Borough of Wharton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and the Council of the Borough of Wharton 9-25-2017 by Ord. No. O-13-17. Amendments noted where applicable.]
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
Borough of Wharton.
DRIVER
Any person who drives a taxi/autocab within this Borough.
OPERATION
Shall consist of transporting in such taxi/autocab of one or more persons for hire. A taxi/autocab which is operated or run over any street within the Borough to seek or accept passengers for transportation from points or places to points or places within or outside the Borough shall be deemed to be operation of a taxi/autocab within the Borough. A taxi/autocab parked or idling on a Borough street or accepting a passenger for hire from a point of departure within the Borough shall be deemed to be operation. Operation of a taxi/autocab by one other than the owner shall be deemed operation by the owner, as well as operation by the person actually driving the taxi/autocab. The transportation in or through the Borough of any person other than the owner or driver of any motor vehicle bearing signs therein or thereon using the word "taxi," "cab," "autocab," "car service," "hack," "dial a ride," "call a ride," "transport," "transport vehicle," "car service" or "transportation" shall be prima facie evidence of operation.
OWNER
Any person, corporation, business entity or association in whose name title to any taxi/autocab is registered with the New Jersey Motor Vehicle Commission, or who appears in any governmental records to be the conditional vendee or licensee thereof.
PERSON
Includes any individual, co-partnership, association, corporation or joint stock company, their lessees, trustees or receivers appointed by any court whatsoever.
TAXI/AUTOCAB
Includes any automobile 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 within the Borough and which accepts or discharges passengers for transportation from points or places to points or places within or outside the Borough. "Taxi/Autocab" shall not include a limousine as defined by N.J.S.A. 48:16-3.
A. 
No person shall operate any taxi/autocab within the Borough unless the company, taxi and driver are currently licensed in good standing in a municipality which shares any part of a common border with the Borough and has received an intra-municipal taxi/autocab license in accordance with this chapter and said person or corporation conforms to all of the laws and regulations of the State of New Jersey.
A. 
All taxi/autocab owners and operators operating within the Borough shall be licensed in accordance with the provisions of this chapter.
B. 
There are hereby established one class of taxi/autocab licenses in the Borough as follows:
(1) 
Intra-municipal taxi/autocab license. This license shall entitle the vehicle therein listed and described to be used as a taxi/autocab and operated in this Borough by a driver duly licensed hereunder.
A. 
Application form.
(1) 
Each applicant for the issuance or renewal of a license shall supply, in full, the information requested on the application forms approved by the Chief of Police and obtained from the Borough Clerk, and shall verify the correctness thereof by certification. The completed application must be filed with the Borough Clerk, together with the fee hereinafter fixed.
B. 
Applications for intra-municipal taxi/autocab licenses shall be filed with the Borough Clerk at any time, but no taxi/autocab shall be operated in the Borough until the intra-municipal taxi/autocab is licensed in accordance with this section each year.
C. 
There shall be a maximum of 60 intra-municipal taxi/autocab licenses available for issuance. Said number may be increased (or decreased) subject to the discretion of the Borough in accordance with N.J.S.A. § 48:16-2.1 et seq.
D. 
Requirements for intra-municipal taxi/autocab licenses. Each applicant for an intra-municipal taxi/autocab license must meet all requirements of the original licensing municipality and be in good standing to be considered for issuance of a license.
(1) 
Be of the age of 21 years, or over.
(2) 
Fully complete an application form provided by the Borough Clerk, which shall be signed and sworn to or certified by the applicant and filed with the Borough Clerk as a permanent record.
(3) 
Insurance.
(a) 
Each applicant for an intra-municipal taxi/autocab license shall, together with the application, submit the insurance policy required by N.J.S.A. 48:16-3 et seq., covering the taxi/autocab sought to be licensed; and each applicant shall then and thereafter comply with all of the provisions of N.J.S.A. 48:16-1 et seq., as well as the acts amendatory thereof or supplemental thereto.
(b) 
The minimum acceptable insurance liability limit is as follows: Combined single limit coverage, $100,000.
A. 
Upon notification by the Borough Clerk of satisfactory fulfillment of the foregoing requirements, the Chief of Police or his/her designee shall either grant or deny the license application.
B. 
