[Ord. No. 6-1982 § 1; Ord. No. 14-1998 § 1; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
The following words and phrases and their derivatives, when
used in this chapter, shall have the meanings hereinafter indicated:
Shall mean a person to whom a taxicab is transferred or delivered
under a bailment.
Shall mean the Borough of Flemington.
Shall mean the practice of driving about the streets of the
Borough with a taxicab for the purpose of soliciting passengers or
presenting the purpose of the taxicab to the attention of prospective
passengers. A taxicab driving along the streets of the Borough for
any purpose other than while transporting a passenger or going to
a definite destination by the most direct route in response to a call
for a taxicab by a prospective passenger, or returning by the most
direct route to the taxicab's home terminus after discharging
a passenger, or going to or from the said terminus to the driver's
home by the most direct route, shall be prima facie evidence of "cruising."
Shall mean any person who drives a taxicab within the limits
of the Borough.
Shall mean licensed in accordance with the appropriate section
of this chapter.
Shall mean transporting in such taxicab one or more persons
for hire along any of the streets or public highways of the Borough.
Shall mean any person, corporation or association in whose
name title to any taxicab is registered with the Motor Vehicle Commission
of the State of New Jersey, or who appears in such records to be the
conditional vendee or lessee thereof.
Shall mean and include any individual, partnership, association,
corporation or joint-stock company, their lessees, trustees or receivers,
and includes the plural as well as the singular.
Shall mean and include any street, avenue, park, parkway,
highway or other public place.
Shall mean and include any automobile or motorcar, commonly
called "taxi," "limousine," "shuttle," etc., except busses 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 or public highways within the limits
of the Borough of Flemington aforesaid, and which accepts passengers
for the transportation from points or places to points or places within
or without the Borough.
[Ord. No. 6-1982 § 2; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
From and after the effective date of this chapter, no person
shall operate any taxicab within the limits of the Borough unless
both the taxicab and the driver thereof are licensed pursuant to this
chapter and conform to all the provisions of all applicable statutes.
[Ord. No. 6-1982 § 3; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
There are hereby established two (2) classes of taxicab licenses,
to be known as "taxicab driver's license" and "taxicab owner's
license," respectively.
[Ord. No. 6-1982 § 4; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
There shall be no limit on the number of taxicab driver's
licenses and there shall be a limit of ten (10) taxicab owner's
licenses that shall be issued and/or outstanding simultaneously. Each
license shall be issued to the highest qualified bidder therefor at
a sale by public auction for that purpose conducted or supervised
by the Borough Clerk. The minimum bid for such licenses shall be set
by resolution of the Mayor and Council, which shall have the right
to reject all bids where the highest bidder is not accepted. As a
condition of the award of such a license, the recipient shall reimburse
the Borough for any costs incurred by the Borough in complying with
the public notice requirements for the license. If more than one taxi
license is issued at the same public auction, the recipients thereof
shall equally split the costs of reimbursing the Borough for any costs
incurred by the Borough in complying with the public notice requirements.
[Ord. No. 6-1982 § 5; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
A taxicab driver's license shall entitle the person named
therein to operate within the limits of the Borough any taxicab duly
licensed hereunder and under the laws of the State of New Jersey until
the license granted pursuant to the terms of this chapter either expires
or is surrendered, suspended or revoked, and shall not be transferable.
[Ord. No. 6-1982 § 6; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
A taxicab owner's license shall entitle the taxicab therein
described to be operated in the Borough by a driver duly licensed
hereunder and duly licensed under the laws of this State until the
license granted pursuant to the terms of this chapter either expires
or is surrendered, suspended or revoked, and shall not be transferable.
[Ord. No. 6-1982 § 7; Ord. No. 14-1998 § 2; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
a.
In the case of a corporation, no license shall be granted to operate
a taxicab unless the corporation is either incorporated or is duly
authorized to do business under the laws of the State of New Jersey.
No license shall be granted to operate a taxicab to any person who
or to any partnership or corporation that, or a member or officer
of which, has been convicted of any crime as set forth in N.J.S.A.
48:16-3.
b.
(Reserved)
c.
In order to ensure the safety of the public, no owner, lessee or
bailee of any taxicab shall operate, cause or permit such taxicab
to be operated, nor shall any license be issued hereunder, until and
unless the applicant shall have complied with the provisions of N.J.S.A.
48: 16-1, et seq., relating to the filing of an insurance policy covering
the owner or operator of such vehicle for damages to persons for which
he may become liable by reason of the ownership, maintenance or use
of the vehicle. All taxicab owner's and driver's licenses
shall be effective and operative only if such insurance policy or
policies are in full force and effect. The lapse of such insurance
and the failure to submit proof that such insurance is in full force
and effect, including but not limited to upon the expiration of any
such insurance, shall cause the applicable licenses to automatically
be revoked until such time as proof of such insurance is submitted.
