[1974 Code § 121-1; Ord. No. 516; Ord. No. 2012-23-OAB]
No person shall engage in the taxicab business or operate or
permit a taxicab owned or controlled by it to be operated as a vehicle
for hire upon the streets of Berkeley Township without having first
obtained a taxicab license as set forth in this section. For purposes
of this Chapter, operate shall mean having a place of business, office,
dispatch location or storage yard within the Township of Berkeley
or accepting passengers from points within the Township.
[1974 Code § 121-2; Ord. No. 516; Ord. No. 2012-04-OAB; Ord. No. 2012-23-OAB]
The Township of Berkeley will issue no more than 20 taxi licenses
per year, which year shall be from July 1 through June 30. The fee
for a license shall be $150 per year. This license fee is in addition
to any other fee or charge established by any authority and is the
responsibility of the owner-operator of the taxicab in question.
[1974 Code § 121-3; Ord. No. 516; Ord. No. 2012-23-OAB]
a.
An application for a license shall be filed with the Township Clerk
on forms provided, and the application shall be verified under oath
and shall provide the following information:
1.
Name and address of applicant. Where the applicant is not a natural
person, the name and address of all owners or participants in the
ownership of the legal entity and all officers, directors or others
of like position, whatever be their title, shall be provided.
2.
The year, type and model of vehicle for which the license is desired.
3.
The number of persons the vehicle is capable of safely carrying.
4.
The motor vehicle registration number (license plate number) of the
vehicle to be licensed.
b.
The application shall be accompanied by proof of current liability
insurance coverage meeting the standards set forth below and by the
power of attorney required by N.J.S.A. 48:16-5.
[1974 Code § 121-4; Ord. No. 516; Ord. No. 2012-04-OAB; Ord. No. 2012-23-OAB]
Each person set forth in subsection 8-1.3a1 above shall present himself at the office of the Berkeley Township Police Department and permit his/her fingerprints to be taken by the Police Department or a vendor designated by the Police Department, which fingerprints shall be considered a part of the application. The Police Department, or its designated vendor, shall forward a copy of the fingerprints of each applicant to the New Jersey State Police and to the Federal Bureau of Investigation for purposes of determining the existence of a record of arrest or conviction. Any information received from these sources shall be furnished to the Township Committee to be used in evaluating the application, in addition to a recommendation on behalf of the Police Department.
Each driver or operator of a licensed taxicab must submit to
the performance of a criminal history record background check at his
or her own expense. The driver or operator shall be disqualified from
operating or driving a taxi if a criminal history record background
check reveals a record of conviction of any of the following crimes:
a.
Aggravated assault;
b.
Arson;
c.
Burglary;
d.
Escape;
e.
Extortion;
f.
Homicide;
g.
Kidnapping;
h.
Robbery;
i.
Aggravated Sexual Assault;
j.
Sexual Assault;
k.
Endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4;
l.
In any other state, territory, commonwealth, or other jurisdiction
of the United States, or any country in the world, as a result of
a conviction in a court of competent jurisdiction, a crime which in
that other jurisdiction or country is comparable to one of the crimes
enumerated above; or
m.
A crime pursuant to the provisions of N.J.S.A. 2C:39-3, 2C:39-4,
or 2C:39-9; but
n.
Not including a disorderly persons or petty disorderly persons offense
for the unlawful use, possession, or sale of a controlled dangerous
substance as defined in N.J.S.A. 2C:35-2.
|
However, if a person who has been convicted of one of the crimes
listed above can produce a certificate of rehabilitation, the criminal
offense shall not disqualify the applicant from operating or driving
a taxi cab. Drivers who received consent to operate in a municipality
prior to the effective date of P.L. 2011. C.135 shall not be required
to submit to a criminal history record background check.
|
[1974 Code § 121-5; Ord. No. 516; Ord. No. 2012-23-OAB]
a.
In order to ensure the safety of the public, it shall be unlawful
for the owner or the lessee of any taxicab to operate or cause to
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. 48:10-1 et seq. and the acts amendatory
thereof or supplemental thereof; provided, however, that the holder
of the license must have in effect a valid insurance policy of a company
duly licensed to transact business under the insurance laws of the
State of New Jersey conditioned for the payment of a sum not less
than $100,000 to satisfy all claims for damages, by reason of bodily
injury to, or the death of, any one person resulting from an accident,
by reason of the ownership, operation, maintenance, or use of such
taxicab upon any public street, and the sum of $50,000 to satisfy
any claim for damages to property.
b.
