[HISTORY: Adopted by the Township Committee of the Township of Lumberton during codification; see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 265.
As used in this chapter, the following terms shall have the meanings indicated:
- OPERATION OF TAXICAB
- Consists of transporting in a taxicab one or more persons for hire. Accepting a passenger to be transported for hire from a point of departure within the township to a destination within or without the township shall be considered "operation of a taxicab" within the township. The operation of a taxicab by one other than the owner shall be deemed operation by the owner as well as by the person actually driving the taxi. The transportation of any person other than the owner or driver in any motor vehicle bearing a sign 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 Division of Motor Vehicles or who appears in the Division's records to be a conditional vendee or lessee or has any other proprietary interest in a taxicab.
- TAXICAB or TAXI
- A motor vehicle used to transport passengers for hire which does not operate over a fixed route and is not hired by the day or hour.
No person shall operate a taxicab as owner or operator from a point within the township without first obtaining a license.
An application for a license shall be filed with the Township Clerk/Administrator and shall show the name of the applicant, his post office address and business address, the name, address and age of each driver; a description of the vehicle to be licensed, the maximum number of persons each such vehicle shall carry, a schedule of rates of fare, and such other information as the Township Committee shall deem necessary or proper.
Each applicant for a taxi driver's license must be at least 18 years of age, must hold a driver's license issued by the state, must be of sound physical health and good moral character and shall have satisfied all the other requirements of this chapter, including the payment of the required fee.
All applications for a taxicab driver's license shall be made in writing, in triplicate, to the Township Clerk/Administrator on forms supplied by the Clerk/Administrator, shall be signed by the applicant and shall contain the following information: the full name and address of the applicant, the residence of the applicant for the past year, his age, the number of his state driver's license, the details of any service in the armed forces, together with the date and nature of discharge therefrom, and the recommendation of two residents of the state who have known him for at least one year prior to the date of making such application.
Each application for a taxi driver's license shall be accompanied by two recent photographs of the applicant of a size two inches by two inches. All applications for a taxi driver's license shall state the owner for whom the applicant intends to drive, and such owner shall endorse the application.
Each application shall contain a statement as to whether or not the applicant has been convicted of a crime in this or any other state and, if so, the nature of the offense, where convicted and the date of such conviction.
Each application shall contain a statement as to whether or not the applicant has been convicted of any traffic violations during the previous five-year period and, if so, the nature of the offense, where convicted and the date of such conviction.
An applicant for a taxicab driver's license shall cause himself to be examined by a physician licensed to practice medicine in the state and shall file with his application for issuance or renewal of a taxi driver's license a certificate of such physician, dated within 30 days of such filing, showing that the applicant is in good general health, free from any communicable disease and has no past history of epilepsy, coronary thrombosis, cerebral hemorrhage or other affliction which might cause loss of control of the taxicab. The applicant shall also cause his vision to be examined by an ophthalmologist, and his certificate shall state corrective glasses required, if any. Such physician's certificate and ophthalmologists certificate shall be filed each year upon application for renewal of the taxi driver's license.
Prerequisites. After completing and submitting the application as aforesaid, the following prerequisites shall be required before a license may be issued:
Fingerprinting. Every application for a taxi driver's license shall be fingerprinted by the Police Department. Upon refusal of such applicant to be fingerprinted, the Township Clerk/Administrator shall refuse to license the driver.
Every applicant shall have no more than two moving violations during the prior three years.
Every applicant shall have no convictions for reckless driving, leaving the scene of an accident or operation of a motor vehicle under the influence of alcohol or a controlled dangerous substance during the prior five years.
Every applicant shall have no convictions of a crime involving moral turpitude, violence or threat of violence in this state or any other state or territory of the United States.
Every applicant shall have a satisfactory certificate from the physician and ophthalmologist required as aforesaid.
Every applicant shall exhibit compliance with all other provisions of this chapter.
A taxicab driver's license or any renewal thereof shall be issued by the Township Clerk/Administrator. No approval by the Township Council shall be required. The Clerk/Administrator shall refuse to issue such license under the following circumstances:
The applicant has more than two moving traffic violations in the prior three years.
There is evidence of a conviction of a motor vehicle offense during the prior five years, involving reckless driving, leaving the scene of an accident or operation of a motor vehicle under the influence of alcohol or a controlled dangerous substance.
