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Township of Saddle Brook, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Art. I adopted by the Township Committee (now the Township Council) of the Township of Saddle Brook as indicated in article histories. Subsequent articles adopted by the Township Council of the Township of Saddle Brook as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 196.
[Adopted 10-4-1960 by Ord. No. 503]
For the purpose of this article, the following words and terms shall be deemed to have the following meanings herein given to them:
PERSON
Includes a firm, copartnership, association and corporation, and the singular or plural, the masculine, feminine or neuter, unless the contrary is clearly expressed.
PUBLIC TAXICAB STAND
A section of a public street or public place set apart for the exclusive use of a limited number of taxicabs when such section is distinctly marked as such by a metal sign attached to a stanchion on the curb or other conspicuous place or by clearly visible marks upon the surface of the street or public place.
TAXICAB
Any automobile or motorcar, commonly called taxi, cab, omnibus or by whatever name or designation it may now or hereafter be known or designated, 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 highways of the township, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places within the township upon the terms provisions or conditions prescribed in this article, or which is hired by charter or for a particular contract or by the day or hour or other fixed period to transport passengers to a specific place or places, or which charges a fare or price agreed upon in advance between the operator and passenger. Nothing in this definition contained shall be construed to include any motor vehicle, by whatever name of designation, used and employed solely in transporting schoolchildren or teachers, or autobuses which are subject to the jurisdiction of the Board of Public Utilities Commissioners.
[Amended 3-13-1962 by Ord. No. 525; 12-30-1981 by Ord. No. 849]
No taxicab shall operate upon, over or along the streets or other highways of the Township of Saddle Brook, nor shall any taxicab stand upon any public streets or other public place or on private premises within the limits of the Township of Saddle Brook, waiting for employment, without first obtaining a license from the Department of Police, which shall be issued to expire December 31 next succeeding the date of issuance. The annual fee to be paid for such license shall be the sum of $50 for each taxicab, which must accompany the application. Licenses shall be issued to no more than three taxicab owners, with each owner being entitled to a license for not more than four taxicabs.
A. 
Applications for licenses for taxicabs shall be made by the owners, corporation, copartnership, lessee or bailee thereof upon forms to be furnished by the Township Clerk, and such application shall contain the following information where the applicant is an individual:
(1) 
Full name of applicant.
(2) 
Street and post office address.
(3) 
Place of residence.
(4) 
Length of time he has resided in the Township of Saddle Brook.
(5) 
Place of birth.
(6) 
Whether a citizen.
(7) 
Places of previous employment.
(8) 
Whether married or single.
(9) 
Whether ever charged with, arrested for or convicted of a crime or other violation of law, and if so, what crime or offense.
(10) 
Whether previously licensed to operate a public hack, cab or taxi, and if so, where.
(11) 
Whether license to operate such hack, cab or taxi has ever been revoked, and if so, for what cause.
B. 
Licenses shall be issued by the Township Clerk after payment of the proper fee and approval by the Township Council.
No license to operate a taxicab shall be granted to any person unless he is a citizen of the United States or shall have declared his intention to become such a citizen and unless he has been a bona fide resident of the Township of Saddle Brook for one year next preceding the date of his application, unless for good cause shown and established at a hearing held for that purpose by the Township Council such disqualification shall be waived.
If upon inspection a taxicab is found to be in a safe condition for the transportation of passengers and in accordance with the provisions of this article and the rules and regulations established hereunder, upon payment of the license fee hereinabove set forth, the same may be licensed by delivering to the owner and applicant a card of such size and form as may be prescribed by the Department of Police.
The Department of Police shall maintain a constant vigilance over all taxicabs to see that they are kept in a condition of safety for the transportation of passengers.
[Amended 3-13-1962 by Ord. No. 525]
In order to ensure the safety of the public, it shall be unlawful for the owner or owners of any taxicab to operate such taxicab or cause or 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 Chapter 231 of the Laws of 1926 now embodied in N.J.S.A. 48:16.1 et seq., and the acts amendatory thereof or supplemental thereto, relating to the filing of an insurance policy covering the owner or operator of such vehicle for damages to persons for which he may become liable by reason of the ownership, maintenance or use of said vehicle. All such insurance policies shall be issued to expire December 31 next succeeding the date of issuance. And the said taxicab owner of said cab or omnibus for hire shall file an insurance policy with the Township Clerk in an amount of not less than $100,000 per person and $300,000 per accident for liability.
Licenses granted under the preceding sections of this article may be revoked or suspended at any time, after notice and hearing by the Township Council, if the vehicle shall not be in a safe condition for the transportation of passengers or not be kept in conformity with the terms of the article or its use permitted for any improper, immoral or illegal business or purpose, or for the violation of any statute or law of the State of New Jersey or of the United States, or for the violation of any of the provisions of this article.