Upon the failure of the license holder to file the insurance certificate
with the Municipal Clerk or upon notice served to the Municipal Clerk
that the insurance coverage of the license holder has been revoked
or suspended, the Municipal Clerk shall refuse to issue the license
or shall notify the Chief of Police who shall, after notification
to the license holder, forthwith remove the license. If, after 30
days, proof of insurance is not submitted to the Municipal Clerk,
the taxicab license shall immediately revert back to the Township.
[1974 Code § 121-6; Ord. No. 516; Ord. No. 2012-23-OAB]
a.
No license shall be issued hereunder unless and until the Township
Council makes the following findings:
1.
That, based on all information available to the Council, the applicant
is a fit person to operate a taxicab business.
2.
In the event of a renewal application, that the applicant has complied
with all rules and regulations promulgated by proper authority and
has provided service to the public in the proper manner.
3.
That the proper proof of insurance has been filed with the Township
Clerk.
4.
That the applicant is willing and able to perform public transportation
in accordance with the provisions of this chapter and in a manner
to meet public needs.
b.
When the Township Council has made such findings, the Clerk shall
issue a license which shall state the name and address of the applicant,
the date of issuance and a description of the vehicle licensed. A
separate license shall be required for each vehicle and a separate
application shall be made for each vehicle.
[1974 Code § 121-7; Ord. No. 516; Ord. No. 2012-23-OAB]
No taxicab license shall be assigned, mortgaged, pledged or
otherwise transferred.
[1974 Code § 121-8; Ord. No. 516; Ord. No. 2012-04-OAB; Ord. No. 2012-23-OAB]
The following regulations shall hereafter apply to all taxicabs
licensed in the Township:
a.
The owner of each taxicab shall, if applicable, file with the Township
Clerk and the Chief of Police a typewritten or printed schedule showing
the days, hours and locations at which the taxicab will be at a designated
taxi stand with a qualified operator ready to serve the public subject
to being actually engaged in service. Appropriate telephone information
shall also be supplied.
b.
Each time a taxicab license is applied for, the applicant may file
with his/her application and as a part thereof a new schedule. When
a new license is granted or a license is renewed, the licensee may
furnish the Chief of Police with a copy of the current schedule of
the taxicab.
c.
Each licensed taxicab shall, at all times set forth in the schedule,
be at its designated stand, if applicable, with a qualified operator
ready to serve the public subject to times actually in call, that
is, making a service.
d.
If during the license period the license holder shall find it impossible
or impractical to comply with the schedule as filed, the holder of
the license shall immediately file a written notice with the Township
Clerk and the Chief of Police stating when the taxicab went out of
public service and the reason therefor. When a taxicab is returned
to public service, written notice thereof shall be immediately filed
by the holder of the license with the Township Clerk and Chief of
Police. The Township Council shall review the number and extent of
the periods when each taxicab has been out of service during the previous
licensing period when considering the renewal of any license.
[1974 Code § 121-9; Ord. No. 516; Ord. No. 2012-23-OAB]
No taxicab licenses as aforesaid shall be operated within this
municipality by any person who has not obtained a permit pursuant
to this chapter.
[1974 Code § 121-10; Ord. No. 516; Ord. No. 2012-23-OAB]
Each applicant for a permit shall conform to the following regulations:
a.
Be of the age of 21 years or over.
b.
Hold a current driver's license pursuant to the New Jersey Motor
Vehicle Law.
c.
Present a physician's certificate dated not more than 60 days
prior to the application date stating that the applicant has no physical
or mental impairments which might render him unfit for the safe operation
of a taxicab.
d.
Be able to read, write and understand the English language and be
a citizen or legal resident alien of the United States.
e.
Never have been convicted of a crime involving moral turpitude, sex
offenses, violence, force and/or the threat of bodily injury.
f.
Not be addicted to the use of narcotics or intoxicating liquors.
g.
Have a good reputation for honesty and morality in the community
in which he resides.
h.
Not have received a dishonorable discharge from any branch of the
armed forces.
[1974 Code § 121-11; Ord. No. 516; Ord. No. 2012-23-OAB]
a.
Anyone desiring a taxicab driver's permit shall file an application
for the same with the Township Clerk on forms provided by the Township.
The form shall include the following information: the applicant's
full name, residence, places of residence for the preceding five years,
age, height, color of eyes and hair, place of birth, last previous
employment and whether he has ever been convicted of a crime and,
if so, the nature, date and penalty. This application shall be signed
and filed with the Clerk as a permanent record.
b.
The applicant shall also furnish four copies of a photograph taken
within the preceding 30 days, size two inches by two inches, front
view.
c.
The applicant shall also have fingerprints taken by the Police Department
or its designated vendor, which fingerprints shall be submitted by
the Department (or its designated vendor) to the New Jersey State
Police and the Federal Bureau of Investigation in order to determine
whether or not the applicant for a permit has any criminal record.
d.
A fee in the amount of $25 shall accompany the application.
[1974 Code § 121-12; Ord. No. 516; Ord. No. 2012-23-OAB]
The Township Council shall review the information provided by
the Chief of Police and by the application and, if it finds this information
satisfactory, shall instruct the Township Clerk to issue to the applicant
a driver's permit card which shall contain the photograph and
permit number assigned.
[1974 Code § 121-13; Ord. No. 516; Ord. No. 2012-23-OAB]
The permit, including the photograph, shall be displayed in
full view in the interior of the taxicab at all times that the taxicab
is being operated by the permittee. Each permit shall expire on June
30 next following issuance.
[1974 Code § 121-14; Ord. No. 516; Ord. No. 2012-23-OAB]
All holders of licenses engaged in the taxicab business in the
Township operating pursuant to this chapter shall provide all normal
taxicab services to the public. They shall answer all calls received
by them for services inside the limits of the Township as soon as
they can do so; and if the services cannot be rendered within a reasonable
time, they shall notify the perspective passenger how long it will
be before the call can be answered and shall provide a reason for
the delay. Any holder who shall refuse to accept a call anywhere in
this municipality when a cab is available or who shall fail or refuse
to give normal service shall be deemed in violation of this chapter.
[1974 Code § 121-15; Ord. No. 516; Ord. No. 2012-23-OAB]
Every holder of a license shall require the driver to keep a
daily record identified by the cab number of the taxicab used and
the permit number of the driver, which record shall include the time
and place when and where a passenger was accepted as well as the time
and place of discharge together with the fare received for the trip.
These records shall be kept for at least 90 days and shall be open
at all times for inspection by any duly authorized law enforcement
officer.
[1974 Code § 121-16; Ord. No. 516; Ord. No. 2012-23-OAB]
No driver shall solicit passengers for taxicab service except
in the immediate vicinity of the cab. No driver shall solicit patronage
in a loud tone of voice, nor shall be in any manner annoy any person
or obstruct the movement of any person or follow any person for the
purpose of soliciting patronage.
[1974 Code § 121-17; Ord. No. 516; Ord. No. 2012-23-OAB]
The Township Council may designate by resolution certain taxicab
stands as provided by law and the number of taxicabs permitted herein.
The taxicabs shall operate on a first-in-first-out basis at such taxicab
stands. No taxicab shall remain in a taxicab stand for more than 30
consecutive minutes.
[1974 Code § 121-18; Ord. No. 516; Ord. No. 2012-23-OAB]
Drivers of taxicabs shall not receive or discharge passengers
in the roadway, but shall pull up to the right-hand curb as nearly
as possible or, in the absence of a curb, to the extreme right-hand
side of the road and there receive or discharge passengers. Passengers
may be discharged or picked up on either side of a one-way street.
[1974 Code § 121-19; Ord. No. 516; Ord. No. 2013-23-OAB]
No driver shall cruise in search of passengers on any public
street in the Township.
[1974 Code § 121-20; Ord. No. 516; Ord. No. 2012-23-OAB]
a.
No driver shall permit any additional passenger to occupy or ride
in a taxicab unless the person first employing the cab shall consent
to the acceptance of additional passengers.
b.
No charge shall be made for an additional passenger except when the
additional passenger rides beyond the previous passenger's destination
and then for only the additional distance of travel.
[1974 Code § 121-21; Ord. No. 516; Ord. No. 2012-23-OAB]
No driver shall refuse or neglect to carry any orderly person
or persons upon their request unless previously engaged.
