Borough of Madison, NJ Chapter 173 Taxicabs

[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 9-8-1952 by Ord. No. 573 (Art. 89 of the 1970 Revised Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Regulation of vehicles and traffic generally — See Ch. 185.

§ 173-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BOROUGH

The Borough of Madison, New Jersey.

CLERK

The Borough Clerk of the Borough of Madison, New Jersey.

COUNCIL

The Council or governing body of the Borough of Madison.

DRIVER

Includes any person who, while occupying any taxicab or livery, drives, conducts and directs the actual mechanical operation thereof, whereby passengers are transported therein for hire.

LIVERY

Includes any motor vehicle (other than a bus, taxicab or motor vehicle used in the conduct of a funeral), which is owned or used for the purpose of transporting passengers for hire and which is hired by specific charter or for a particular contract, or by the day or other fixed period, and for which use there is charged a fare or price agreed upon in advance between the owner or operator and the passenger.

MADISON CENTER

Includes those portions of Waverly Place and Lincoln Place set apart for the exclusive use of a designated number of taxicabs and the property adjacent to the railroad station available for the use of taxicabs.

[Added 4-11-1960 by Ord. No. 708]

OPERATOR

Includes any person who owns, directs, conducts or is in charge of the actual operations of any taxicab or livery business or of any taxicab or livery, either as owner, manager, driver or otherwise.

OWNER

Includes any person who holds legal title to any taxicab or livery, any conditional vendee or lessee or any other person having an interest in said vehicle which shall entitle him to the immediate right of possession thereof.

PERSON

Includes any individual, partnership or corporation, singular or plural, unless the contrary is clearly expressed.

PUBLIC TAXICAB STAND

Includes a section of a public street or other public place set apart for the exclusive use of a designated number of taxicabs. Such section shall be distinctly marked by appropriate metal signs as required by motor vehicle and traffic regulations of the State of New Jersey. A taxicab stand may be further identified by appropriate markings and lettering upon the surface of the street or public place.

TAXICAB

Includes any motor vehicle, other than a bus or livery, which is operated or engaged in the business of transporting passengers for hire.

§ 173-2 Owner's license required; exceptions.

Except as hereinafter set forth, no taxicab or livery shall be driven or operated within the Borough or shall be used or engaged in the business of transporting persons for hire until the owner thereof shall have first obtained a license therefor from the Borough. The provisions of this section shall not apply to out-of-town operators who may deliver passengers in Madison or pass through the Borough.

§ 173-3 Operator's license required.

No person shall drive or operate, or cause to be driven or operated, any taxicab or livery in the Borough until such person shall have obtained a license therefor from the Borough, as hereinafter set forth.

§ 173-4 Enforcement.

The examination, licensing, regulation and inspection of taxicabs and liveries, the examination and licensing of applicants or owners' and drivers' licenses and the enforcement of all the provisions of this chapter shall be under the control of the Council, and said Council shall have the power to approve, deny, suspend or revoke any taxicab or livery owner's or driver's license for cause, as hereinafter provided.

§ 173-5 Application forms.

All applications for licenses under this chapter shall be made in writing on forms to be provided by the Borough.

§ 173-6 Changes of address.

Any subsequent change of address of any owner or any change in the name or address of any operator or driver shall be reported by the owner, operator or driver to the Borough Clerk, in writing, within three days after such change, and the Borough Clerk shall immediately report such changes of address to the Council.

§ 173-7 Transfers; licensing of substitute vehicle.

A. No owner of any licensed taxicab or livery shall sell, lease, rent, assign, hire, transfer or in any other manner dispose of such taxicab or livery or any taxicab or livery business without notification to the Council of the Borough; and no owner of any licensed taxicab or livery shall sell, lease, rent, assign, hire, transfer or in any other manner dispose of any taxicab license without first obtaining proper transfer of the license.

B. In the event that any licensed owner shall acquire a vehicle during any license period which is intended to be used as a substitute for one previously licensed, the owner thereof shall immediately notify the Borough Clerk, in writing, of such substitution and apply for a transfer of the license from the previously licensed vehicle to the one to be substituted therefor. Subject to the provisions of this chapter and the payment of the transfer fee, the Borough Clerk shall approve the transfer of such license.

[Amended 3-9-1953 by Ord. No. 579; 8-1992 by Ord. No. 21-92]

C. During the period subsequent to such notification and prior to the approval or disapproval by the Council of the transfer of the license to permit the operation of such substituted vehicle, the owner may operate such substituted vehicle or cause the same to be operated, subject to the other provisions of this chapter.

[Added 3-9-1953 by Ord. No. 579]

D. Nothing herein contained, however, shall be construed as authorizing any person who is not presently licensed as an owner to operate or permit the operation of any taxicab or livery owned by him, as herein defined, prior to the granting to him of an owner's license; nor does it authorize the operation by a licensed owner of any additional vehicle for which no owner's license has been granted, pending approval by the Council.

[Added 3-9-1953 by Ord. No. 579]

§ 173-8 Rental of vehicles.

No owner of any taxicab or livery shall hire out or rent the same to any other person for use as a taxicab or livery within the Borough for a stipulated sum and for a definite period of time without the consent of the Council of the Borough.

§ 173-9 Operation of taxicab or livery by unlicensed drivers.

No owner of any taxicab or livery shall permit the same to be driven as such by any person other than a person licensed to drive the same by the Borough.

§ 173-10 Inspections.

[Amended 12-10-1990 by Ord. No. 45-90]

No taxicab or livery license shall be approved or issued until the said taxicab or livery has been thoroughly inspected and is found to be in a clean and sanitary condition and mechanically safe for the transportation of passengers. Inspections may be made at any time and shall be made by the Madison Police Department. The Borough Clerk shall keep a record of such inspections. Inspections shall be made once in every year, six months prior to the expiration of the vehicle's state registration.

§ 173-11 Refusal or revocation of license for unsafe or unsanitary conditions.

If, upon inspection, a taxicab or livery is found to be unsafe for the transportation of passengers, or unclean and unsanitary, the license for the same shall be refused or, if already issued, may be revoked or suspended by the Council.

§ 173-12 Efficient service and the meeting of all trains required.

[Added 4-11-1960 by Ord. No. 708]

Every owner, operator and driver of a taxicab or taxicabs shall undertake to render prompt and efficient service to the public at all times. This shall include making available, at the Madison railroad station, a sufficient number of taxicabs to meet the needs of the public and to meet all trains, including the train arriving at Madison from Hoboken at 2:19 a.m. Failure to meet trains or to render prompt and efficient service shall be sufficient grounds for the Council, after hearing, to suspend or revoke any license, or said Council may, in its discretion, refuse to renew any license.

§ 173-13 Weekly hours of operation.

[Added 5-13-1963 by Ord. No. 767]

Whereas it is the opinion of the Council of the Borough of Madison that the failure to operate taxicabs for which licenses have been granted is contrary to the best interest of the public, every taxicab owner or operator to whom a taxicab license is granted shall operate said taxicab or cause the same to be operated for the transportation of passengers during a total of at least 40 hours in each week. Failure to operate such taxicab during a period of 40 hours in any week, without good cause, shall constitute grounds for the revocation of such license or the refusal to renew the same.

§ 173-14 Insurance requirements.

[Amended 12-29-1970 by Ord. No. 28-70]

A. No taxicab or livery shall be licensed until a policy of insurance shall have been filed with the Borough Clerk in accordance with the following prescribed schedules of coverage:

(1) Personal injury liability: $100,000 per person; $300,000 per incident.

(2) Property damage liability: $50,000.

B. Said policy of insurance shall also be approved by the Borough Attorney. In the event of any transfer of ownership or purchase of new equipment (vehicles), it shall be the duty of owner to effect the proper transfer of insurance coverage and furnish the same to the Borough Clerk.

§ 173-15 License fees for taxicabs and liveries.

A. For every taxicab for which a license is issued by the Borough, the owner thereof shall pay to said Borough annually a fee of $25. For every livery for which a license is issued by the Borough, the owner thereof shall pay a fee of $35 for the year 1991, $40 for the year 1992 and $50 for every year thereafter.

[Amended 12-10-1990 by Ord. No. 45-90; 8-11-2003 by Ord. No. 37-2003]

B. The fee for any license granted after the first day of August in any year shall be 1/2 of the annual fee for the vehicle for which the license is applied. Every license shall expire at 12:00 midnight on December 31 of the year for which the same is issued. Renewal applications for the following year may be made on and after November 1.

C. All fees shall be paid to and the licenses shall be issued by the Borough Clerk.

[Amended 12-10-1990 by Ord. No. 45-90]

§ 173-16 Display of license card and fare rates in taxicabs.

Whenever a taxicab license is granted, the Borough Clerk shall also issue a card containing the name of the owner, the license number of the vehicle, the year of issue and the rates of fare as herein provided. Such card shall be inserted in a card rack or frame to be provided by the owner and attached in the inside of the taxicab visible to the passenger.

§ 173-17 Display of license card in liveries.

Upon issuance of a livery license, the Borough Clerk shall issue to the licensee a card containing the name of the owner, the license number of the vehicle and the year of issue. Said card shall remain in the livery for which issued and shall be exhibited by the driver or owner thereof upon request.

§ 173-18 License transfer fee.

Any license issued for any taxicab or livery may be transferred in accordance with the provisions of this chapter after approval of the Council and upon the payment to the Borough of a transfer fee of $10 for each vehicle for which the license is to be transferred.

§ 173-19 License fees for driver's license; term of license.

[Amended 12-10-1990 by Ord. No. 45-90; 8-11-2003 by Ord. No. 37-2003]

A fee of $10 for the year 1991, $12.50 for the year 1992 and $25 for every year thereafter shall be paid for each driver's license and for each and every renewal thereof. Every driver's license shall expire at 12:00 midnight on December 31 of the year for which it was issued. The license fee as provided above shall be paid to the Borough Clerk at the time the application for the license is made.

§ 173-20 Qualifications of applicants for driver's license.

[Amended 4-11-1960 by Ord. No. 708; 5-13-1963 by Ord. No. 767]

Every applicant for a driver's license hereunder shall be:

A. A resident of the State of New Jersey at the time of making application.

[Amended 11-10-1986 by Ord. No. 47-86]

B. The holder of a New Jersey auto driver's license.

C. Able to understand, read and write the English language.

D. In possession of a satisfactory knowledge of traffic regulations[1] and geography of the Borough and its surroundings.

[1] Editor's Note: For current Borough traffic regulations, see Ch. 185, Vehicles and Traffic.

E. In good physical and mental condition, as well as of good character.

§ 173-21 Matters disqualifying applicants for driver's license.

No person will be granted a driver's license hereunder who shall:

A. Be physically impaired in a manner to affect his ability to drive.

B. Be addicted to the use of drugs or intoxicating liquors.

C. Have a record as a habitual violator of the provisions of the New Jersey motor vehicle and traffic regulations.

D. Have a record of having been involved in accidents occasioned by his negligence or carelessness.

E. Have been convicted of operating a motor vehicle while under the influence of drugs or intoxicating liquor or of reckless driving, unless a determination is made that such offense(s) should not be used as grounds for disqualification based upon consideration of the nature, circumstances and seriousness of such offense(s), age at the time of the offense(s), evidence of rehabilitation and other pertinent factors.

[Amended 3-13-1989 by Ord. No. 3-89]

F. Have been convicted of a crime which relates adversely to the business for which a license is sought, which shall be determined in accordance with N.J.S.A. 2A:168A-2, based upon consideration of the following factors or any other factors:

[Added 3-13-1989 by Ord. No. 3-89]

(1) The nature and duties of the business for which a license is sought.

(2) The nature and seriousness of the crime.

(3) The circumstances under which the crime occurred.

(4) The date of the crime.

(5) The age of the person when the crime was committed.

(6) Whether the crime was an isolated or repeated incident.

(7) Social conditions which may have contributed to the crime.

(8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs or the recommendation of persons who have or have had the applicant under their supervision.

§ 173-22 Driver's license application requirements; renewals.

[Amended 4-11-1960 by Ord. No. 708; 5-13-1963 by Ord. No. 767]

A. Every applicant for a taxicab driver's license shall furnish with his application three copies of a photograph of himself, of a size two inches by two inches, taken within six months of the date of such application.

B. Every applicant for a taxicab driver's license shall also furnish with his application a certificate of a reputable physician certifying that said physician has examined the applicant within the thirty-day period preceding the date of said application and that said applicant is of sound physique, has good eyesight and is not subject to epilepsy, vertigo, heart ailment or any other infirmity of body.

C. Said applicant shall further present proof that within the thirty-day period preceding the date of said application he has undergone and satisfactorily passed a test indicating that his faculties of perception are unimpaired and of a degree sufficient to permit him to properly operate a taxicab without endangering persons or property by reason of lack of perceptive ability or impairment thereof.

D. Every licensed taxicab driver who has complied with the provisions of this section and who renews his taxicab driver's license annually thereafter shall not be required to again furnish a certificate of fitness until he presents his third successive annual application for renewal of such license, when he shall again present with his application a certificate indicating his fitness to operate a taxicab as hereinabove required; provided, however, that, at the discretion of the Chief of Police, every person of the age of 65 years or over shall, when applying for a taxicab driver's license or renewal of any such license, present proof of his fitness, as hereinabove set forth, with his application for such license of renewal.

[Amended 11-14-1994 by Ord. No. 37-94]

E. In order to ensure compliance with § 173-21 herein, every applicant shall submit a completed form as provided for in § 34-18 of the Borough Code for a criminal history background check.

[Added 3-13-1989 by Ord. No. 3-89]

§ 173-23 Approval of applications.

[Amended 3-13-1989 by Ord. No. 3-89]

Every application for a driver's license, together with the other materials and information required to be furnished in connection therewith under the provisions of this chapter, shall be presented by the Borough Clerk to the Council of the Borough of Madison. The Council shall then consider said application, together with the information submitted therewith, and shall approve or disapprove the granting of the license. The Council shall notify the Borough Clerk of its action, and the same shall be entered in the minutes of the Borough Council. In accordance with N.J.S.A. 2A:168A-2, if an application is denied based upon the grounds for disqualification set forth in § 173-21F, the applicant shall be provided with a written explanation based upon consideration of the factors enumerated therein.

§ 173-24 Issuance and display of licenses and identification cards.

[Amended 2-11-1980 by Ord. No. 1-80]

A. Upon satisfactory fulfillment of the requirements herein set forth and approval by the Council, the Borough Clerk shall issue a driver's license to the applicant.

B. Said Clerk shall also issue to the licensee an identification card containing:

(1) The name of the licensee;

(2) A straight front view photograph of the licensee;

(3) The Borough license number; and

(4) A notice that in case of any complaint the Chief of Police of the Borough should be notified.

C. While engaged as a taxicab driver, such licensee shall insert said identification card in a card rack or frame, to be provided by the owner of the taxicab which is being driven, and attached on the inside of the vehicle in a place readily visible to the passengers. Said rack or frame shall be of a type which will not conceal any of the information set forth on the driver's identification card. The driver shall be responsible for transferring his identification card to the taxicab being operated by him at the time.

D. While engaged as a livery driver, such licensee shall have his identification card in his possession and shall exhibit the same upon request.

§ 173-25 Suspension or revocation of driver's license.

