As used in this chapter, the following terms shall have the
meanings indicated:
OPERATION OF 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 Division of Motor Vehicles or who appears in the
Division's records to be a conditional vendee or lessee or has
any other proprietary interest in a taxicab.
TAXICAB, TAXI or LIMOUSINE
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.
[Amended 9-18-1996 by Ord. No. 2016]
No person shall operate a taxicab as owner or operator from
a point within the Borough without first obtaining a license.
[Amended 9-18-1996 by Ord. No. 2016]
A. A taxicab or limousine driver's license or any renewal thereof
shall be issued by the Borough Clerk. No approval by the Borough Council
shall be required. The Clerk shall refuse to issue such license under
the following circumstances:
(1) The applicant has more than two moving traffic violations in the
prior three years.
(2) There is evidence of a conviction of a motor vehicle offense during
the prior five years, involving reckless driving, leaving the scene
of an accident or operation of a motor vehicle under the influence
of alcohol or a controlled dangerous substance.
(3) The certificate from the physician or ophthalmologist is not satisfactory.
(4) There is evidence of conviction of a crime involving moral turpitude,
violence or threat of violence.
(5) There is evidence that the application contains any materially false
statements.
(6) There is failure to comply with any other provisions of this chapter.
B. In the event that the application for a taxicab or limousine driver's
license is refused by the Borough Clerk or revoked by the Clerk as
provided herein, the applicant shall have the right to appeal to the
Mayor and Council for review. Such appeal shall be in writing and
set forth the basis therefor and shall be made within 60 days of such
refusal.
C. Form and content of license. The license shall be in writing, numbered,
in triplicate and signed by the Borough Clerk on a form provided by
the Borough and shall contain the following information: name, address,
taxicab or limousine owner by whom employed, state driver's license
number and badge number.
Every person or corporation licensed under this chapter shall
cause such license to be conspicuously displayed on the inside of
each licensed vehicle. The license shall state the name of the person
or corporation licensed, the name of the drivers authorized to operate
the licensed vehicle, the number of the license and a schedule of
the rates of fare.
[Amended 9-18-1996 by Ord. No. 2016; 7-16-2003 by Ord. No. 2191; 2-18-2009 by Ord. No. 2324-09]
The license required by this chapter shall be issued to and
in the name of the owner of the taxicab or limousine and shall be
issued for one year from the first day of March of the year of such
issuance.
[Amended 9-18-1996 by Ord. No. 2016; 7-16-2003 by Ord. No. 2191; 2-18-2009 by Ord. No. 2324-09]
The initial license fee shall be $96 for each vehicle, payable
with the filing of the application. Said fee shall be prorated at
the rate of $8 per month should an applicant file after March 1. All
renewals shall be at the rate of $80 for each vehicle. Duplicate copies
may be issued for a fee of $8 for each vehicle.
[Amended 9-18-1996 by Ord. No. 2016]
No taxicab or limousine license shall be issued until the owner
of the vehicle shall have filed with the Borough Clerk a public liability
and property damage insurance policy in standard form which shall
comply with the following requirements:
A. An insurance policy issued by an accredited insurance company authorized
to transact the business of casualty insurance in the state and acceptable
to the town, covering each vehicle, shall be required, which policy
shall cover the period included in the license to be issued by the
Borough. Each such policy shall run concurrently with the fiscal year
for which a license has been issued.
B. Such insurance policy shall insure the owner and driver of such vehicle
with a minimum limit for each accident for bodily injury of $100,000
to any one individual or total of $300,000 for all persons injured
with a property damage loss in the minimum amount of $50,000. If said
policy is a single-limit policy, this single limit shall not be less
than $300,000.
C. Each such insurance policy shall contain a provision to the effect
that the same cannot be canceled, except on at least 30 days'
notice, in writing, by the insurance company to the Borough Clerk
of the intention of such insurance company to cancel the same.
D. No insurance policy shall be acceptable if the insurance coverage
is for private livery only, unless such policy expressly contains
a waiver by the insurance company that if the vehicle insured is operated
in violation of the coverage intended, the company will not claim
such violation to avoid liability thereunder.
E. In the event that any insurance policy covering any such vehicle
used for the transportation of passengers for hire shall lapse or
shall be canceled by the issuing company, then the taxicab license
issued by the town shall thereupon become void, and the owner of such
vehicle shall be required to immediately turn such license in to the
Borough Clerk.
[Amended 9-18-1996 by Ord. No. 2016]
The Council may, upon notice and hearing, revoke the license
of any licensee issued under the provisions of this chapter if he
shall fail or neglect to operate a taxicab or limousine for a period
of 30 days and may revoke any such license for cause after notice
and hearing.
Every licensed taxicab driver shall obey the following rules
and regulations:
A. When engaged by passengers in the operation of the taxicab and limousine,
all drivers shall be neat in appearance, clean of body and shall refrain
from smoking and using profane, abusive or insulting language.
B. A driver shall not consume any intoxicating liquor or any controlled
dangerous substance while operating the vehicle, and a driver shall
not operate a vehicle while under the influence of a controlled dangerous
substance or intoxicating liquor to any degree.
C. No driver shall convey more passengers at any one time than the seating
capacity of the vehicle.
D. A driver shall not solicit patronage or passengers at any locations
except those provided for in this chapter.
E. A driver shall thoroughly search the interior of the vehicle immediately
after the termination of each trip and note if the passenger has left
any article therein. Any property so found shall be taken to police
headquarters and turned in to the officer in charge within 24 hours.
F. A driver shall not refuse service to any person unless he has previously
been engaged or unless the person seeking service is disorderly or
under the influence of intoxicating drugs or liquors. When serving
more than one passenger, the driver must serve the passenger requesting
service first, unless mutually agreed with the first passenger to
do otherwise.
G. If the driver carries an AM or FM radio or tape player in the cab,
as permanent equipment or otherwise, it shall not be played while
conveying passengers unless the passenger requests that it be played.
No license issued under the provisions of this chapter may be
transferred.
[Amended 9-18-1996 by Ord. No. 2016]
No one may operate a taxicab from Residence A, B, C, D or E
Zone.
A person violating any of the provisions of this chapter shall,
upon conviction thereof, be subject to a fine not exceeding $500 or
imprisonment for a term not exceeding 90 days, or both. Each day a
violation of this chapter continues shall constitute a separate offense.