Any license issued pursuant to this section shall expire at midnight of the 31st day of December of the year in which it was issued except for the initial 2017 license, which will expire at midnight of the 31st day of December, 2018.
C. 
Licenses shall not be transferable.
A. 
The annual fee for each intra-municipal taxi/autocab license hereafter issued, or any renewal thereof, shall be $50. The license is not transferable and is granted to a specific vehicle.
A. 
The Chief of Police or his/her designee may, in his/her discretion, refuse to issue or renew, or may revoke or suspend, any owner's license issued hereunder if the applicant or licensee:
(1) 
Has been convicted of a crime in this or any other jurisdiction.
(2) 
Violates any provision of this chapter.
(3) 
Has not complied fully with all of the requirements of this chapter.
(4) 
If the motor vehicle licensed, or to be licensed, has unsafe or unsanitary conditions, or is otherwise dangerous to the safety or health of the occupants or others.
(5) 
If the policy of insurance required by N.J.S.A. 48:16-3 and Section 4(b)(4) of this Ordinance[1] lapses, or such coverage is not maintained at all times.
[1]
Editor's Note: So in original.
(6) 
Has in any degree contributed to any injury to any person, or damage to property, arising out of reckless operation of a motor vehicle pursuant to N.J.S.A. 39:4-96.
(7) 
Uses the vehicle's audible device improperly.
B. 
The licensee may appeal a refusal to renew, revocation, or suspension of his/her license to the Mayor and Council.
A. 
No taxi/autocab shall be operated in the Borough unless the taxi/autocab driver's license (including photographic identification) of the person operating the taxi/autocab is prominently displayed and open to view of passengers in accordance with reasonable procedures of the issuing municipality which shares any part of a common border with the Borough.
B. 
The certificate of insurance required by N.J.S.A. 48:16-6 shall likewise be prominently displayed in accordance with reasonable procedures of the Borough provided by way of written notice to the licensee.
A. 
The owner of a taxi/autocab 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 taxi/autocab shall display on each rear door of the taxi/autocab the name of the municipality or municipalities which has issued the taxi/autocab a taxi license in letters three inches in height.
B. 
Every taxi/autocab or other vehicle required to be licensed under this chapter operating within the Borough shall display a visual identification symbol the design, specification and contents of same, to be determined in the sole discretion of the Borough, by way of a decal or other method which will identify the vehicle as properly and currently licensed. The method of display shall be as determined by the Borough Police Department and communicated in writing to the intra-municipal taxi/autocab license holder which shall be required to adhere to the contents of said notice within seven calendar days of the date of the notice. The Borough may elect to require that the visual identification symbol be made and then affixed to the licensed vehicle by a vendor or vendors of the Borough's designation, all such costs for such production and affixing to the licensed vehicle to be paid by the licensee.
A. 
No cruising. No person shall cruise any street of the Borough in any vehicle, including but not limited to taxi/autocabs, at any time for the purpose of soliciting for one or more persons for transportation for a fee or fare.
B. 
Prearranged pickup. Any taxi/autocab may pick up passengers if the taxi/autocab owner or the owner's agent has been specifically arranged beforehand by the person seeking transportation or someone acting on said person's behalf or such person has otherwise arranged in advance for pick-up at a specific time and place. The taxi/autocab driver must have proof of such prearrangement including at a minimum the full name of the person to be picked up, the full name of the person making the arrangement and a contact phone number for said person.
C. 
All persons shall be picked up or discharged at the curb, or in off-street areas designated by a business establishment for the use of its patrons, and the taxi/autocab shall at no time interfere with traffic on any street.
A. 
Violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty.
B. 
Nothing herein shall preclude the prosecution of any such violation under Title 48 and/or Title 2C of the New Jersey statutes nor restrain or prohibit the Mayor and Council from suspending or revoking any license issued hereunder in accordance with the provisions of this chapter.
A. 
Should any section or provision of this chapter be held invalid in any proceedings, the same shall not affect any other section or provision of this chapter, except insofar as the section or provisions so held invalid shall be inseparable from the remainder of any such section or provision.
B. 
Should any portion of the Borough of Wharton Code, any ordinance, or any part of an ordinance be inconsistent with this chapter, same are hereby repealed.