[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.
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.
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.
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.
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.
All applications for licenses under this chapter shall be made in writing
on forms to be provided by the Borough.
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.
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]
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.
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.
[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.
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.
[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.
[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.
[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.
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]
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.
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.
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.
[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.
[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 and geography of the Borough and its surroundings.
E. In good physical and mental condition, as well as of
good character.
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.
(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.
[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]
[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.
[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.
[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.
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.
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.
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.
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.
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. 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.
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.
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.
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.
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.
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.
[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.
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.
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.
[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.