminated by a white bulb when
the taxicab is in service.
D.
Every taxicab so licensed shall have a decal or other
form of identification placed on the exterior thereof in a format,
location and size to be prescribed by the Borough which clearly identifies
that vehicle is duly licensed by the Borough of Clayton. At the time
of the licensing of the taxicab, the owner shall present the taxicab
to the Chief of Police of the Borough of Clayton or to such officer
of the Glassboro Police Department that the Chief shall designate,
and such officer shall place the decals on the taxicab.
Drivers of taxicabs shall not receive or discharge
passengers in the roadways, but shall pull up to the right-hand sidewalk
as near as possible or, in the absence of a sidewalk to the extreme
right-hand side of the road and there receive or discharge passengers,
except on one-way streets where passengers may be received or discharged
on either the right- or left-hand sidewalk or side of the roadway
in the absence of a sidewalk.
The owner and operator of each taxicab operating
in the Borough shall keep the taxicab in good running order so that
it makes a presentable appearance and affords comfortable and safe
rides to passengers and remains free from mechanical defects which
would affect the safety of the passengers. The owner of each taxicab
shall have each taxicab presented to the Chief of Police or other
designated police officer prior to the issuance or renewal of the
taxicab owner's license and thereafter upon the request of the Chief
of Police or other police officer so that it may be inspected to determine
whether it complies with the provisions of this chapter.
No owner or driver of any taxicab shall induce
any person to employ him or her by knowingly misinforming or misleading
any such person as to time and place of departure of any airplane
or other regularly scheduled mode of transportation or as to the location
of any hotel, motel, public place or private residence within this
Borough, nor shall any such owner or driver deceive any person or
make false representations to any person or convey any passenger to
any other place or over any street other than to which the passenger
may have instructed the driver to go. Every owner and driver shall
be responsible to see to it that all passengers are carried in a safe
manner and by using a reasonable and direct route from point of origin
to point of destination. No taxicab shall, at any time, carry more
than the vehicle is designed to or is licensed for, but in no event
shall any one taxicab carry more than five passengers, excluding the
driver.
A.
The annual taxicab owner's license shall be $100 per
year per taxicab. The license shall be effective for a period commencing
July 1 of the current calendar year to June 30 of the following calendar
year. This license is nontransferable.
B.
There shall be a transfer fee of $15 for the issuance
of a taxicab owner's license for a vehicle replacing that originally
licensed. This tee shall be for the administrative cost involved in
processing the vehicle. This license is nontransferable.
C.
The annual taxicab driver's license shall be $50 per
year. The license shall be effective for a period commencing July
1 of the current calendar year to June 30 of the following calendar
year. This license is nontransferable.
A.
Every operator of a taxicab, immediately after the
discharge of a passenger, must search that taxicab for any property
lost or left therein, and any such property found, unless sooner claimed
or delivered to the owner, must be reported, in writing by the operator
or owner of the taxicab, to the Municipal Clerk with the particulars
and description of the property within 12 hours after finding thereof.
B.
Official notice will be taken of any misconduct, deceit,
fraud, subterfuge or actions of the driver which are against the best
interest of the public, even though not specifically mentioned in
the rules. Any violation of these rules may result in the suspension
or revocation of license.
C.
Holders of taxicab owners and/or driver's license
prior to the effective date of this chapter shall have 30 days from
the effective date hereof to comply with the requirements set forth
herein before any penalty may be imposed for violations hereof:
D.
The license of any taxicab owner or driver who does not comply with the requirements of this section as set forth herein shall be subjected to penalties provided for in § 90-19.
E.
The requirements of this section shall be strictly
applied to any applicant for licensure or renewal of any license after
the effective date and grace period provided for by this section.
F.
No taxicab shall be operated within the Borough of
Clayton unless both the taxicab and the operator hold valid licenses
as described herein.
A.
The number of taxicab owner's licenses that may be
issued in any one year shall be limited to two and the number of taxicabs
allowed per taxicab owner's license shall be two.
B.
The number of owner's licenses that may be issued
in any one year to the same owner, corporation, partnership or any
other business entity shall be limited to one.
C.
There shall be a limit of two taxicab driver's licenses
issued.
A.
A taxicab owner's and/or driver's license which is
not operational for a period of 12 consecutive months shall automatically
revert to the Borough without notice or hearing.
B.
Any taxicab owner's license which reverts back to
the Borough in accordance with this section may thereafter be issued
by the Borough to any qualified person.
In the event that a taxicab is being operated by a party who does not have a taxicab driver's license, as defined in this chapter, both the driver and the owner of the taxicab shall be subject to the penalty provisions set forth in § 90-19 of this chapter.
A.
Every person or persons, firm or corporation found guilty in a municipal court of competent jurisdiction of violating any of the provisions of Chapter 90 shall be:
(1)
Fined not less than $100 or more than $500; and/or
(2)
Imprisoned for a period not to exceed 30 days; and/or
(3)
Required to complete community service for not less
than five days nor more than 30 days; and/or
(4)
Have his or her owner's and or driver's license suspended
for a period not to exceed 60 days; and/or
(5)
Have a recommendation of a revocation for his or her
owner's and/or driver's license forwarded to the Borough Council.
B.
Each succeeding day of a violation shall be construed
as a new violation.
No taxicab owner's license or taxicab driver's
license shall be required for the following:
A.
Transporting a passenger(s) pursuant to the definitions
section of this chapter from a point outside of the Borough limits
to a point inside the Borough limits wherein the passenger(s) is/are
discharged.
B.
Transporting a passenger(s) pursuant to the definitions
section of this chapter from a point outside the Borough limits to
a point inside the Borough limits wherein the passenger(s) is/are
discharged and the taxicab waits for the passengers to reboard for
a return trip to another location if the passengers agree to allow
the taxicab driver to continue to run the taxicab meter during all
stops within the Borough.
C.
Transporting a passenger(s) pursuant to the definitions
section of this chapter from a point outside of the Borough limits
to a point inside the Borough limits wherein the passenger(s) has/have
agreed to a flat fee for all services rendered by the taxicab driver
before entering the Borough limits.
Nothing in this chapter shall be construed to
exempt any person, firm, or corporation owning or operating a taxicab
from complying with the laws relating to the ownership, regulation
and operation of automobiles in the State of New Jersey.
