[1967 Code § 9-1]
As used in this section, the following words shall have the
meanings indicated:
CRUISING
The driving of an empty taxicab along a public street at
a slow rate of speed for the obvious purpose of soliciting passengers.
OPERATION
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 Department of Motor Vehicles, or who appears in
the department'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.
[1967 Code § 9-2]
No person shall operate a taxicab within the Borough of Bound
Brook unless both the owner and the driver of the taxicab are licensed
under this section.
[1967 Code § 9-4.1; 1967 Code § 9-4; Ord. No. 05-03 § 1; Ord. No. 07-03; Ord. No. 2009-15]
a. Application of information. An application for a taxicab owner's
license shall be made to the Municipal Clerk upon forms provided by
him and shall contain the following information:
1. The name and address of the applicant. If the applicant is a corporation,
its name, the address of its principal place of business, and the
name and address of its registered agent.
2. A statement as to whether the applicant has ever been convicted of
violating any criminal or quasi-criminal statute, including traffic
laws and municipal ordinances. If the applicant has been convicted,
a statement as to the date and place of conviction, the nature of
the offense, and the punishment imposed.
3. The number of vehicles to be operated or controlled by the applicant
and the location of any proposed depots or terminals.
4. The previous experience of the applicant in the transportation of
passengers for hire, including the name of any other State or municipality
where the applicant has ever been licensed to operate a taxicab, whether
his license was ever suspended or revoked, or his application for
the issuance or renewal of a license denied, and the reasons for the
denial, suspension or revocation.
5. Appropriate evidence as to the applicant's good character and business
and financial responsibility so that an investigator will be able
to properly evaluate it.
6. Appropriate evidence that the applicant is insured as required by
N.J.S.A. 48:16-3, et seq.
7. Any other appropriate information which the Mayor and Council may
by resolution require.
b. Applications shall be verified by oath or affirmation. Application
by a partnership shall give the information required by this subsection
for each partner and shall be verified by all partners. Application
by a corporation shall give the information required for and be verified
by all officers and directors and all persons holding more than 10%
of the corporation's common stock.
c. Investigation. The Chief of Police or a Police Officer designated
by him shall also institute an investigation of the facts stated in
the application and shall evaluate the application in the light of
the criteria set forth in paragraph a above. 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 Mayor and Council
at least three days before the date set for a hearing. A copy of the
report shall also be sent to the applicant.
d. Notice of hearing. The Chief of Police shall advise the Mayor and
Council of the filing of an application for a new license. The Mayor
and Council shall set a date for a hearing on the application and
shall notify the applicant. The date set shall be within a reasonable
time after the filing of the application. The applicant shall cause
a notice of the time and place of hearing to be published once in
a newspaper circulating in the Borough of Bound Brook at least three
days before the date set for the hearing.
e. Conduct of hearing. At the hearing any person who is a resident or
taxpayer of the Borough of Bound Brook may appear in person and make
a brief statement or submit a written statement in support of or in
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 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 proceeding. This subsection shall not prevent the
Mayor and Council from imposing reasonable limits on the number of
witnesses appearing in favor of or against the granting of the license,
the time allowed for each side to present its case, or for the examination
or cross-examination of any witness, or from imposing any other restriction
which is necessary to insure that the hearing is conducted in an orderly,
fair and expeditious manner.
f. Issuance of license. The Mayor and Council shall by resolution grant
or deny the application. If the application is granted, the Borough
Clerk shall issue the license upon receiving from the applicant satisfactory
proof that he has complied with the laws of the State of New Jersey
relating to the operation of taxicabs. The license shall state the
name and address of the licensee, the number of vehicles which the
licensee is authorized to operate, and the date of issuance.
g. License term; fees. A taxicab owner's license shall expire on December
31 of the year of issuance. Application for renewal shall be made
in the same manner as application for initial license except that
no hearing shall be required. Such renewal applications must be presented
to the Mayor and Council at its first regular meeting in the month
of December of each year. The fee for a taxicab owner's license shall
be $200 per year payable upon the filing of the application for the
issuance or renewal of the license. The fee shall not be prorated.
h. Restrictions. The number of taxicab owner's licenses outstanding
at any one time shall not exceed six licenses, and no person shall
control more than one taxicab owner's licenses at any one time. A
licensee shall be authorized to operate no more than three taxicabs.