If the insurance policy expires during the licensing period of January
1 and December 31, license holder must submit an updated insurance
certificate to the Borough Clerk within thirty (30) days from the
expiration date of the policy. Failure to submit proof of insurance
will cause the license to be temporarily revoked until such time that
proof of insurance can be supplied.
[Ord. No. 6-1982 § 8; Ord. No. 14-1998 § 3; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
Each applicant for a taxicab driver's license must conform
to the following requirements:
a.
Be of the age of eighteen (18) years or older, and shall not have
been convicted of any crime as set forth in N.J.S.A. 48:16-3.
b.
State the name of the licensed owner by whom he will be employed.
c.
Fill out, in his own handwriting, upon a blank form to be provided
by the Borough Clerk, a statement giving his full name, residence,
places of residence for the preceding five (5) years; age, height,
color of eyes and hair, places of previous employment; whether he
has ever been charged with or arrested or convicted of a crime or
other violation or of a violation of this chapter and, if so, what
the violation was; whether previously licensed as a taxicab driver
or chauffeur and, if so, whether his license has ever been revoked
and for what cause, which statement shall be signed and sworn to by
the applicant and filed in the office of the Borough Clerk.
d.
Each applicant for a taxicab driver's license must file with
his application two (2) unmounted, unretouched photographs of himself
in such position as the Borough Clerk may direct, taken within thirty
(30) days preceding the filing of the application. Photographs are
to be of a size which may easily be attached to the license, one of
which may be attached when issued, and another to be filed with the
application in the office of the Borough Clerk. The photograph shall
be so attached to the license that it cannot be removed and another
photograph substituted without detection. Each licensed taxicab driver
shall, upon demand of any member of the Flemington Borough Police
Department or any citizen, exhibit his license or photograph for inspection.
e.
Each applicant shall furnish a certified driver's abstract history
obtained from the New Jersey Motor Vehicle Commission within thirty
(30) days prior to the filing of the application and consent to the
Flemington Borough Police Department running an abstract at any time
that the person holds a taxi driver's license.
f.
Each applicant shall have fingerprints taken and a criminal background
check performed at a location determined by the Flemington Borough
Police Department. The results of the background check shall be submitted
to the Chief of Police and the Borough Clerk and made a part of the
application.
[Ord. No. 6-1982 § 9; Ord. No. 14-1998 § 4; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
a.
Applications for a taxicab owner's license shall be made by
the owner, lessee or bailee thereof upon forms to be furnished by
the Borough Clerk and the application shall contain the following
information:
1.
If an individual, full name of applicant, street and post office
address, place of residence; places of previous employment; whether
ever charged with, arrested or convicted of a crime or other violation
of law, and if so, what crime or offense; whether previously licensed
to operate a taxicab has ever been revoked and, if so, for what cause.
2.
If a partnership, the firm name, main office, branch offices, names
and addresses and post office addresses of partners; places of previous
employment, whether ever charged with or arrested or convicted of
any crime or other violation of law, and, if so, what crime or offense;
whether any partner has been licensed to operate a taxicab or as a
driver or chauffeur of a taxicab and, if so, for what cause.
3.
If a corporation, name of corporation, main office, branch offices,
in what state incorporated and directors of corporation; place of
previous employment of each; whether any officer or director was ever
charged with, arrested or convicted of a crime or other violation
of law, and if so, what crime or offense; whether previously licensed
to operate or drive such taxicab has ever been revoked and, if so,
for what cause.
4.
In addition to the foregoing, every application shall contain a statement
as to whether the applicant is the owner, lessee or bailee of the
taxicab sought to be licensed, the State license number of the taxicab;
the make, model and manufacturer's number; and the number of
persons it is capable of carrying.
5.
All applications shall be duly verified by the affidavit of the individual,
a partner of the partnership or an officer of the corporation seeking
a license, as the case may be, and shall be accompanied on forms to
be provided by the Borough Clerk.
6.
All applications shall contain the service prices for transportation
of passengers. Prices shall be of the owners choosing and provided
to passengers upon request, as well as posted in a conspicuous place
in the taxicab. The prices charged to passengers should be the same
as those stated on the application which can be amended during the
year to change the prices charged by filing the new prices with the
Borough Clerk before they go into effect.
[Ord. No. 6-1982 § 10; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
No person shall drive a taxicab until he shall have made application upon a form provided by the Borough Clerk for a taxicab driver's license and shall have procured the license as herein provided. Each person applying for a license to drive a taxicab must furnish all of the information required in Section 20-8, as well as satisfactory evidence that he has received a driver's license under the State Motor Vehicle Act.
