[HISTORY: Adopted by the Mayor and Council
of the Borough of Oradell 4-18-1995 by Ord. No. 1027. Amendments noted where
applicable.]
GENERAL REFERENCES
Limousines — See Ch. 254.
As used in this chapter:
The practice of driving about the Borough streets with a
taxicab so as to solicit passengers or to bring the presence of the
taxicab to the attention of prospective passengers. A taxicab driving
along the streets of the Borough for any purpose other than transporting
a passenger going to a definite destination by the most direct route
in response to a call for a taxicab by a prospective passenger, or
returning by the most direct route to the taxicab's home terminus
after discharging a passenger, or going to or from the terminus to
the driver's home by the most direct route, shall be prima facie evidence
of cruising.
Any person who drives a taxicab within the Borough whether
or not such person is also the owner thereof.
Accepting one or more passengers for hire anywhere within
the Borough and transporting such passenger or passengers along any
Borough streets. The operation of a taxicab as above described 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 the sign therein or thereon using the words "taxi," "taxicab,"
"cab" or "hack," shall be prima facie evidence of operation.
Any person 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.
Any individual, corporation, association, partnership, or
any other such entity.
An automobile or motor car, commonly called taxi, cab or
hack, 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 Borough streets and which accepts
passengers in the Borough for transportation from points or places
to points or places within or without the Borough. Nothing therein
contained shall include or apply to "autobus" as defined in N.J.S.A.
48:16-23 or to a "limousine" licensed by the Borough of Oradell.
There are hereby established two classes of
taxicab licenses to be known as "taxicab owner's license" and "taxicab
driver's license" respectively.
A.
Taxi owner's license. The license required by this
subsection shall be known as a "taxi owner's license."
(1)
No person shall operate any taxicab unless the said
vehicle is licensed in accordance with the provisions of this chapter.
(2)
No person shall operate a taxicab business in the
Borough unless said person has obtained a taxi owner's license for
each taxicab, cab, hack, automobile or other motor vehicle used in
such business which is sited and located within the Borough.
(3)
The total number of taxi owner's licenses that may
be issued and outstanding at any time pursuant to and in conformity
with this chapter shall be fixed from time to time by the Mayor and
Council by resolution but shall not be greater than 10.
B.
Taxi driver's license. No person shall transport any
passenger for hire in any taxicab, cab, hack, automobile, or other
motor vehicle or drive or operate any such vehicle designed for the
transportation of passengers for hire, unless such person shall have
secured a license for said purpose pursuant to the provisions of this
chapter. The license required by this subsection shall be known as
a "taxi driver's license."
A.
Taxi owner's license. Each application for a taxi
owner's license shall state:
(1)
The character and description of the vehicle proposed
to be licensed, including the make, model, year, engine serial number,
color, state registration number, number of doors of said vehicle,
and the number of persons said vehicle can carry as passengers.
(2)
The correct name, residence and business address of
the owner thereof.
B.
Taxi driver's license. Each application shall state
any record of traffic violations over the preceding five years, and
be accompanied by a certificate of a physician stating that he has
examined the applicant within 60 days and has found the applicant
to be physically fit for the safe operation of a taxicab.
A.
Each application for a taxi owner's license shall
be accompanied by a policy of insurance, with the premium prepaid
thereon, written by an insurance company duly licensed to transact
business under the insurance laws of the state, which has been submitted
to the Borough Clerk and approved by the Borough Attorney as to form
and sufficiency.
B.
Such policy shall be conditioned for payment of a
sum of not less than $300,000 to satisfy all claims for damages by
reason of bodily injury to, or the death of any one person, and a
sum of not less than $500,000, to satisfy all claims for damage by
reason of bodily injury to or the death of all persons, resulting
from accident by reason of the ownership, operation, maintenance or
use of the vehicle to be licensed; and a sum of not less than $1,000
to satisfy all claims for damages to property of any one person resulting
from such accident, and a sum of not less than $50,000 to satisfy
all claims for damages to property for all persons, on account of
any such accident by reason of the ownership, operation, maintenance
or use of such vehicle. Upon filing of the required insurance policy,
the Borough Clerk shall issue a certificate in duplicate indicating
compliance.
C.
Such policy shall provide for the payment of any final
judgment recovered by any person on account of the ownership, operation,
maintenance or use of the said vehicle or any fault in respect thereto,
and shall be for the benefit of any person suffering loss, damage
or injury as aforesaid.
