[HISTORY: Adopted by the Council of the Borough of Lawnside 12-2-1970 by Ord. No. 143-1970. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
PERSON
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers.
TAXICAB
Includes any automobile or motorcar, 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 within the Borough of Lawnside and
particularly accepts and discharges such persons as may offer themselves
for transportation from points or places within or without said borough,
provided that nothing herein contained shall be construed to affect
any public conveyance which is by law subject to state and/or federal
regulation exclusively.
From and after the effective date of this chapter, no person
shall pick up for hire any persons for any taxicab within the Borough
of Lawnside unless both the taxicab and the driver thereof are licensed
pursuant to the terms of this chapter and conform to all the provisions
thereof.
Every applicant for a taxicab license or taxicab operator's
license shall make application therefor on forms furnished by the
Borough Clerk, and the same shall be completed and verified under
oath and filed with said Borough Clerk. Each application shall set
forth the full name and address of the owner, lessee or bailee of
the taxicab to be licensed and the make and character of the taxicab,
which must bear a current state inspection certificate.
The Chief of Police or a member of the Police Department designated
by him shall conduct an investigation of each applicant for a taxicab
license or taxicab operator's license and make a report of such
investigation, and a copy of the traffic and police record of said
applicant, if any, shall be attached to the application.
Before the Borough Council shall issue any license for a taxicab,
other than the renewal of an existing license, it shall be satisfied
that public convenience and necessity so require.
No taxicab license or taxicab driver's license shall be
issued:
A. To an individual who has been convicted of a crime involving moral
turpitude and is less than 18 years of age.
[Amended 11-3-1976 by Ord. No. 9-1976]
B. To a copartnership unless none of the members thereof have been convicted
of a crime involving moral turpitude and none are less than 18 years
of age.
[Amended 11-3-1976 by Ord. No. 9-1976]
C. To the applicant for a taxicab driver's license unless he shall
submit a certificate from a licensed physician of the State of New
Jersey, at applicant's expense, certifying that the applicant
has been examined within the preceding 30 days and that he has no
infirmity of body or mind which might render him unfit for the safe
operation of a taxicab.
D. To a corporation unless none of the officers, directors and stockholders
thereof have been convicted of a crime involving moral turpitude and
none are less than 18 years of age.
[Amended 11-3-1976 by Ord. No. 9-1976]
If the Borough Council finds that the applicant for a taxicab
license is fit, willing and able to perform such public transportation
and to conform to the provisions of this chapter, then upon payment
of the proper fee by the applicant the Borough Clerk shall issue a
taxicab license stating the name and address of the applicant, number
and description of vehicles authorized under such license, the approved
location of the cab stand and the date of issuance thereof.
If the Borough Council finds that the applicant for a taxicab
driver's license is fit and conforms to the provisions of this
chapter, then upon payment of the proper fee by the applicant the
Borough Clerk shall issue a license upon which shall appear the name,
address, age, signature, company employed by and photograph of the
applicant.
The Borough Council shall, after consideration of the application
for a taxicab driver's license and the reports and certificate
required to be attached thereto, approve or reject the application
for a taxicab driver's license. If the application for a taxicab
driver's license is rejected, the applicant may, within 30 days,
request a personal appearance before the Borough Council to offer
evidence why his application should be reconsidered. The Borough Council
may refuse to grant or renew a taxicab driver's license in the
following circumstances:
A. In the case of any applicant whose state automobile driver's
license or permit to operate a taxicab has been suspended or revoked.
B. In the case of any applicant who has been convicted of a crime involving
moral turpitude.
C. In the case of any applicant who shall have been convicted of a violation
of laws pertaining to intoxicants, narcotics or prostitution.
D. Where public convenience and necessity does not warrant the issuance.
E. Whenever for just cause the Borough Council deems the applicant for
a taxicab driver's license unfit to drive a taxicab.
[Amended 11-3-1976 by Ord. No. 9-1976; 3-6-1985 by Ord. No. 7-1985; 6-2-1999 by Ord. No. 18-FY1999]
A. The annual taxicab license fee shall be $35 for each taxicab to be
covered by the taxicab license and the license shall be effective
for a period from January 1 to December 31. A taxicab license for
each calendar year thereafter shall be issued upon the payment of
the aforesaid fee to the Borough Clerk.
B. The annual taxicab driver's license fee shall be $15 and the
license shall be effective for the period from January 1 to December
31 of each calendar year or part thereof. A taxicab driver's
license shall be issued upon the payment of $15, unless the license
for the preceding year has been revoked.
Every driver licensed under this chapter shall post his taxicab
driver's license in a conspicuous position in plain view of all
passengers.
No license shall be sold, assigned, mortgaged or otherwise transferred.