[Amended 3-13-1989 by Ord. No. 3-89]

The Council may suspend or revoke said driver's license as determined under the circumstances to be appropriate in the interest of the public safety and welfare if at any time after the issuance of any driver's license hereunder the holder thereof is convicted of:

A. A crime or offense which relates adversely to the business for which the license is held, as determined, in writing, according to consideration of the factors specified in § 173-21F.

B. Operating any motor vehicle while under the influence of any drug or intoxicant.

C. Reckless driving.

D. Habitual violations of the provisions of the New Jersey motor vehicle and traffic laws or the parking and traffic regulations of the Borough of Madison.[1]

[1] Editor's Note: For current Borough parking and traffic regulations, see Ch. 185, Vehicles and Traffic.

E. Violating any of the provisions of this chapter.

F. Using or permitting the use of any taxicab or livery driven by him or her for any illegal or immoral purpose.

§ 173-26 Temporary permits to drive taxicabs.

If the Chief of Police shall approve a driver's license and all other requirements of this chapter relating to the application for a driver's license have been complied with, including the payment of the license fee, the Borough Clerk may issue to an applicant a temporary permit to enable said applicant to drive a taxicab until the Council shall have considered said application and either granted or rejected the same. Such temporary permit shall immediately expire after consideration of said application by the Council and the approval or rejection of the same.

§ 173-27 Suspension or revocation of owner's license.

The license of any owner of a taxicab or livery may also be suspended or revoked if said owner permits the use of the same for any illegal or immoral purpose or for violation of any provisions of this chapter.

§ 173-28 Designation of public taxicab stands; signs.

The Council is hereby authorized to designate by ordinance, as provided in the motor vehicle and traffic regulations of the State of New Jersey, public taxicab stands at such places, as, in its judgment, public convenience may from time to time require; and such public taxicab stands shall be designated in the manner required by law.[1] A metal sign or signs shall also be attached to a stanchion or stanchions at the curb or displayed at some other conspicuous place adjacent to every such taxicab stand, setting forth the number of taxicabs which are permitted to occupy such stand. Not more than the number of taxicabs set forth on the metal sign may remain at the stand while awaiting employment. Taxicab stands may further be designated by appropriate markings on the street pavement.

[1] Editor's Note: For designation of taxicab stands by ordinance of the Borough Council, see Ch. 185, Vehicles and Traffic.

§ 173-29 Solicitation of patronage other than at designated stands prohibited.

No taxicab driver shall be permitted to solicit patronage on any of the streets or public places in the Borough, except at the designated stands or locations created by ordinance.

§ 173-30 Standing at other than designated stands; solicitation of business by cruising.

No taxicab, while waiting for employment by passengers, shall stand on any public street or space other than that at or upon a taxicab stand designated or established in accordance with this chapter; nor shall any driver of such taxicab seek employment by repeatedly or persistently driving a taxicab to and fro in a short space before or by otherwise interfering with the proper and orderly access to and egress from any theater, hall, public building, railway station or other place of public gathering.

§ 173-31 Improper conduct and language.

No owner or driver of any taxicab or livery shall use indecent or profane language, indulge in any loud, offensive or boisterous talk or shouting, engage in any disorderly conduct or vex or annoy passengers or citizens. In addition to any other penalty herein set forth, the Council may suspend or revoke the license of any driver or owner who shall, in its opinion, be guilty of such conduct.

§ 173-32 Misleading information; circuitous routes.

No owner or driver of any taxicab or livery licensed hereunder shall induce any person to employ him or his vehicle by knowingly misinforming or misleading any such person, nor shall any driver convey any passenger to any place or by any route other than the most direct route unless otherwise directed by said passenger.

§ 173-33 Lost or abandoned property in vehicles; disposition.

The driver of any taxicab or livery shall, immediately after the termination of any hiring or employment, carefully search his taxicab or livery for any property lost or abandoned therein. Such property, unless sooner claimed by or delivered to the owner, must be delivered to the Chief of Police for safekeeping within 24 hours after the finding thereof.