Each application for a taxi owner's license shall be accompanied by a duly executed and acknowledged power of attorney wherein and whereby the applicant shall appoint the Borough Clerk as his true and lawful attorney for the purpose of acknowledging service of any process of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed in accordance with § 255-5 above.
The processing of taxi owner or driver license
applications shall be charged to the Chief of Police. The applicant
shall be fingerprinted by the Police Department and shall file with
his application two recent photographs of himself, of the size that
could be attached to his license. One of the photographs shall be
filed with the application in the Police Department's Bureau of Criminal
Identification. The said applicant will be investigated as to his
character and reputation and if said applicant is denied a license,
he will forfeit the fee for the application. The Chief of Police shall
prepare an application form requesting submittal of the information
required under this chapter for the issuance of a taxi license. The
Mayor and Council shall approve by resolution the application form.
A.
Taxi owner's licenses.
(1)
Taxi owners' licenses shall be issued upon the payment
of the appropriate fee.
(2)
No taxi owner's license shall be issued until the
vehicle proposed to be licensed shall have been inspected and approved
in writing by the Chief of Police.
(3)
No taxi owner's license shall be issued for any vehicle
with less than three doors, at least two of which shall be for the
exclusive use of passengers.
(4)
The correct name, business address and taxi license
number issued by the Chief of Police shall be displayed on both sides
of the taxicab in letters no smaller than three inches nor more than
six inches in height.
B.
Taxi driver's license.
(1)
Taxi driver's licenses shall be issued upon the payment
of the appropriate fee.
(2)
No taxi driver's license shall be issued to any person
under the age of 18 years nor to any person who is not a citizen of
the United States, or not licensed by the New Jersey Department of
Motor Vehicles to operate a motor vehicle.
A.
Taxi owner's license card.
(1)
Taxi owners' license cards shall be issued in duplicate
and shall recite that the owner of the taxicab or other vehicle licensed,
has complied with all of the terms and provisions of this chapter
and of N.J.S.A. 48:16-1 to 6, inclusive together with amendments and
supplements thereto. There shall also be stated thereon the name of
the insurance company and the number and date of expiration of the
policy required to be filed in connection with the application for
said license. There shall also appear on the license cards a description
of the vehicle licensed, giving the make, year, engine number and
state registration number of the same.
(2)
The duplicate taxi owner's license shall be filed
with the Division of Motor Vehicles of the Department of Law and Safety
of the State of New Jersey.
(3)
The original taxi owner's license card shall be posted
and displayed at all times in a conspicuous place within the vehicle
licensed.
B.
Taxi driver's license card.
(1)
Taxi driver's license cards shall contain on the face
thereof a small photograph of the licensee, and the other photograph
filed with the application shall be retained by the Police Department
as part of the application records.
(2)
The taxi driver's license card shall be posted and
displayed at all times in a conspicuous place within the vehicle operated
by the licensee.
C.
License badges. There shall be issued to every holder
of a taxi driver's license under this chapter a license badge, which
shall be visibly worn by the licensee at all times during which he
is engaged in the transportation of passengers for hire. In case such
license badge is lost, a duplicate thereof may be procured from the
Police Department upon payment of the actual cost for such duplicate
badge.
A.
The Chief of Police shall revoke any taxi owner's
license upon a determination that there is not in full force and effect
the insurance policy in the collectible amounts as specified in this
chapter.
B.
Any such suspension shall be noted on the license
together with statements of the reason therefor, and the driver shall
be deprived of his license by the Police Chief suspending or revoking
such license. Said license shall be reviewed for reinstatement at
the expiration of the period for which the license was issued.
The Borough Council may by resolution make such
general rules and regulations and such special rules and findings
as may be necessary for the proper regulation and control of the operation
of taxicabs in the Borough of Oradell and enforcement of this chapter,
in addition thereto and not inconsistent therewith, the Borough Council
may alter, amend, repeal and publish same.
No license under this chapter shall transport
or allow to be transported for hire any passenger in any vehicle unless
there is displayed in said vehicle in a conspicuous place at all times
a printed card showing the fare rates set forth in the approved license
application, in letters and figures of not less than 1/2 inch in height,
which card shall also bear the state registration number of such vehicle
and the number of the license issued hereunder for such vehicle and
also the name of the owner thereof.
A.
The Chief of Police may refuse to issue or renew or
may revoke or suspend any license issued hereunder if the applicant
or licensee or his agent or employee:
(1)
Fails to qualify or violates any of the provisions
of this chapter or the regulations and rules adopted by the Borough
Council relative to the use and regulation of taxicabs.
(2)
Has been convicted of a crime in this or any other
jurisdiction.
(3)
Failed or fails to render reasonable prompt safe or
adequate taxicab service.
(4)
Shall discontinue operation of any taxicab for a period
of 60 days unless an extension is granted by the Chief of Police and
approved by the Borough Council.
B.
No license issued hereunder shall be revoked or suspended
unless the Chief of Police shall hold a hearing concerning such revocation
or suspension, which hearing may be held upon five days notice to
the applicant.
C.
Hearing before the Chief of Police.
(1)
At the hearing before the Chief of Police, the applicant
or licensee may be present in person or represented by counsel.
(2)
The testimony of the hearing shall be recorded on
audio tape or stenographically transcribed.
(3)
Upon being satisfied that the applicant or licensee
is guilty of the violations charged, the Chief of Police may deny
the application for a license, or suspend or revoke the license granted
in case of such suspension or revocation of such license, the applicant
or licensee shall not be entitled to the return of any portion of
the license fee paid to the Borough.
(4)
An applicant or licensee may appeal to the Borough
Council from an adverse decision of the Chief of Police. The applicant
or licensee appearing shall pay for and serve upon the Borough Council
nine copies of the transcribed record of the hearing before the Chief
of Police and shall submit nine copies of a memorandum setting forth
the grounds of appeal.
Every taxicab shall have conspicuously located
on the exterior thereof, the word "taxi" or "cab" or "taxicab" which
shall be illuminated during darkness.
A.
The taxicab rates of fare for taxicabs operating in
the Borough of Oradell shall be the following:
(1)
For the first 4/9 of a mile: $2;
(2)
For each additional 1/9 of a mile: $0.25;
(3)
For waiting time: $15 per hour.
(4)
Any taxicab company may offer a voluntary discount
to any senior citizen of the age of 65 or over in an amount to be
determined by said company. In order to have the benefit of such discount,
any senior citizen must show an appropriate senior citizen card issued
by Bergen County or some other similar appropriate discount.
B.
The Mayor and Council may, from time to time, following
a public hearing for which notice shall be given at least 10 days
in advance, set the fare for which licensed taxicabs may charge under
the provisions of this chapter. Such facts shall be displayed on the
outside of each licensed taxicab in letters not less than two inches
high on both the right and left door. Any violation of the provisions
for rates of fare or any attempt to charge a greater rate than fixed
by this chapter or any amendment thereto, shall render the offender
liable to a revocation of the taxicab license. Nothing contained in
this provision or any provision of this chapter shall prevent a taxicab
owner from entering into an agreement with any person to transport
any individual or group on a regular basis at a special rate which
is different from the rate set forth by the Mayor and Council.
No license under this chapter shall operate
or cause to be operated any vehicle which is not at all times clean
and in good repair.
A.
"In need of repair" shall include but is not limited
to the following:
(1)
That the glass (windows and/or windshield) is cracked,
chipped or scratched, or that the glass in the mirror is cracked.
(2)
That the horn does not function properly so as to
produce a sound audible for 200 feet.
(3)
That the emergency brake does not hold the vehicle
when parked on a grade.
(4)
That the foot brake does not hold the vehicle when
parked on a grade and that it does not have sufficient reverse pedal.
(5)
That the headlights, taillights, stop lights and directional
lights do not turn on and off when operated by the controls in the
vehicle, or are otherwise broken or defective.
(6)
That the windshield wipers do not rotate back and
forth with sufficient pressure when turned on and do not stop with
turned off by the controls in the vehicle.
(7)
That the tires have damage, ply separation, breaks
or cuts and do not have at least 2/32 seconds of an inch tire tread.
(8)
That the defroster does not function properly so as
to produce a temperature in excess of 50° F.
B.
The owner and operator of each taxicab operating in
the Borough of Oradell shall present the taxicab to the Chief of Police
or other designated police officer so that it may be inspected to
determine whether it complies with the provisions of this chapter.
A.