[Ord. No. 6-1982 § 11; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
All licenses pursuant to this chapter shall expire at the end
of the year of issuance or renewal, unless sooner surrendered, suspended
or revoked. No license fee payable under this chapter shall be prorated,
nor shall any part thereof be refunded for any reason.
[Ord. No. 6-1982 § 12; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3; amended 11-19-2018 by Ord. No.
2018-21]
a.
The fee for taxicab owner license issuance shall be the amount paid
by a successful bidder for the license. The minimum bid for such license
shall be set by resolution of the Mayor and Council, which shall have
the right to reject all bids where the highest bidder is not accepted.
The subsequent annual renewal fee for such license shall be $500.
However, such a renewal only shall be awarded if all the conditions
of the original issuance and any additional condition(s) required
by the Borough are met. No such fees shall be refunded for any reason.
b.
An annual inspection fee of $75 for each taxicab owner's license
shall be payable to the Flemington Borough Police Department at the
time of the inspection. A new inspection and accompanying $75 inspection
fee payable to the Flemington Borough Police Department shall be required
for any additional or replacement vehicle.
[Ord. No. 6-1982 § 13; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
a.
Any or all applications for licenses hereunder may be granted or
denied by the Mayor and Council. The Mayor and Council may issue a
temporary probationary license for a period of up to and including
one hundred eighty (180) days for a cost of one hundred twenty-five
($125.00) dollars and request a review of all required documents at
the conclusion of the temporary period to ensure compliance.
b.
No taxicab owner's license shall be issued until the motor vehicle
to be licensed has been thoroughly and carefully inspected and examined
by the Flemington Borough Police Department and found to be in safe
condition for the transportation of passengers. All licensed taxicabs
shall be clean, fit, of good appearance and well painted. The Mayor
and Council shall refuse a license to any applicant or, if already
issued, revoke or suspend the license of any vehicle found to be unsafe
for the transportation of passengers. All reports of inspections and
examinations shall be filed with the Borough Clerk and become a part
of the application filed for the licensing of the vehicle.
If, upon inspection, a taxicab is found to be in a safe condition
for the transportation of passengers and in accordance with the provisions
of this chapter, upon the payment of the license fees required by
this chapter, the same may be licensed by delivering to the applicant
a card of such size and form as may be prescribed by the Borough Clerk.
The card shall contain the name of the applicant, the official license
number of the taxicab, the name of the owner, the State license number
thereof; the make, model, manufacturer's number of the taxicab,
together with the date of the inspection of the same, and a notice
that in case of any complaint, the Borough Clerk shall be notified,
the license number of the taxicab being given. The card shall have
attached thereto the signature of the Borough Clerk and shall contain
blank spaces upon which an entry shall be made of the date of each
inspection of the vehicle by the person making the inspection.
c.
Upon satisfactory fulfillment of all licensing requirements, there
shall be issued to the applicant a license to drive a taxicab for
the licensed owner named in his application. No licensed driver shall
operate a taxicab owned by a person other than the person named in
the application and license, unless the driver shall have first obtained
a license therefor from the Borough Clerk.
d.
Each taxicab so licensed shall have displayed on the body of the
vehicle the taxi license number issued to that vehicle. The number
shall be three (3) 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 taxicab shall also display
the words "Flemington Borough" on each rear door of the vehicle in
letters three (3) inches in height.
[Ord. No. 6-1982 § 14; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
Every taxicab so licensed shall have displayed on both sides
thereof the word "taxi" in letters at least four (4) inches high or
the name of the operating owner containing the words "taxi" or "taxicab."
[Ord. No. 6-1982 § 15; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
No license issued hereunder shall be sold, assigned, mortgaged
or otherwise transferred or hypothecated.
[Ord. No. 6-1982 § 16; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
a.
A taxicab owner's license issued hereunder may be revoked or
suspended at any time after notice and the opportunity for a hearing
by the Chief of Police, or a representative of the Flemington Borough
Police Department, the Borough Clerk and the Borough Attorney (the
"committee") if the vehicle is not in a safe condition for the transportation
of passengers, not kept in conformity with the terms of this chapter,
or used or its use permitted for any illegal business or purpose,
or for the violation of any statute or law of the State of New Jersey
or of the United States, or for a violation of any provision of this
chapter, or whenever in their discretion promotion of the public health,
safety and/or welfare will be enhanced. The Mayor and Council, after
being advised of the outcome of the hearing by the committee, shall
vote at the next regularly scheduled meeting of the Mayor and Council
whether to affirm, modify or reverse the suspension or revocation
based upon the same grounds set forth in this section. The Borough
Clerk shall notify the Chief of Police whenever such license has been
suspended or revoked by the Mayor and Council.
b.