§ 173-34 Rates of fare.

[Amended 4-11-1960 by Ord. No. 708; 12-9-1968 by Ord. No. 28-68; 3-11-1974 by Ord. No. 1-74; 12-8-1975 by Ord. No. 34-75; 4-9-1979 by Ord. No. 7-79; 12-27-1979 by Ord. No. 32-79; 2-11-1980 by Ord. No. 1-80]

A. The prices that may be charged by the owner, operator or driver of any taxicab for the transportation of passengers for hire, on any day between 7:00 a.m. and the following 11:00 p.m., prevailing time, shall not exceed the amounts herein stated:

(1) For transporting one passenger only between Madison Center and any location within a radius of one mile in any direction from said Center: $1.75; and for each additional passenger transported between the same points during the same trip: $0.50.

(2) For transporting one passenger from Madison Center to a location which is within the limits of the Borough of Madison but is outside a radius of one mile in any direction from the Center: $2; and for each additional passenger between the same points during the same trip: $0.50.

(3) For transporting one passenger from any location other than the Center to any destination other than the Center: $1.75; and for each additional passenger transported between the same points during the same trip: $0.50.

B. The owner, operator or driver of any taxicab for the transportation of any passenger for hire, between any locations within the Borough of Madison on any occasion between 11:00 p.m. and the following 7:00 a.m., prevailing time, may charge a minimum fee of $2.25; and for each additional passenger transported between the same points during the same trip: $0.50.

C. Every driver of a taxicab shall, while operating the same, carry within such cab a map of the Borough of Madison, of a type and size to be approved by said Borough, indicating thereon which portions of said Borough are and which are not within the radius of one mile from Madison Center, as herein defined. Every driver shall, when so requested by a passenger in the taxicab being driven by him or when requested by any police officer of the Borough of Madison, produce said map and allow the same to be examined by said passenger or police officer.

§ 173-35 Payment of fare; duty to convey persons upon request; fare disputes.

A. Every owner, operator or driver of any taxicab shall have the right to demand payment of the regular fare in advance and may refuse employment unless it is prepaid, but no driver shall otherwise refuse or neglect to convey any orderly person or persons upon request as designated by this chapter to any place within four miles of the Delaware, Lackawanna & Western Railroad Station at Madison, nor exhort or demand any sum other than as provided in this chapter; provided, however, that taxicabs actively engaged in commuting or answering a call shall not be deemed to violate this section for refusing to carry or transport other passengers.

B. All disputes as to any rate of fare to be charged or as to any demand and refusal for transportation shall, at the request of the owner, operator, driver or passenger, be determined by the Chief of Police or other officer then in charge of Police Headquarters. In the event it shall then be determined that such passenger is entitled to transportation to the requested destination for the price claimed by him and said owner, operator or driver shall continue to refuse to effect said transportation for the price so determined to be correct, then said owner, operator or driver may be summoned before the Judge of the Municipal Court, who shall determine the facts in the case, and, in the event that it shall appear that such refusal on the part of the owner, operator or driver is a violation of this chapter, then said owner, operator or driver shall be subject to the penalties hereof.

§ 173-36 Number of taxicabs limited.

At no time in the Borough of Madison shall licenses for the operation of more than 18 taxicabs be in effect, and the Council shall refuse to grant any license in excess of that number, in the interest of the public safety and welfare.

§ 173-37 Violations and penalties.

[Amended 5-11-1970 by Ord. No. 9-70; 8-14-2000 by Ord. No. 35-2000; 5-8-2006 by Ord. No. 19-2006]

Any person, firm, corporation or other organization found guilty of violating any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following in the discretion of the Judge: a fine of not to exceed $2,000; or by imprisonment for a term not exceeding 90 days; or by a period of community service not exceeding 90 days. In the event that a fine is imposed, pursuant to this section, such fine shall be no less than $100. Each 24 hours of continuous violation of any of the provisions hereof shall be considered a separate offense and shall be punishable accordingly.