[Editor's Note: See N.J.S.A. 48:16-1 et seq. for statutory
regulations concerning taxicabs.]
[1972 Code § 10-1]
As used in this chapter, the following words shall have the
meanings indicated:
shall mean the driving of an empty taxicab along a public
street at a slow rate of speed for the obvious purpose of soliciting
passengers.
consists of transporting in a taxicab one (1) or more persons
for hire. Accepting a passenger to be transported for hire from a
point of departure within the municipality to a destination within
or without the municipality shall be considered operation of a taxicab
within the municipality. 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.
shall mean 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.
shall mean 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.
[1972 Code § 10-2]
No person shall operate a taxicab within the municipality unless
both the owner and the driver of the taxicab are licensed under this
chapter.
[1972 Code § 10-3.2]
The holder of a taxicab driver's license shall be entitled
to operate within the municipality any taxicab whose owner has been
licensed under this chapter.
[1972 Code § 10-3.2]
The holder of a taxicab owner's license shall be entitled
to operate a taxicab owned by him within the municipality provided
that the person driving the cab holds a valid taxicab driver's
license.
[1972 Code § 10-4.1]
Application for a taxicab owner's license shall be made
to the Council and filed with the Municipal Clerk upon forms provided
by him and shall contain the following information:
a.
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.
b.
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.
c.
The number of vehicles to be operated or controlled by the applicant
and the location of any proposed depots or terminals.
d.
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.
e.
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.
f.
Any other facts that the applicant believes tend to show why he should
be granted a license.
g.
A full color sketch showing the color scheme of the taxicabs to be
operated by the applicant and another full color sketch of any insignia
or design which the applicant intends to use to identify his taxicabs.
h.
Any other appropriate information which the Council may by resolution
require.
Applications shall be verified by oath or affirmation. Applications
by a partnership shall give the information required by this subsection
for each partner, and shall be verified by all partners. Applications
by corporations shall give the information required for and be verified
by all officers and directors and all persons holding more than ten
(10%) percent of the corporations' common stock as well as the
corporation itself.
[1972 Code § 10-4.2]
The Municipal Clerk shall advise the Council of the filing of
an application. The 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 municipality at
least three (3) days before the date set for the hearing.
[1972 Code § 10-4.3]
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 subsection 9-4.5. 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 Council at least seven (7) days before the date set for the hearing. A copy of the report shall also be sent to the applicant.
[1972 Code § 10-4.4]
At the hearing any person who is a resident or taxpayer of the
municipality may appear in person and make a brief statement or submit
a written statement in support of or opposition to the granting of
a license. In addition, the applicant and any other person who will
be affected by the grant of denial of the license other than as a
municipal resident or taxpayer shall have the right to be represented
by an attorney, to testify himself or to 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 proceedings. This
subsection shall not prevent the 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.
[1972 Code § 10-4.5]
In determining whether to grant or deny the application, the
Council shall take into consideration the following factors:
a.
The character, business and financial responsibility and experience
of the applicant, and the probability that if granted a license, the
applicant will operate his taxicab in accordance with the provisions
of this chapter.
b.
The number of taxicabs already in operation, the need of the public
for additional service, and any increased convenience that would result
to the public if more taxicabs are placed in operation.
c.
Whether any increase in the number of taxicabs operating in the municipality
would produce or substantially increase traffic congestion, including
congestion in the vicinity of railroad stations or other areas where
taxicabs would frequently pick up or discharge passengers, or would
otherwise inconvenience the public.
d.
Any other factors directly related to the grant or denial of the
application which would substantially affect the public safety or
convenience.
[1972 Code § 10-4.6]
The Council shall, by resolution, grant or deny the application.
If the application is granted, the Municipal Clerk shall issue the
license upon receiving from the applicant satisfactory proof that
he has complied with all 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.
[1972 Code § 10-4.7]
No taxicab shall be licensed until an insurance policy or certificate
in lieu thereof, and power of attorney executed, shall be filed with
the Clerk of the municipality as provided for taxicabs pursuant to
the provision of the Revised Statutes of New Jersey 48:16-1 as amended
and supplemented.
[1972 Code § 10-4.8; New]
A taxicab owner's license shall be valid for the remainder
of the calendar year in which it is issued. The license fee shall
be one hundred ($100.00) dollars per year or portion thereof per vehicle,
payable upon the filing of the application for the issuance or renewal
of the license.
[1972 Code § 10-4.9]
A taxicab owner's license may be renewed by the Council
without a hearing upon the licensee's filing with the Municipal
Clerk a sworn statement that there have been no changes in the information
continued in the issuance of the initial application and that he has
continued to comply with all laws of the State of New Jersey relating
to the operation of taxicabs and is not in violation of any provision
of this chapter, and after a report is made by the Municipal Clerk
after investigation that the statements made in connection with the
application for renewal are correct.