[1967 Code § 9-5; Ord. No. 05-03 § 1; Ord. No. 05-15; Ord. No. 2009-15]
a. Application; fee. An application for a taxicab driver's license shall
be made to the Chief of Police upon forms provided by him and shall
contain the following information:
1. The name, address and age of the applicant.
2. The number of the applicant's New Jersey motor vehicle operator's
license.
3. A statement as to whether the applicant has ever been convicted of
the violation of any criminal or quasi-criminal statute, including
municipal ordinances and traffic laws. If the applicant has been convicted,
the date and place of the conviction, the nature of the offense and
the punishment imposed.
4. A list of all the places where the applicant has ever applied for
or been granted a license to drive a taxicab.
5. A statement as to whether the applicant's license to operate a motor
vehicle or his license to drive a taxicab has ever been suspended
or revoked, or his application for the issuance or renewal of either
license denied and, if so, the date and place of the denial, suspension
or revocation and the reasons therefor.
6. The names and addresses of all persons by whom the applicant has
been employed for the past five years, the positions held, and the
nature of the work performed.
7. Three photographs at least two inches by two inches clearly showing
the head and shoulders of the applicant.
8. Appropriate evidence that the applicant is not a narcotics addict,
alcoholic or habitual drunkard, is of good moral character and clean
in dress and person.
9. The applicant shall be fingerprinted and the fingerprints immediately
processed for classification and identification.
b. Fee. The application shall be accompanied by a fee of $200 for the
initial license period.
c. Examination. At the time of the filing of the application, the Chief
of Police or a Police Officer designated by him shall give the applicant
a written or oral examination designed to test the applicant's knowledge
of the provisions of this section, the Motor Vehicle Act, the Traffic
Act, and other ordinances and regulations having to do with traffic
and the geography of the Borough.
d. Investigation. The Chief of Police or a Police Officer designated
by him shall conduct an investigation of the facts stated in the application
and shall report the results to the Mayor and Council within a reasonable
time. The report shall include a recommendation that the license be
granted or denied and the reasons for the recommendation.
e. Consideration of application; issuance of license. The Mayor and
Council shall, at their first regular meeting after receiving the
report of the Chief of Police, consider the application and either
grant or deny the license.
f. Contents of license. Upon approval of the application by the Mayor
and Council, the Borough Clerk shall immediately issue the applicant
a taxicab driver's license. The license shall contain the licensee's
name and address, physical description, signature and photograph.
g. Term of license; renewal fee. An initial license to drive a taxicab
shall be valid for the remainder of the calendar year in which it
was issued. A taxicab driver's license may be renewed annually upon
the payment of a $50 fee unless it has been revoked or suspended.
[1967 Code § 9-6.1]
The maximum rate of fare for trips originating and terminating
within the Borough shall be $2 for the first passenger and $0.50 for
each additional passenger carried from the same point of origin to
the same destination at the same time. In the case of trips not covered
by the provisions of this subsection, the fare shall be set by agreement
between the driver of the taxi and his passenger.
[1967 Code § 9-6.4]
Every vehicle operated under a taxicab license issued by the
Borough shall be subject to inspection at all reasonable times by
any Police Officer of the Borough.
[1967 Code § 9-6.6]
Every license issued under this section shall apply only to
the person to whom it is issued and shall not be transferable.
[1967 Code § 9-6.7]
Each taxicab driver at the beginning and end of his tour of
duty shall carefully search the cab for any property lost or left
in it. Any lost property not claimed or delivered to the owner within
24 hours shall be reported in writing to the Chief of Police by the
driver or owner of the taxicab. The report shall give brief particulars
and a description of the property.
[1967 Code § 9-6.8]
Each vehicle licensed as a taxicab under this section shall
carry the following equipment:
a. A fire extinguisher of the size, design and type approved by the
Chief of the Fire Department of the Borough.
b. A dome-lite lettered "taxi" or "taxicab" which shall be lit during
the hours of darkness.