No licensee under this chapter shall transport or
allow to be transported for hire any passenger in any vehicle unless
there is installed and at all times in good working condition in said
vehicle a taximeter or the equivalent thereof, of standard make, by
which the fare or charge for hire of said vehicle is mechanically
and accurately calculated and registered and on which taximeter said
charge is plainly indicated, the meter being installed in such a place
in the vehicle that the charge indicated thereon may be plainly seen
by all passengers.
B.
No meter shall be used or permitted to be used which
is in such a condition as to be over 5% inaccurate to the prejudice
of any passenger.
C.
Said meter shall be illuminated after sundown by a
suitable light so arranged as to throw a continuous steady light thereon
while in operation and carrying passengers so that the meter may be
clearly discernible and read by a passenger in the rear seat.
D.
Said meter shall be sealed and a colored sticker,
different in color at each inspection, shall be placed on the taximeter
after each inspection. No person shall use or permit to be used any
vehicle equipped with a meter, the case of which is unsealed or upon
which the seat is broken.
E.
All taximeters as set forth in this section shall
be under the jurisdiction and control of the Police Department of
the Borough of Oradell.
Immediately after the termination of any hiring
or employment, every driver of a taxicab must carefully search such
taxicab for any property lost or left therein, and any such property
discovered must be reported in writing to the Police Department with
brief particulars and descriptions of such property, within 24 hours
after the finding thereof, unless sooner claimed or delivered to the
owner.
A.
No person other than the licensed taxi driver and
one passenger of the vehicle shall ride or sit in the compartment
of said vehicle reserved for the driver.
B.
No licensee under this chapter shall refuse to carry
or transport any orderly person upon the payment of the application
rate of fares unless the vehicle is then engaged by another person.
A.
No license under this chapter or other person interested
in or connected with any vehicle licensed hereunder shall solicit
customers in a noisy or offensive manner nor in any manner whatsoever
in any place other than a public hack stand.
B.
No licensee under this chapter shall permit any licensed
vehicle, when disengaged, to stand in any public street or place other
than at a designated taxicab stand; provided, however, that nothing
herein shall prevent a driver from waiting for a passenger in front
of any building or place.
C.
No vehicle other than one licensed under this chapter
and prepared to accept passengers at request, shall stand at any public
hack stand.
D.
No person shall cruise on the Borough streets with
any taxicab for the purpose of soliciting passengers.
No owner or driver of any such taxicab shall
induce any person to employ him by knowingly misinforming or misleading
any such person, either as to time or place of the arrival or departure
of any train, or other regularly scheduled mode of transportation,
or as to the location of any hotel, public place or private residence
within the Borough, nor shall any such owner or driver deceive any
person or make false representation to him, or convey any passenger
to any other place or over any street other than that to which the
passenger may have instructed the driver to go.
The owner of each taxicab so licensed shall
keep or cause to be kept a written daily record of each trip made
by the said taxicab showing the date, time and place the cab was engaged,
the place and time of discharge of the passengers, the number of passengers
carried, the fare received, distance carried, a statement of receipts
and expenditures, and the taxicab driver's license number of the person
driving the cab on the trip. Such records shall be subject to inspection
by the Police Department of the Borough of Oradell, or the Borough
Council at their discretion. There shall also be reported to the Chief
of Police 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.
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.
A.
Other automobile laws applicable. Nothing in this
chapter contained shall exempt any person owning or operating a taxicab
from complying with the laws relating to the ownership, regulation
and operation of automobiles in this state.
A.
Any person violating any provision of this chapter
shall, upon conviction in the Municipal Court of the Borough of Oradell,
be punished for each offense by a fine not to exceed $500, or by imprisonment
for any term not exceeding 90 days, or both.
B.
Any corporation violating any provision of this chapter
shall upon conviction thereof, pay a fine of not more than $500.
C.
Any person who aids, assists or abets in the violation
of any of the provisions of this chapter shall be subject to the penalties
herein provided for.
The conviction of a licensee for a violation
hereunder shall not prevent the Borough from taking action to suspend
or revoke the license of the person so convicted as herein provided.
A.
Should any section or provision of this chapter be
held invalid in any proceedings, the same shall not affect any other
section or provision of this chapter except insofar as the section
or provision so held invalid shall be inseparable for the remainder
of any such section or provision.
B.
All ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
C.
This chapter shall take effect after final passage
and publication in accordance with law.