[1972 Code § 10-5.1; New]
Applications for a taxicab driver's license shall be made
to the Municipal Clerk upon forms provided by him and shall contain
the following information:
a.
The name, address and age of the applicant.
b.
The number of the applicant's New Jersey motor vehicle operator's
license.
c.
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.
d.
A list of all the places where the applicant has ever applied for
or been granted a license to drive a taxicab.
e.
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 for it.
f.
The names and addresses of all persons by whom the applicant has
been employed for the past five (5) years, the position held, and
the nature of the work performed.
g.
A statement by a physician licensed to practice in the State of New
Jersey certifying that he has examined the applicant on a specified
date which shall not be more than sixty (60) days prior to the filing
of the application and that in his opinion the applicant is not afflicted
with epilepsy, vertigo, heart trouble, or any other infirmity which
would effect his ability to safely operate a taxicab.
h.
Three (3) photographs of the applicant at least two (2) inches by
two (2) inches clearly showing the head and shoulders of the applicant.
i.
Appropriate evidence that the applicant is not a narcotics addict,
alcoholic or habitual drunkard and is of good moral character and
clean in dress and person.
j.
The Chief of Police shall, for proper identification or investigation,
have the applicant fingerprinted and the fingerprints immediately
processed for classification and identification.
The application shall be accompanied by a fee of twenty-five
($25.00) dollars for the initial license period and a twenty-five
($25.00) dollar processing fee.
[1972 Code § 10-5.2]
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 chapter, the Motor Vehicle Act, the Traffic
Act, and other ordinances and regulations having to do with traffic
and the geography of the municipality.
[1972 Code § 10-5.3]
The Chief of Police or a Police Officer designated by him shall
also conduct an investigation of the facts stated in the application
and shall report the results to the Council within a reasonable time.
The report shall include a recommendation that the license be granted
or denied and the reasons for the recommendation.
[1972 Code § 10-5.4]
a.
After considering the facts contained in the application and the
report of the Chief of Police, the Council may grant the application
or they may decide to hold a hearing on this matter.
b.
In the event that the Council decides that a hearing is necessary,
the applicant shall be given at least five (5) days notice of the
fact that a hearing will be held and of its time and place. The applicant
shall also be furnished with a copy of the report of the Chief of
Police.
c.
At the hearing the applicant shall be entitled to be represented
by an attorney, to present witnesses or to testify himself on his
own behalf, to cross-examine any opposing witnesses, and at his own
expense, to have a stenographic record made of the proceedings. After
considering the evidence, the Council shall either grant or deny the
application.
[1972 Code § 10-5.5]
Upon approval of the application by the Council, the Municipal
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.
[1972 Code § 10-5.6; New]
An initial license to drive a taxicab shall be valid for the
remainder of the calendar year in which it is issued. A taxicab driver's
license may be renewed annually unless it has been revoked or suspended
upon the payment of a fee of fifty ($50.00) dollars.
[1972 Code § 10-6.1]
Before any vehicle is used as a taxicab within the Borough,
it shall be inspected by the Chief of Police or a Police Officer designated
by him to ascertain that it is in a safe, clean and sanitary condition
and contains all safety devices required by law.
[1972 Code § 10-6.2]
All taxicabs shall be reinspected annually or more often if
the Council so requires by resolution. In addition, any Police Officer
may inspect any taxicab at any reasonable time to determine if it
is clean, sanitary and in a safe and proper operating condition.
[1972 Code § 10-6.3]
Any taxicab which fails to pass inspection shall be immediately
taken out of service and shall not be operated again within the municipality
until the defects which let to its rejection are corrected. In the
case of minor defects which do not constitute an immediate danger
or safety of the public, the taxicab may continue to operate for a
period of one (1) week at the end of which time it shall be reinspected.
If the defect has not by then been corrected, the vehicle shall immediately
be taken out of service and shall remain out of service until the
defect is corrected.
[1972 Code § 10-7.1]
Each taxicab operated in the Borough shall have a sign painted
on each rear door. The sign shall contain the owner's name and
the words "Taxicab" or "Taxi" in letters, which shall not be less
than four (4) nor more than eight (8) inches in height.
[1972 Code § 10-7.2]
No taxicab operated in the Borough shall imitate the color scheme
or any identifying design or insignia of another taxicab lawfully
operating in the Borough nor shall one (1) taxicab have a color scheme
or identifying design or insignia which is so similar to that of another
taxicab as to be likely to have a tendency to mislead the public.
The person first using a particular color scheme or identifying design
or insignia for his taxicab shall have the prior right to it.
[1972 Code § 10-8.1]
The fare that may be charged by the driver or owner of a taxicab
for a trip wholly within the limits of the Borough shall not exceed
the following:
a.
Passengers. Fifty (50) cents for up to two (2) passengers and twenty-five
(25) cents for each additional passenger.
b.
Luggage.
1.
Brief cases, attaché cases, handbags, and similar small luggage
which normally accompanies the passenger, no charge.
