[Ord. No. 00-21 § 8-1]
As used in this chapter:
Shall mean and include any automobile or motor car with a
carrying capacity of not more than nine passengers, not including
the driver, used 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 of this
State, and which is hired by charter or for a particular contract
or by the day or hour or other fixed period or to transport passengers
to a specified place or places or which charges a fare or price agreed
upon in advance between the operator and the passenger. Nothing in
this definition shall be construed to include taxicabs, limousines,
hotel buses or buses employed solely in transporting school children
or teachers or autobuses which are subject to the jurisdiction of
the Board of Public Utilities, or interstate autobuses required by
Federal or State law or rules of the Board of Public Utilities to
carry insurance against loss from liability imposed by law on account
of bodily injury or death.
Shall mean and include any person who shall drive or operate
a taxicab or limousine.
Shall mean and include the business of carrying passengers
for hire by autocabs.
Shall mean and include any automobile or motor car, 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 or public highways
of this State, and particularly accepts and discharges such persons
as may offer themselves for transportation from points or places to
points or places within or without the State.
[Ord. No. 00-21 § 8-2; Ord. No. 06-12]
a.
No
person shall operate a taxicab or limousine service within the Borough
without having first obtained a license from the Borough Clerk. Prior
to obtaining a license, any person seeking to operate a taxicab or
limousine service in the Borough shall complete the form of application
required by the Borough Clerk and submit the same to the Borough Clerk,
accompanied by a license fee in the amount of $200.
b.
Each
applicant shall sign a form of authorization permitting the Borough
of Fairview Police Department to do a driver's license and motor
vehicle check. In addition, the applicant may be required to be interviewed
by the Chief of Police and/or the Director of Public Safety as directed
by the Borough Clerk.
c.
The
application shall be presented to the Borough Council, which shall
approve or deny such application. In the event of denial, the Council
shall adopt a resolution setting forth the reasons for such action
and the applicant shall be given an opportunity to be heard prior
to adoption of such a resolution.
d.
Every
applicant for a taxicab owner's license shall submit an insurance
policy or bond required by N.J.S.A. 48:16-3 and 48:16-4 covering the
taxicab to be licensed; however, the amount of said insurance or bond
shall not be less than $100,000, and shall execute and deliver to
the Borough Clerk, concurrently with the filing of the policy or bond
aforesaid, a power of attorney, wherein and whereby the owner shall
appoint the Borough Clerk his true and lawful attorney for the purpose
of acknowledging service of any process out of a court of competent
jurisdiction to be served against the insured by virtue of the indemnity
granted under the insurance policy or bond filed in accordance with
N.J.S.A. 48:16-5.
[Ord. No. 00-21 § 8-3; Ord. No. 02-21]
No person shall operate a taxicab or limousine within the Borough
of Fairview when the vehicle is based or garaged or stationed on a
regular basis within the Borough of Fairview, without first obtaining
a license from the Borough Clerk. In order to obtain the required
license, any person seeking to drive a taxicab or limousine in the
Borough of Fairview shall complete the form of application required
by the Borough Clerk and submit the same to the Borough Clerk, accompanied
by a license fee in the amount of $50. The applicant may be required
to be interviewed by the Chief of Police and/or the Director of Public
Safety as directed by the Borough Clerk.
[Ord. No. 00-21 § 8-4; Ord. No. 02-6]
The total number of "taxicab owner's licenses" that may
be issued and outstanding at any time shall be fixed and shall not
exceed a total of two. The total number of "limousine licenses" that
may be issued and outstanding at any time shall be fixed and shall
not exceed a total of six.
[Ord. No. 00-21 § 8-5]
Any person to whom a license is issued to operate a taxicab
or limousine service shall file with the Borough, prior to commencement
of operations, a listing of all routes and rates, the location of
the operator's base of operations and the location at which all
taxis or limousines will be garaged. Each licensee shall file a listing
of routes and rates annually with the Borough Clerk.
[Ord. No. 00-21 § 8-6]
All taxis and limousines licensed pursuant to this chapter shall
be garaged and shall not be parked on the street or in any driveway.
[Ord. No. 00-21 § 8-7]
All licenses issued pursuant to this chapter shall expire on
December 31 of each year. Licenses issued under prior ordinances shall
expire on December 31, 2000.
[Ord. No. 00-21 § 8-8; Ord. No. 02-21]
Any license issued under this chapter may be renewed annually
upon application to the Borough Clerk and payment of a fee of $50
license renewal fee.
[Ord. No. 00-21 § 8-9]
a.
Any
license issued by the Borough Clerk is subject to revocation for:
1.
Submission of false data in an application.
2.
Failure to pay the licensing fee.
3.
Repeated violations of the traffic laws.
4.
Violation of any statutory requirements for taxicab and limousine
operations, as set forth in N.J.S.A. 48:16-1 et seq.
5.
Operation of a vehicle which is unsafe or in any other respect in
violation of the traffic laws.
6.
Other conduct of a serious nature warranting revocation of such license.
b.
No
license may be revoked prior to the licensee being provided with notice
and an opportunity to be heard by the Borough Council, and a vote
by the Borough Council to revoke such license.
[Ord. No. 00-21 § 8-10]
Each applicant granted a "taxicab driver's license" shall
be issued a license card in evidence thereof in a form approved by
the Borough Council and signed by the Borough Clerk on its behalf.
Such license card shall at all times be prominently displayed in the
interior of any taxicab and adequately protected by the licensee so
that the face thereof shall at all times be in full view of and plainly
legible to any passenger seated on the rear seat of such taxicab;
and the license card shall at all times be and remain the property
of the Borough and, on direction of the Borough Council, shall at
all times and forthwith be surrendered to the Borough Clerk.
No "taxicab driver's license" card other than that of the
licensee actually operating the taxicab at the time shall be displayed
therein.
[Ord. No. 00-21 § 8-11]
Every person so licensed as aforesaid shall not refuse to carry
local fares or passengers.
[Ord. No. 00-21 § 8-12]
Owners and drivers of taxicabs licensed out of the jurisdiction
of the Borough may be allowed to enter their taxicabs in the Borough
on specific call only, whether transporting a passenger within this
Borough, or from a point within the Borough to a point outside the
Borough limits, or discharging a passenger transported from a point
outside the Borough limits to a point within the Borough limits. The
name of the passenger calling shall be given by the owner or driver
when requested by a Borough Police Officer or other lawful person.
Such taxicabs shall not be parked in this Borough nor shall the drivers
thereof cruise on the streets of this Borough at any time for the
purpose of soliciting fares or passengers, nor shall they, when in
this Borough, permit any advertising lights on the taxicab to remain
unlighted in the nighttime or other periods of darkness, provided,
however, that the same or similar substantial reciprocal rights are
granted to the owners and drivers of a taxicab licensed in this Borough
by the municipalities in which the aforesaid owners and drivers are
licensed.
[Ord. No. 00-21 § 8-13]
a.
Any dispute arising as to the fare shall be determined by the "Desk
Officer" in charge of the Police Station at the time of the dispute
concerning same.
b.
Every driver of a taxicab shall, when requested, give a passenger
a receipt for the fare paid.
c.
No person other than the licensed driver of the taxicab shall ride
or sit in the compartment of the taxi reserved for the driver.
[Ord. No. 00-21 § 8-14]
a.
Every vehicle licensed hereunder shall have fastened in a conspicuous
place therein a printed card showing the rates for transportation
to be charged and shall be equipped with a meter indicating the mileage
and total charge of the fare.
b.
Every vehicle licensed hereunder shall have posted on both front
doors, or both rear doors of the vehicle, the rates for transportation
in figures of not less than 2 1/2 inches in height and letters
of not less than one inch in height.
[Ord. No. 00-21 § 8-15]
This chapter shall not be construed to limit or restrict the
obligations of taxicab or limousine services to comply with all other
requirements of the law.
[Ord. No. 00-21 § 8-16]
This chapter shall apply only to those persons owning or operating
a taxicab or limousine service or driving the same in the Borough
of Fairview, which service has its principal place of business in
the Borough of Fairview.
[Ord. No. 00-21 § 8-17]
This chapter shall be enforced by the Borough Clerk with the
assistance of the Police Department.
[Ord. No. 00-21 § 8-18]
Any person, owner or operator who shall violate any provision
of this chapter shall be subject to a fine of not more than $1,000
or 90 days in jail, or both.