No person shall drive a taxicab unless he shall have made application for a license to drive such vehicle upon a form provided by, and have received such license from, the Township Clerk. Every person applying for a license to drive a taxicab must furnish evidence that he has received a driver's license under the State Motor Vehicle Law. Each applicant for a driver's license under the terms of this article must conform to the following regulations:
A. 
Be of the age of 21 years or over, a citizen of the United States or have declared his intention to become such citizen, and be a resident of the Township of Saddle Brook for at least one year next preceding the date of such application, and not have been convicted of any crime involving moral turpitude within 10 years next preceding the date of said application.
B. 
Present the certificate of a reputable physician showing that he has been examined within 60 days and that he is of sound physique, with good eyesight and not subject to epilepsy or any other infirmity of body or mind which might render him unfit for the safe operation of a taxicab. The Chief of Police may, for good cause at any time after a driver's license has been issued, require the holder of same to submit to a physical examination in the manner herein set forth and present a certificate of such physician showing the nonexistence of the conditions above mentioned.
C. 
Be able to read and write the English language.
D. 
Be clean in dress and person and not addicted to the use of narcotics or intoxicating liquors.
E. 
State the name of the licensed owner by whom he will be employed.
F. 
File with his application three unmounted, unretouched photographs of himself taken within 30 days preceding the filing of such application. Photographs shall be of a size which may be easily attached to the license, one of which shall be attached to the license when issued and another to be filed with the application in the office of the Police Department. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without detection. Each licensed driver shall, upon demand of a member of the Police Department or any citizen, exhibit his license and photograph for inspection. Where the application for a license is denied, two copies of the photograph shall be returned to the applicant.
G. 
Furnish a complete set of fingerprints, which shall be attached to the application, the same to be taken and furnished by such persons as the Chief of Police may direct.
There shall be delivered annually to each licensed driver a plastic badge, the color of which shall be changed each year, of such form and style as the Chief of Police may prescribe, with such licensed driver's own license number and the word "operator" clearly appearing thereon, which must, under the penalties hereinafter prescribed and the suspension or revocation of the license, be constantly and conspicuously displayed in the vehicle when he is engaged in his employment. No vehicle shall be operated except when a duly licensed person displays such badge conspicuously in said vehicle. And for each original license or for each renewal thereof, a fee of $5 is hereby established for the issuance of such badge and license as imposed by these regulations.
The Township Clerk is hereby authorized to issue temporary permits to drivers of taxicabs with the approval of the Township Council; provided, however, that no temporary permit shall be issued except when in the opinion of the Township Council a public emergency exists affecting the transportation of the public upon the streets of the township limits. Such temporary permits may be granted for a fifteen-day period from the date of issuance and may be renewed for a similar period from time to time but only upon the approval of the Township Council. The fee for a temporary permit shall be $0.50 for each permit issued.
Any change of address of any owner of a taxicab or a licensed driver under the provisions of this article must be submitted in writing to the Township Clerk within a period of 48 hours of such change of address, and the taxicab license or driver's license will be subject to revocation for any violation hereof.
A. 
Whenever a taxicab owner or taxicab driver shall have violated any state or federal statutes or any provisions of this article or any of the rules and regulations made by the Township Council, or whenever in the judgment of the Township Council the promotion of public life, health, morals or safety will be promoted by a suspension or revocation of the above taxicab owner's or taxicab driver's license, the Township Council may hold a hearing to determine whether such license should be suspended or revoked, and said owner or driver shall receive five days' notice of the time and place where the hearing is to be held. After such hearing, if the Township Council determines that the aforesaid owner or driver is guilty of the charges made against him, the license of said owner or driver may be suspended or revoked by the Township Council. Any such suspension shall be noted on the license, together with a statement of the reasons therefor. Upon the third offense against any licensed driver, the Township Council shall revoke the license. No driver whose license has been revoked shall again be licensed as a taxi driver, and the Township Clerk will be notified whenever such license has been revoked.
B. 
Nothing herein contained shall limit the power of the Township Council to immediately suspend such license for a period not exceeding five days, pending the giving of such notice and holding of hearing, whenever in the opinion and discretion of the Township Council such action is necessary in the public interest; provided, however, that where, in the event of such temporary suspension, said notice and hearing of alleged violation or charges as herein provided is not given prior to the expiration of said five-day period, said proposed charges and violations shall be deemed dismissed.
Taxicabs occupying stands on private premises shall be subject to all the provisions of this article, except as provided otherwise herein.
A. 
No taxicab driver shall park in front of the entrance of any building within a prohibited parking space after his passengers desiring to leave have alighted, nor park in any prohibited parking space waiting for passengers.
B. 
No driver of a taxicab shall suffer or permit persons to loiter in or about his taxicab while on duty.
C. 
No vehicle other than a licensed taxicab shall stop on any public taxicab stand except while loading or unloading goods, wares or merchandise or while receiving or discharging passengers.
D. 
No taxicab shall occupy any public taxicab stand other than the stand designated on the permit issued.