2.
Suitcases, overnight bags and similar luggage in excess of one (1)
piece per passenger, twenty-five ($.25) cents for each piece.
3.
Trunks, fifty ($.50) cents for delivery to the door.
c.
Waiting Time. For shopping or sightseeing tours, four ($4.00) dollars.
[1972 Code § 10-8.2]
Every taxicab shall have displayed in it, in a manner so as
to be easily read by all passengers, a card giving the maximum permissible
rates of fare, and shall accurately quote such rates to interested
callers.
[1972 Code § 10-8.3]
The driver of a taxicab upon request of the passenger shall
give the passenger a receipt for the amount charged. The receipt shall
show the name of the owner, the license number of the taxicab, the
amount of the fare, and the date of the transaction.
[1972 Code § 10-8.4]
No person after hiring a taxicab shall refuse to pay the legal
fare, nor shall any person hire a taxicab with the intent not to pay
the legal fare.
[1972 Code § 10-8.5]
All disputes as to the rate of fare shall, upon request of the
driver or passenger, be determined by the Police Officer in charge
of the municipal Police Station. Failure to comply with officer's
determination shall be a violation of this chapter.
[1972 Code § 10-9.1]
No driver shall permit any additional person to ride in his
taxicab as a passenger unless the person first employing the taxicab
consents to the acceptance of the additional passenger.
[1972 Code § 10-9.2]
Every taxicab shall have in it a card displayed within plain view of all passengers stating its maximum permissible seating capacity. This capacity shall be determined by the Chief of Police or a Police Officer designated by the Chief of Police or a Police Officer designated by him at the time that the vehicle is initially inspected as provided by subsection 9-6.1. No driver shall permit more persons to be carried in his taxicab as passengers than the number stated as the maximum permissible seating capacity.
[1972 Code § 10-9.3]
No driver shall refuse to carry any orderly person to any destination
within the Borough unless previously engaged or unable, or forbidden
by the provision of this chapter to do so.
[1972 Code § 10-9.4]
It shall be a violation of this chapter for any taxicab driver
to solicit business for any hotel or to attempt to divert patrons
from one (1) hotel or another.
[1972 Code § 10-9.5]
No driver of a taxicab shall induce any person to employ him
by knowingly misinforming that person as to the time or place of the
arrival or departure of any train or bus, or as to the location of
any hotel, public place or private residence within the Borough, or
as to the distance between any two (2) points, nor shall any driver
convey a passenger to any other place or over any other route than
that which the passenger may have instructed him to take. Unless otherwise
ordered, a passenger shall be conveyed only over the most direct,
practical route to his destination.
[1972 Code § 10-9.6]
No taxicab while waiting for employment by passengers shall
stand on any public street or space other than at the place designated
as a taxicab stand on any public street or space other than at the
place designated as a taxicab stand, nor shall any driver of a taxicab
seek employment by repeatedly driving his taxicab to and fro in a
short space in front of any theater, hall, hotel, public resort, railroad
station, or other place of public gathering, or by otherwise interfering
with the proper and orderly access to or egress from such places.
No taxicab driver shall engage in the practice commonly known as cruising.
[1972 Code § 10-9.7]
No taxicab shall be permitted to park in the public streets
within the Borough and the Council may, in its discretion, designate
by resolution places off the public streets that may be used for taxi
parking or as a taxi stand.
[1972 Code § 10-10.1]
Every license issued under this chapter shall apply only to
the person to whom it is issued and shall not be transferable.
[1972 Code § 10-10.2]
Every driver licensed under this chapter shall display his driver's
license in such a manner that it can be seen by all persons riding
in his taxicab as passengers. No license shall be displayed in a taxicab
which does not belong to the person actually driving at the time.
[1972 Code § 10-10.3]
Every driver shall maintain a daily record which shall indicate,
with respect to each trip he makes, the time and place of origin,
the time and place of destination, and the amount of fare charged.
All completed records shall be returned to the owner by the driver
at the conclusion of his tour of duty. The form on which the record
is kept shall be furnished to the driver by the owner and shall be
approved by the Chief of Police.
[1972 Code § 10-10.4]
Every driver of a taxicab 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 by or delivered to the owner
within twenty-four (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.
[1972 Code § 10-11.1]
In addition to the causes for revocation of a license set forth in subsection 8-1.9, any license issued under this chapter may be revoked or suspended, or any application for the issuance or renewal of a license denied, for any of the following reasons:
a.
Failure to render reasonable, prompt, safe and adequate taxicab service.
b.
The existence of a judgment unsatisfied of record against the licensee
or applicant in any suit arising over the operation of a motor vehicle.
c.
Permitting any taxicab owned or driven by the licensee to become
unsafe, unsanitary or dirty.
d.
Failure to comply with all applicable laws of the State of New Jersey.
[1972 Code § 10-11.2]
If the licensee is a driver, his license may also be revoked
or suspended for the following reasons:
