[Ord. #355; 1972 Code § 80-1]
As used in this section:
DRIVER
Shall mean any "person," who drives a "taxicab" within this
Borough.
LICENSED
Shall mean in accordance with the appropriate section of
this section.
OPERATION OF A TAXICAB
Shall consist of transporting in such "taxicab" one or more
"persons" for hire along any of the streets in this Borough. Accepting
a passenger being transported for hire within this borough from a
point within this Borough to a point outside of the Borough limits,
or discharging a passenger transported for hire from a point outside
of the Borough limits, shall be deemed to be "operation of a taxicab"
within the meaning hereof. The "operation of a taxicab" in any of
the above-described manners by one other than the "owner" shall be
deemed operation by the "owner" thereof as well as by the "person"
actually driving the same. The transportation of any "person" other
than the "owner" or "driver" in any motor vehicle bearing a sign therein
or thereon using the word "taxi," "taxicab" "cab" or "hack" shall
be prima facie evidence of operation.
OWNER
Shall mean any "person," corporation or association in whose
name title to any "taxicab" is registered with the New Jersey Department
of Motor Vehicles or who appears in such records to be the conditional
vendee or lessee thereof.
PERSON
Shall mean and include the plural as well as the singular,
and artificial as well as natural "persons."
TAXICAB
Shall mean and include 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,
and which accepts passengers for transportation from points or places
to points or places within or without the said borough.
[Ord. #355; 1972 Code § 80-2]
No person shall operate any taxicab within this Borough unless
both the taxicab and the driver thereof are licensed pursuant to this
section and conform to all the provisions hereof.
[Ord. #355; 1972 Code § 80-3]
There are hereby established two classes of taxicab licenses,
to be known as "taxicab driver's license" and "taxicab owner's license"
respectively.
[Ord. #355; 1972 Code § 80-4]
A taxicab driver's license shall entitle the person named therein
to operate within this Borough any taxicab duly licensed hereunder.
[Ord. #355; 1972 Code § 80-5]
A taxicab owner's license shall entitle the taxicab therein
described to be operated in this borough by a driver duly licensed
hereunder.
[Ord. #355; 1972 Code § 80-6]
The Governing Body does hereby determine that the number of
taxicabs necessary for the convenience of the citizens of the Borough
shall not exceed two in number. The number of taxicab owner's licenses
which may be issued is limited to that number. Should the public convenience
and necessity require a greater or lesser number, the same may be
fixed by resolution of the Governing Body.
[Ord. #355; 1972 Code § 80-7]
Any license issued pursuant to the terms of this section shall
expire at 12:00 midnight on December 31 of the year in which it was
issued unless sooner surrendered, suspended or revoked.
[Ord. #355; 1972 Code § 80-8]
All applications for the issuance or renewal of any license
of either class shall be made to the Governing Body in duplicate on
forms adopted by said Governing Body and obtained from the Borough
and designed to elicit information respecting the identification and
responsibility of the applicant.
[Ord. #355; 1972 Code § 80-9]
Each applicant for a license of any class shall supply the information
requested on the application in full and verify the correctness thereof
by his oath or affirmation and thereafter file the completed application
with the License Officer, together with the full amount of the proper
fee hereafter fixed therefor: the License Officer shall thereupon
post notice after such application in at least one public place in
the Borough.
[Ord. #355; 1972 Code § 80-10]
Each applicant for a taxicab driver's license shall file with
his application two photographs, each 3 1/2 inches by 3 1/2
inches in size, clearly depicting the facial features of the applicant,
both of which photographs shall thereupon become the property of the
Borough and be retained with the application form unless the license
shall be issued, in which event one of such photographs shall be permanently
affixed to the license card in a space provided thereon.
[Ord. #355; 1972 Code § 80-11]
Every applicant for a taxicab driver's license shall, at the
time of filing his application, be fingerprinted by the Borough Police
Department: an impression of such fingerprints shall thereupon be
forwarded forthwith by the Police Department to the Bureau of Identification
of the New Jersey State Police for a report of applicant's criminal
record, which report, when received, shall be permanently affixed
to the application before consideration thereof by the Governing Body.
[Ord. #355; 1972 Code § 80-12]
Every applicant for a taxicab owner's license shall, together
with his application, submit an insurance policy of a company duly
licensed to transact business under the insurance laws of this State,
conditioned for the payment of a sum of 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, and a sum of not
less than $300,000 to satisfy all claims for damages by reason of
the bodily injuries to or the death of all persons on account of any
such accident, by reason of the ownership, operation, maintenance
or use of such taxicab; and conditioned for the payment of a sum not
less than $50,000 to satisfy any claim for damages to property of
any one person resulting from an accident, and a sum not less than
$50,000 to satisfy all claims for damages to property of all persons
on account of any such accident, by reason of the ownership, operation,
maintenance or use of such taxicab upon any public street.
[Ord. #355; 1972 Code § 80-13]
The annual fee for each taxicab driver's license hereafter issued
or any renewal thereof shall be $25 for each year or portion of a
year for which the license is issued or renewed, and the annual fee
for each taxicab owner's license issued or renewed shall be $100 for
each year or portion of a year for which the license is issued or
renewed. Such fees shall not be prorated nor any part thereof refunded
for any reason, except that upon the denial of an application for
issuance or renewal of a license by the Governing Body, 50% of the
fee deposited shall be returned to the applicant and 50% shall be
retained by the Borough as compensation for investigation of the application.
[Ord. #355; 1972 Code § 80-14]
The Governing Body may, in its discretion, refuse to issue or
renew, or may, after notice and hearing, revoke or suspend:
a. Any license of either class if the applicant for the license has
been convicted of a crime in this or any other jurisdiction, or convicted
of being a disorderly person or of a violation of Title 39, "Motor
Vehicles and Traffic Regulation," of the Revised Statutes of New Jersey,
or who violates any provision of this Chapter or has any judgment
unsatisfied of record against him arising out of an automobile accident,
or who has made false answers in his application for such license
or any renewal thereof or who has failed or fails to render reasonably
prompt, safe and adequate taxicab service, or who has not complied
fully with all requirements of this ordinance for such class of license;
or, in addition,
b. Any taxicab driver's license if the licensee or applicant has in
any degree contributed to any injury to person or damage to property
arising out of negligent operation of a motor vehicle, or has any
communicable or contagious disease; or
c. Any taxicab owner's license if the motor vehicle licensed or to be
licensed, by reason of unsafe or unsanitary condition, is dangerous
to the safety or health of the occupants or others, or if the policy
of insurance required herein has once lapsed, or such coverage not
maintained at all times.
[Ord. #355; 1972 Code § 80-15]
Each applicant granted a taxicab driver's license shall be issued
a license card in evidence thereof in a form approved by the Governing
Body and signed by the Borough Clerk in its behalf; such license card
shall at all times be prominently displayed and adequately protected
in the interior of any taxicab operated by the licensee so that the
face thereof shall be at all times in the full view of and plainly
legible to any passenger seated in the rear seat of such taxicab;
the license card shall at all times be and remain the property of
the Borough and, at the directions of the Governing Body, shall at
any time be surrendered to the Borough Clerk.
[Ord. #355; 1972 Code § 80-16]
No taxicab driver's license card other than that of the licensee
actually operating the cab at the time shall be displayed therein.
[Ord. #355; 1972 Code § 80-17]
Every taxicab operated under this section shall have a rate
card setting forth the authorized rates of fare, displayed in such
a place as to be in full view of all passengers.
[Ord. #355; 1972 Code § 80-18]
Every driver shall maintain a daily manifest upon which are
recorded all trips made each day, showing time and place of origin
and destination of each trip and amount of fare, and all such completed
manifests shall be returned to the owner by the driver at the conclusion
of his tour of duty. The forms for each manifest shall be furnished
to the driver by the owner and shall be of a character approved by
the Police Department. Such records shall be subject to inspection
by the Borough Police Department. There shall also be reported to
the Borough Clerk the happening of an accident involving such taxicab
or the loss of property left in the taxicab by a passenger, within
24 hours after such event.
[Ord. #355; 1972 Code § 80-19]
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, 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 Chief of
Police or other designated officer so that it may be inspected to
determine whether it complies with the provisions of this section.
[Ord. #355; 1972 Code § 80-20]
The operator of each taxicab shall at all times have available
a suitable cash receipt book to write out, sign and give to any passenger
requesting the same a written receipt in the amount of the fare paid.
[Ord. #355; 1972 Code § 80-21]
The Governing Body may, by resolution, make such general rules
and regulations and such special findings and rulings as may be necessary
for the proper regulation and control of the operation of taxicabs
in the Borough and enforcement of this section, in addition thereto
and not inconsistent therewith, and may alter, amend, repeal and publish
the same.
[Ord. #355; 1972 Code § 80-22]
The violation by the taxicab owner or the taxicab driver of
any rules, regulations, special findings and rulings which are hereafter
promulgated by the Governing Body and included within a resolution
adopted by the Governing Body shall be sufficient cause for revocation
of any license granted to such taxicab owner or taxicab driver pursuant
to this section and shall be sufficient cause for the refusal by the
Governing Body to renew such license in addition to any and all other
grounds heretofore specifically mentioned in this section.
[Ord. #355; 1972 Code § 80-23]
Any person who violates any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter
1, Section
1-5.