No taxicab license shall be issued until the applicant therefor
shall have filed with the Borough Clerk an insurance policy of a company
duly licensed to transact business under the insurance laws of this
state, or certificate thereof, showing policy limits of not less than
$50,000 property damage and $100,000/$300,000 personal injury and
liability coverage.
No taxicab license shall be issued until the applicant therefor shall have delivered to the Borough Clerk, concurrently with the filing of the insurance policy referred to in §
128-13 hereof, a power of attorney executed by said applicant wherein and whereby said applicant shall appoint the Treasurer of the Borough of Lawnside his, her or its true and lawful attorney for the purpose of acknowledging service against the insured by virtue of the indemnity granted under the insurance policy filed, and any license for a taxicab issued upon any 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.
Drivers of taxicabs shall not receive or discharge passengers
in the roadway but shall pull up to the right-hand sidewalk as nearly
as possible, or in the absence of a sidewalk, to the extreme right-hand
side of the road and there receive or discharge passengers, except
upon one-way streets, where passengers may be discharged on either
the right-hand sidewalk or the side of the roadway in the absence
of a sidewalk.
No driver shall permit any other person to occupy or ride any
taxicab unless the person or persons first employing the taxicab shall
consent to the acceptance of additional passenger or passengers.
No driver shall permit more than a maximum number of five adults
or five children to be carried in a taxicab. A child in the arms of
an adult should not be counted as a passenger. No driver may refuse
or neglect to convey any orderly person or persons upon their request,
unless previously engaged or unable to or forbidden by the provisions
of this chapter to do so.
Any holder of a license who shall refuse to accept a call anywhere
within the limits of the Borough of Lawnside at any time when such
holder has taxicabs available, or who shall fail or refuse to give
service, shall be deemed to have violated this chapter.
A. Drivers of taxicabs shall be clean and neat in appearance at all
times.
B. Every taxicab shall be conspicuously and plainly marked as a taxicab
when said taxicab is commercially employed.
C. The owner and operator of each taxicab operating in the borough shall
keep his taxicab in good running order so that it makes a presentable
appearance and affords comfortable, safe rides to passengers, free
from mechanical defects, defective or worn tires, loose fenders, dents,
loose doors, broken or soiled upholstery and broken or cracked glass.
The owner and operator of each taxicab operating in the borough shall
present his taxicab to the Chief of Police or other designated officer
prior to the issuance or renewal of his license and thereafter upon
request of said Chief of Police or other designated officer so that
it may be inspected to determine whether it complies with the provisions
of this chapter.
A. A taxicab license issued under the provisions of this chapter may
be revoked or suspended by the Borough Council if the holder thereof
has:
(1) Failed to operate the licensed vehicle for more than 30 days.
(2) Violated any ordinance of the Borough of Lawnside or the laws of
the United States or the State of New Jersey, the violation of which
reflects unfavorably on the fitness of the licensee to hold a license
for public transportation.
(3) Failed to furnish or keep in force the insurance policy and power
of attorney required by this chapter.
(4) Changed his situation so that he could not at present qualify for
a license.
(5) Sold or assigned any stock in any corporation or association without
having first reported such change to the Borough Clerk and police,
and the new owners meet the requisite qualifications of any applicant.
B. Prior to the suspension or revocation, the licensee shall be given
written notice of the proposed action to be taken and the reasons
therefor and he shall have an opportunity to be heard.
A. The Borough Council is given authority to suspend or revoke any taxicab
driver's license issued under this chapter for failure to comply
with the provisions of this chapter or to qualify at present for a
license.
B. Suspension or revocation of a taxicab driver's license may be
appealed to the Borough Council within 30 days. Every driver licensed
under this chapter shall comply with all borough, state and federal
laws. Failure to do so will justify suspension or revocation of his
license.
If at any time, in the opinion of the Borough Council, it becomes
advisable the Council may adopt by resolution a schedule of rates
which may be charged by the owners or drivers of taxicabs or other
vehicles for the transportation of passengers, as in the Council's
judgment may seem fair and reasonable.
The making of false statements and/or the disclosure thereof
in any application or record required by this chapter shall constitute
a violation of this chapter, invalidate the application and cause
immediate revocation of any license so issued.
[Amended 11-3-1976 by Ord. No. 9-1976]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be fined not exceeding $500 or suffer imprisonment
for a term not exceeding 90 days, or both such fine and imprisonment.
In the event the person violating any provision of this chapter is
a corporation, the officers, agents or employees thereof who shall
violate or shall procure, aid or abet any violation of any of the
provisions of this chapter, or permit the operation of any taxicab
contrary to the requirements thereof, shall be subject to the same
penalties as if they themselves were personally operating such taxicab
at the time such violation was committed.