The certificate from the physician or ophthalmologist is not satisfactory.
There is evidence of conviction of a crime involving moral turpitude, violence or threat of violence.
There is evidence that the application contains any materially false statements.
There is failure to comply with any other provisions of this chapter,
In the event that the application for a taxicab drive(s license is refused by the Town Clerk/Administrator or revoked by the Clerk/Administrator as provided herein, the applicant shall have the right to appeal to the Township Committee for review. Such appeal shall be in writing and set forth the basis therefor and shall be made within 60 days of such refusal.
Form and content of license. The license shall be in writing, numbered, in triplicate and signed by the Township Clerk/Administrator on a form provided by the Township Clerk/Administrator and shall contain the following information: name, address, taxicab owner by whom employed, state driver's license number and badge number.
Every person or corporation licensed under this chapter shall cause such license to be conspicuously displayed on the inside of each licensed vehicle. The license shall state the name of the person or corporation licensed, the names of the drivers authorized to operate the licensed vehicle, the number of the license and a schedule of the rates of fare.
The license required by this chapter shall be issued to and in the name of the owner of the taxicab and shall be issued for one year from the first day of January of the year of such issuance.
The license fee shall be $50 for each taxicab, payable with the filing of the application.
No taxicab license shall be issued until the owner of the vehicle shall have filed with the Township Clerk/Administrator a public liability and property damage insurance policy in standard form which shall comply with the following requirements:
An insurance policy issued by an accredited insurance company authorized to transact the business of casualty insurance in the state and acceptable to the town, covering each vehicle, shall be required, which policy shall cover the period included in the license to be issued by the township. Each such policy shall run concurrently with the fiscal year for which a license has been issued.
Such insurance policy shall insure the owner and driver of such vehicle with a minimum limit for each accident for bodily injury of $100,000 to any one individual or total of $300,000 for all persons injured with a property damage loss in the minimum amount of $50,000. If said policy is a single-limit policy, this single limit shall not be less than $300,000.
Each such insurance policy shall contain a provision to the effect that the same cannot be canceled, except on at least 30 days' notice, in writing, by the insurance company to the Township Clerk/Administrator of the intention of such insurance company to cancel the same.
No insurance policy shall be acceptable if the insurance coverage is for private livery only, unless such policy expressly contains a waiver by the insurance company that if the vehicle insured is operated in violation of the coverage intended, the company will not claim such violation to avoid liability thereunder.
In the event that any insurance policy covering any such vehicle used for the transportation of passengers for hire shall lapse or shall be canceled by the issuing company, then the taxicab license issued by the town shall thereupon become void, and the owner of such vehicle shall be required to immediately turn such license in to the Township Clerk/Administrator.
The Township Committee may, upon notice and hearing, revoke the license of any licensee issued under the provisions of this chapter if he shall fail or neglect to operate a taxicab for a period of 30 days and may revoke any such license for cause after notice and hearing.
Every licensed taxicab driver shall obey the following rules and regulations:
When engaged by passengers in the operation of the taxicab, all taxicab drivers shall be neat in appearance and clean of body and shall refrain from smoking and using profane, abusive or insulting language.
A driver shall not consume any intoxicating liquor or any controlled dangerous substance while operating the vehicle, and a driver shall not operate a vehicle while under the influence of a controlled dangerous substance or intoxicating liquor to any degree.
No driver shall convey more passengers at any one time than the seating capacity of the taxicab.
A driver shall not solicit patronage or passengers at any locations except those provided for in this chapter.
A driver shall thoroughly search the interior of the vehicle immediately after the termination of each trip and note if the passenger has left any article therein. Any property so found shall be taken to police headquarters and turned into the officer in charge within 24 hours.
A driver shall not refuse service to any person unless he has previously been engaged or unless the person seeking service is disorderly or under the influence of intoxicating drugs or liquors. When serving more than one passenger, the driver must serve the passenger requesting service first, unless mutually agreed with the first passenger to do otherwise.
If the driver carries an AM or FM radio or tape player in the cab, as permanent equipment or otherwise, it shall not be played while conveying passengers unless the passenger requests that it be played.
No license issued under the provisions of this chapter may be transferred.
No one may operate a taxicab from a Residence A Zone.
Except as provided in N.J.S.A. 48:16-1 et seq., or any amendments or supplements thereto, the following penalties shall apply:
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.