[Ord. No. 00-21 § 8-1]
As used in this chapter:
AUTOCAB
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.
DRIVER
Shall mean and include any person who shall drive or operate a taxicab or limousine.
LIMOUSINE OR LIVERY SERVICE
Shall mean and include the business of carrying passengers for hire by autocabs.
TAXICAB
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 § 8-7]
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 § 8-12]
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.