[1967 Code § 9-7.2; Ord. No. 05-03 § 1]
An application for a driver's license may be denied and an issued
license may be suspended or revoked for any of the following reasons:
a. Revocation or suspension of the applicant's or licensee's New Jersey
Motor Vehicle Operator's License.
b. Contraction by the applicant or licensee of a communicable or contagious
disease.
c. Operating a taxicab in a reckless or grossly negligent manner, or
habitually operating a taxicab in a negligent manner.
d. Misrepresenting any fact on an application for a license.
e. A conviction for violation of N.J.S.A. 39:4.50 during the immediately
preceding five-year period.
f. A conviction for violation of N.J.S.A. 39:3-40 during the immediately
preceding two-year period.
g. A conviction for violation of N.J.S.A. 39:4-96 or N.J.S.A. 39:4-97
during the immediately preceding one-year period. A conviction for
any criminal offense during the immediately preceding two-year period.
[1967 Code § 9-7.3]
The procedure for suspending or revoking a license to drive or operate a taxicab shall be the same as that set forth in Section
4-1 for the revocation of licenses issued under this chapter.
[Ord. No. 03-14; Ord. No. 2009-15]
Any applicant for issuance of a limousine license pursuant to
N.J.S.A. 48:16-17 shall pay a fee of $100 to the Borough Clerk upon
the filing of the required insurance policy.
[Ord. No. 2015-20 § 1]
The purpose and intent of this Section
4-25 is to assist law enforcement officials and victims of crime in recovering stolen precious metals and other secondhand goods by requiring minimum identification, reporting, maintenance and distribution criteria for licensed dealers in these goods.
No person shall use, exercise, or carry on the business, trade, or occupation of buying, selling, or pawning precious metals or other secondhand goods without complying with the requirements of this Section
4-25 in the exact manner described herein.
[Ord. No. 2015-20 § 1]
ACCEPTABLE IDENTIFICATION
A current valid New Jersey Driver's License or Identification
Card, a current valid photo driver's license issued by another state
in the United States, a valid United States Passport, or other verifiable
United States Government issued identification, which will be recorded
on the receipt retained by the dealer and subsequently forwarded to
the local Police Department on request.
DEALER
Any person, partnership, limited liability company, corporation,
or other entity who, either wholly or in part, engages in or operates
any of the following trades or businesses: buying, for purposes of
resale, precious metals, jewelry, or other secondhand goods as defined
herein; pawnbrokers as defined herein; itinerant businesses as defined
herein. For purposes of this section, transient buyers, as defined
herein, are subject to the same licensing and reporting requirements
as any other dealers.
ITINERANT BUSINESS
A dealer who conducts business intermittently within the
municipality or at varying locations.
MUNICIPAL CLERK
The Borough Clerk of the Borough of Bound Brook whose duties
are defined in N.J.S.A. 40A:9-133.
PAWNBROKER
Any person, partnership, association or corporation lending
money on deposit or pledge of personal property, other than choses
in action, securities, or printed evidences of indebtedness; purchasing
personal property on condition of selling it back at a stipulated
price; or doing business as furniture storage warehousemen and lending
money on goods, wares or merchandise pledged or deposited as collateral
security.
PRECIOUS METALS
Gold, silver, platinum, palladium, and their alloys as defined
in N.J.S.A. 51:5-1 et seq. and N.J.S.A. 51-6-1 et seq.
PUBLIC
Individuals and retail sellers, not to include wholesale
transactions or transactions between other merchants.
REPORTABLE TRANSACTION
Every transaction conducted between a dealer and a member
of the public in which precious metals, jewelry, or any other secondhand
goods as defined herein are purchased or pawned.