[1974 Code § 121-22; Ord. No. 516; Ord. No. 2012-23-OAB]
It shall be a violation of this section for any driver of a
taxicab to solicit business for any hotel, motel, rooming house, bar,
tavern, restaurant, theater and the like or to attempt to divert patronage
from one such place to another.
[1974 Code § 121-23; Ord. No. 516; Ord. No. 2012-23-OAB]
No taxicab, while waiting for employment by passengers, shall
stand on any public street or space other than at or upon a designated
taxicab stand where applicable, nor shall any driver of such taxicab
seek employment by repeatedly and persistently driving his/her taxicab
to and fro in a short space before, or by otherwise interfering with
the proper and orderly access to or egress from, any theater, hall,
hotel, public resort or other place of gathering.
[1974 Code § 121-24; Ord. No. 516; Ord. No. 2012-23-OAB]
No driver of any taxicab shall induce any prospective passenger
to employ the driver by knowingly misinforming or misleading any such
passenger either as to the time or place of arrival or departure of
any train, motor vehicle or airplane or as to the location of any
hotel, public place or private residence or as to the distance between
any two points, nor shall any such driver deceive or make any false
representations to any prospective passenger by conveying that passenger
to any other place or over any other route than that to which such
passenger may have instructed the driver to go or which may be the
shortest feasible route to the destination.
[1974 Code § 121-25; Ord. No. 516; Ord. No. 2012-23-OAB]
Every owner shall be responsible for the operation of the vehicle
for which the license has been granted regardless of the legal relationship
between such owner and the driver of such vehicle.
[1974 Code § 121-26; Ord. No. 516; Ord. No. 2012-23-OAB]
Drivers, while engaged in the operation of a taxicab, shall
behave themselves in a professional manner, and they shall not use
any indecent, profane or insulting language while engaging in such
operation.
[1974 Code § 121-27; Ord. No. 516; Ord. No. 2012-23-OAB]
Every driver of a taxicab, immediately after the termination
of any hiring or employment, must carefully search such taxicab for
any property lost or left therein; and any such property, unless it
is claimed or delivered to the owner, shall as soon as possible be
turned over to the Police Department.
[1974 Code § 121-28; Ord. No. 516; Ord. No. 2012-23-OAB]
If at any time within the licensed year a taxicab driver has
been convicted of a crime or traffic violation, he shall immediately
notify the Municipal Clerk of the conviction, the jurisdiction of
the conviction, the offense for which he was convicted, and the circumstances
thereof. It shall be in the discretion of the Township Council to
revoke his operator's permit.
a.
Licenses or permits issued under the provisions of this chapter may
be suspended or revoked by the Township Council if the holder has:
1.
Violated any of the provisions of this chapter.
2.
Discontinued operation for more than 30 days.
3.
Violated any ordinances of the Township or the laws of the United
States or the State of New Jersey, the violation of which reflects
unfavorably upon the fitness of the holder or permittee to offer public
transportation.
b.
Prior to suspension or revocation, the holder or permittee shall
be given written notice of the proposed action to be taken and the
charges against him; and thereupon, if the holder or permittee demands
a hearing, in writing, within 10 days of notification, he shall be
given a hearing of the charges.
[1974 Code § 121-29; Ord. No. 516; New; Ord. No. 2012-23-OAB]
[1974 Code § 121-30; Ord. No. 516; Ord. No. 2012-23-OAB]
The conviction of a licensee or permittee for a violation hereunder
shall not prevent the Township from taking action to suspend or revoke
the permit or license of the person so convicted as herein provided.
[Ord. No. 99-14-OAB § 1]
a.
License
Required. No person shall hire, keep or use for hire or pay or cause
to be kept for hire or pay any limousine utilizing the Township of
Berkeley as a principal place of business as expressed in N.J.S.A.
48:16-18 without having first obtained a license for that purpose
from the Township Clerk for such limousine, which license shall be
known as a "limousine license." Such license shall be for a term of
one year from the date of issuance and shall be renewable annually
and shall be nontransferable.
b.
Fee.
The fee for the issuance of such license shall be $15.
c.
Qualifications.
The Township Clerk shall issue such license after satisfactory compliance
by the applicant with the provisions of N.J.S.A. 48:16-13 to 16-22
as they may be amended from time to time.
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 Clerk on a form provided by the Township 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;
and the name of the company supplying insurance coverage, the policy
number and the name, address and telephone number of the insurance
agent.