[Amended 3-13-1962 by Ord. No. 525]
All licenses as provided under this article to operate taxicabs may use vehicles carrying not less than four passengers and shall charge the following maximum fees for carrying passengers upon any journey from one point to another within the township limits, which, for the purpose of this article, shall be deemed to be all that area within the borders of the Township of Saddle Brook:
A. 
For one or two passengers: $0.65.
B. 
For each additional passenger over two in number: $0.25 each.
All taxicab drivers licensed hereunder, while employed in operating a taxicab, shall wear a chauffeur's cap of such style and design as approved by the Township Council.
Except as herein provided otherwise, any person who shall violate any of the provisions of this article shall forfeit and pay a penalty not to exceed the sum of $100, and each day any such violation shall continue shall be deemed and taken to be a separate and distinct offense. Upon default of the payment of the fine imposed under the provisions of this article, the person or persons so defaulting shall be imprisoned in the county jail for a term not exceeding 30 days.
All taxicab drivers or owner-licensees shall maintain records of fares from point of hire to the point of destination, showing the time, date and the amount of fare, These records shall be kept for at least 30 days.
There shall also be posted in a conspicuous place on the inside of each taxicab the name and address of the owner and the name and address and photograph of the driver, together with the license number of the taxicab and the number of the driver's license, the same to be provided by the owner in a manner to be approved by the Township Council.
[Amended 3-26-1987 by Ord. No. 945]
Licenses shall be issued as of January 1, to expire December 31.
[Adopted 9-10-1998 by Ord. No. 1169]
As used in this article, the following terms shall have the meanings indicated:
LIVERY SERVICE
Includes any automobile or motor car service with a carrying capacity of not more than 10 passengers, not including the driver, for 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 article contained shall be construed to include taxicabs, hotel buses or buses employed solely in transporting school children or teachers or autobuses.
PERSON
Includes any individual, partnership, association, corporation or other entity, their lessees, trustees or receivers appointed by any court whatsoever.
STREET
Includes any street, avenue, park, parkway, highway or other public place.
VEHICLE
Includes every device in, upon or by which a person or property is or may be transported upon a street, excepting devices moved by human power or used exclusively upon stationary rails or tracks or motorized bicycles.
No livery service whose principal place of business is in the Township of Saddle Brook shall be operated wholly or partly along any street in the Township of Saddle Brook until the owner, principal or purveyor of the livery service shall have filed with the Township Clerk an insurance policy, from an insurance company duly licensed to transact business under the insurance laws of the state, in the sum of $50,000. This policy shall protect against loss by reason of liability imposed by law upon every owner, principal or purveyor of livery service for damages on account of bodily injury or death suffered by any person as the result of an accident occurring by reason of the ownership, maintenance or use of the livery service upon any public street.
No livery service licensed and authorized to do business under this article shall be permitted to operate, house, employ or otherwise place into service more than one vehicle at the same time during any period of operation as authorized under this article.
The owner, principal or purveyor of livery service shall execute and deliver to the Township Clerk a power of attorney, whereby the owner shall appoint the Chief Financial Office for the township 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 filed.
A. 
No person or entity shall be permitted to provide or operate livery services within the Township of Saddle Brook until such person or entity has first obtain a certificate of compliance from the Township Clerk's office.
B. 
Each person applying for a certificate of compliance shall fully complete the livery license application form available at the Township Clerk's office.
C. 
A copy of the bill of sale for the vehicle to be operated on the streets of Saddle Brook shall be filed with the application for a certificate of compliance.
D. 
A copy of the vehicle registration shall be provided to the Township Clerk within 48 hours of the vehicle's registration with the State Division of Motor Vehicles.
E. 
Each person licensed and authorized to provide livery services under this article shall be responsible for notifying, in writing, the Township Clerk's office of any changes in vehicle registration, usage or other required information within 10 days of such change.
A license fee of $90 be paid to the Township Clerk and shall accompany all applications for certificates of compliance under this article.
A. 
The Township Clerk shall issue a certificate of compliance to the owner who has fulfilled the terms and provisions of this article.
B. 
Nothing in this Code shall preclude full compliance with the laws of the State of New Jersey, including N.J.S.A. 48:16-13 et seq.
C. 
Each applicant for a certificate of compliance shall also be responsible for registering each vehicle with the Director of the Division of Motor Vehicles as set forth in N.J.S.A. 39:3-19.
Every livery service license shall expire on the first day of January following the date of the issuance thereof.
Any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction, be punishable by a fine not exceeding $1,000, imprisonment not exceeding 90 days and/or a period of community service not exceeding 90 days.
Nothing contained herein shall be construed as superseding or invalidating any provision of any other chapter of the Saddle Brook Code or portion thereof, including, but not limited to, Chapter 206 of the Saddle Brook Code (i.e., Zoning), or any other Code provisions, regulations or other authority regarding the use and occupancy of premises within the township.