SECONDHAND GOODS
Used goods such as antiques, gold, silver, platinum, or other
precious metals, jewelry, coins, gemstones, gift cards, any tools,
telephones, typewriters, word processors, GPS devices, computers,
computer hardware and software, television sets, radios, record or
stereo sets, electronic devices, musical instruments, sporting goods,
automotive equipment, collectibles, game cartridges, DVDs, CDs, and
other electronically recorded material, firearms, cameras and camera
equipment, video equipment, furniture, clothing, and other valuable
articles. For purposes of this section, secondhand goods shall not
include goods transacted in the following manner: i) judicial sales
or sales by executors or administrators; ii) occasional or auction
sales of household goods sold from private homes; iii) auctions of
real estate; iv) the occasional sale, purchase, or exchange of coins
or stamps by a person at his/her permanent residence or in any municipally-owned
building who is engaged in the hobby of collecting coins or stamps
and who does not solicit the sale, purchase, or exchange of such coins
or stamps to or from the general public by billboard, sign, handbill,
newspaper, magazine, radio, television, or other form of printed or
electronic advertising.
SELLER
A member of the public who sells or pawns used goods such
as precious metal, jewelry, or other secondhand goods to a dealer.
TRANSIENT BUYER
A dealer, as defined herein, who has not been in a registered
retail business continuously for at least six months at any address
in the municipality where the dealer is required to register or who
intends to close out or discontinue all retail business within six
months.
[Ord. No. 2015-20 § 2]
No person, partnership, limited liability company, corporation, or other entity shall engage in the business of buying, selling, or pawning of precious metals or other secondhand goods, as defined above, within the jurisdiction of the Borough of Bound Brook, without having first obtained a license therefor from the Municipal Clerk, which license shall bear a number issued by the Municipal Clerk. The application for a license to the Municipal Clerk shall set forth the name, date of birth, and address of the dealer, whether or not he or she is a citizen of the United States, and whether or not he or she has ever been convicted of any crime(s), disorderly persons offense(s), or municipal ordinance violation(s), and the date(s) thereof. Advertising in any print or electronic media or by sign that any of those articles or secondhand goods are being bought in any location within the Borough shall constitute engaging in business as a dealer of Secondhand Goods for purposes of this Section
4-25. No person, partnership, limited liability company, corporation or other entity shall place or cause to be placed any advertisement for purchase of such articles or goods without stating in the advertisement the license number issued to a person or entity by the Borough. In any print advertisement, the license number shall appear in type no smaller than eight point in the lower-right-hand corner of the advertisement. In any advertisement in electronic media, the license number shall be visually or audibly stated. Failure to state or indicate the license number shall be a violation of this Section
4-25 and shall be subject to the penalties established in Subsection
4-25.8.
[Ord. No. 2015-20 § 4]
For every reportable transaction between a dealer and the public,
the dealer shall be required to do as follows:
a. Require of each person selling or pawning precious metals or other secondhand goods acceptable identification as defined in Subsection
4-25.1A.
b. Require each seller to execute a "Declaration of Ownership," which
shall contain the following certification: "My signature confirms
that I am the sole legal owner of and am legally authorized to sell
the goods being sold. By signing below I certify that I did not obtain
and do not possess the identified goods through unlawful means. I
am of the full age of 18 years, and the identification presented is
valid and correct."
c. Record and issue to each person selling or pawning such goods on
a sequentially numbered receipt:
1. The name, address, and telephone number of the purchaser, including
the clerk or employee of the licensee making the purchase;
2. The name, address, date of birth, and telephone number of the seller
or sellers;
3. A photographed recording of the seller in a format acceptable to
the Chief of Police, along with a physical description of the seller,
including height and weight (approximate), hair color, eye color,
facial hair, if any, etc.;
4. A photographed recording of the seller's presented acceptable identification,
as defined in Subsection 4-25.1a., in a format acceptable by the Chief
of Police;
5. A photographed recording of all items sold in a format acceptable
by the Chief of Police. When photographing, all items must be positioned
in a manner that makes them readily and easily identifiable. Items
should not be grouped together when photographing or imaging. Each
item should have its own photograph;
7. A detailed, legible description of the item(s) and the manufacturer
and model of the item(s) if known; in the case of jewelry, the descriptions
must include style, length, color, design, and stones, if any; any
identifying marks, including numbers, dates, sizes, shapes, initials,
names, monograms, social security numbers engraved thereon, serial
numbers, series numbers, or any other information, which sets apart
the particular object from others of like kind;
8. The price paid for the purchase or pawn of the item(s); if precious
metals, the net weight in terms of pounds Troy, pennyweight (Troy)
or kilograms/grams; fineness in terms of karats for gold, and sterling
or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq. and
N.J.S.A. 51:6-1 et seq.;