A taxicab driver's license issued hereunder may be revoked or
suspended at any time after notice and the opportunity for a hearing
by the Chief of Police, or a representative of the Flemington Borough
Police Department, the Borough Clerk and the Borough Attorney (the
"committee") for a violation of any State or Federal statute, including
but not limited to Title 39 of the statutes of New Jersey or the equivalent
in other states, or a Borough ordinance, including but not limited
to any of the provisions of this chapter, or, whenever in their judgment,
the promotion of the public life, health, morals or safety and/or
welfare will be enhanced by such suspension or revocation. The Mayor
and Council, after being advised of the outcome of the hearing by
the committee, shall vote at the next regularly scheduled meeting
of the Mayor and Council whether to affirm, modify or reverse the
suspension or revocation based upon the same grounds set forth in
this section. The Borough Clerk shall notify the Chief of Police whenever
such license has been suspended or revoked by the Mayor and Council.
c.
The Flemington Borough Police Department at any time during the licensing
year may run a driver's abstract history and advise the Borough
Clerk if a driver who is licensed has been convicted of a Title 39
or other violation.
[Ord. No. 6-1982 § 17; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
No taxicab owner's license shall be issued until the applicant
therefor shall have delivered to the Borough Clerk, concurrently with
the filing of the insurance policy hereinbefore referred to, a power
of attorney executed by said applicant wherein and whereby said applicant
shall appoint the Borough Clerk, as the applicant's true and
lawful attorney for the purpose of acknowledging service of any process
out of any court of competent jurisdiction to be served against the
insured by virtue of the indemnity granted under the insurance policy
filed; and any license for a taxicab issued upon such application
shall continue effective, and the operation of any taxicab thereunder
shall be permitted, only so long as said power of attorney shall remain
in effect and unrevoked.
[1]
Editor's Note: Former § 20-18, Cruising, previously
codified herein and containing portions of Ordinance No. 6-1982, was
repealed in its entirety by Ordinance No. 14-1998.
[Ord. No. 6-1982 § 19; Ord. No. 2012-12; Ord.
No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
a.
Any person or persons, firm or corporation who shall violate this
chapter or any of its provisions shall, upon conviction, be punished
either by imprisonment in the County jail for a term not exceeding
ninety (90) days or by a fine not exceeding one thousand five hundred
($1,500) dollars or five hundred ($500.00) dollars for a first offense,
one thousand ($1,000.00) dollars for a second offense, and one thousand
five hundred ($1,500.00) dollars for a third offense and every offense
thereafter, or both, in the discretion of the Court.
[Ord. No. 6-1982 § 19; Ord. No. 2012-12; Ord.
No. 2014-14]
b.
Nothing in this chapter shall exempt any person owning or operating
any taxicab from complying with the laws relating to the ownership,
registration and operation of automobiles in this State or any other
State or Federal statute or law and the penalties relating thereto.
[Ord. No. 21-1998; Ord. No. 2012-12; Ord.
No. 2013-24; Ord. No. 2014-14; Ord. No. 2016-4; Ord. No. 2017-3]
All of the requirements of this Chapter 20 shall apply to limousines, except as follows:
a.
License Required . No person shall hire, keep, or use for hire or
pay, any limousine utilizing the Borough of Flemington as a principal
place of business as set forth in N.J.S.A. 40:16-18 without first
having obtained a license for that purpose from the Borough Clerk
for such limousine, which license shall be known as a "limousine license."
Such license shall be for a term of one (1) year from the date of
issuance, shall be renewable annually and shall be nontransferable.
b.
Fee. The fee for the issuance of such license shall be in accordance with Section 20-12 entitled "Fees." Each such vehicle used as a limousine shall be licensed separately.
c.
Qualifications. The Borough Clerk shall issue such license after
satisfactory compliance by the applicant with the provisions of N.J.S.A.
48:16-13 to 48:16-22 and approval by the Chief of Police and the payment
of the aforesaid fee.
d.
Form and Content of License. There shall be a separate license issued
for each limousine to be licensed. The license shall be in writing,
numbered, signed by the Chief of Police on a form provided by the
Borough and shall contain the following information: the name, business
address, and business telephone number of the owner; the number of
the license, the make, model, year, serial number, and license plate
number of the vehicle; the name of the company supplying insurance
coverage, the policy number and the name, address and telephone number
of the insurance agent.
e.
By Whom Issued. A limousine license shall be initially issued by
the Mayor and Council. Any renewals thereof shall be issued by the
Borough Clerk upon approval of the Chief of Police.