9. The time and date of the transaction.
d. The information outlined in paragraph c above, must additionally be electronically documented through the use of an electronic database system authorized by the Chief of Police. Installation and training in this software will be made mandatory as of the effective date of this Section
4-25, and licensing will be conditional upon compliance with proper use of the system as described herein. These records shall be subject to the inspection of any authorized police officer or any sworn law enforcement officer acting in the performance of their duty as set forth in paragraph f., below. Through the use of applicably required computer equipment, and using the electronic format approved by the Chief of Police, every dealer shall enter all reportable transactions into the electronic database by the end of the close of business on the same date as the purchase or receipt of property for pawn or consignment. The information entered must contain all pertinent information outlined in paragraph c above.
e. In the event of a database failure, or dealer's computer equipment malfunction, all transaction information is required to be submitted on paper forms approved by the Chief of Police within 24 hours from the date of purchase. In the event that paper forms are used the dealer is responsible to enter all transaction information set forth in paragraph c., above, into the database as soon as possible upon the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty computer equipment, may result in the dealer being cited for a violation of this Section
4-25, and subsequently being subject to the penalties for doing so including revocation of the dealer's license as described in Subsection
4-25.5.
f. It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to the premises during business hours any member of the Police Department to examine any database, book, ledger, or any other record on the premises relating to the reportable transactions of precious metals or other secondhand goods, as well as the articles purchased or received and, where necessary, relinquish custody of those articles as provided in Subsection
4-25.5. Itinerant businesses and transient buyers will be responsible for notifying the Chief of Police of the address where these records and articles will be stored.
[Ord. No. 2015-20 § 6]
Each dealer covered under this Section
4-25 shall deliver a bond to the Municipal Clerk executed by the applicant as principal and executed by a surety company authorized to do business under the laws of the State of New Jersey as surety. The bond shall be subject to review and approval by the Municipal Attorney, as defined in N.J.S.A. 40A:9-139, and shall be in the penal sum of $10,000, conditioned for the due and proper observance of and compliance with the provisions and requirements of all ordinances of the Borough in force or which may be adopted respecting the conduct of this business and conditioned also that the bond shall be and remain for the benefit of any person or persons who shall have received judgment against the dealer licensed under this Section
4-25, which damage shall be established by a judgment of a court of proper jurisdiction. Said bond shall contain the following language: "The obligation of this bond shall, in addition to the Borough of Bound Brook, be and remain for the benefit of any person who shall obtain a judgment against obligor as a result of damage sustained in operation pursuant to any license granted under Section
4-25 of the Borough Code of the Borough of Bound Brook." Said bond shall be kept for a minimum of one year from the date of issuance of license and must be renewed annually along with the license.
[Ord. No. 2015-20 § 7]
A nonrefundable fee for initial application and license for a pawnbroker or a dealer in precious metals or other secondhand goods, as covered under this Section
4-25, is $300. The annual renewal fee for a license is $300. These fees are separate from and in addition to any fees the dealer must pay in relation to the mandatory electronic database system designated by the Chief of Police, as provided by Subsection
4-25.4d of this Section
4-25. Payments are to be made in the manner directed by the Municipal Clerk. A license is valid for a one-year period from the date of its issuance.
[Ord. No. 2015-20 § 8]
Violation of any provision of this Section
4-25 by any dealer shall, upon conviction thereof, be punished by a fine not in excess of the limitations of N.J.S.A. 40:49-5 or by a term of imprisonment or a period of community service not exceeding 90 days in addition to a suspension or revocation of operating license as provided in paragraphs f and g of Subsection
4-25.5, above. Each and every violation shall be considered a separate violation. Each violation shall result in an additional suspension period. Any person who is found guilty of violating the provisions of this Section
4-25 within one year of the date of a previous violation and who was fined for the previous violation may be sentenced by the court to an additional fine as a repeat offender and in addition, may be subject to revocation proceedings as provided in paragraph g of Subsection
4-25.5. The additional fine imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided herein, and same shall be calculated separately from the fine imposed for the violation of this chapter.