[HISTORY: Adopted by the Township Committee of the Township of Hamilton 3-13-1989 by Ord. No. 988-89. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who drives a taxicab within this township.
- Of a taxicab, shall consist of transporting in such taxicab one or more persons for hire along any of the streets in this township, accepting a passenger to be transported for hire within this township or from a point within the township to a point outside of the township limits. 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 Division of Motor Vehicles or who appears in such record to be the conditional vendee or licensee thereof.
- Any individual, partnership, limited partnership, association, corporation or joint-stock company and their lessees, trustees or receivers.
- Includes any street, avenue, park, parkway, highway or other public roadway, whether or not the same is improved.
- Any automobile or motorcar, commonly called a "taxi," "cab" or "hack", duly licensed by the township and 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 within the Township of Hamilton and which accepts passengers for transportation from points or places within the township to points or places within or without said township; provided, however, that nothing herein contained shall include autobuses or buses on designated routes, public deliveries or jitneys or such public conveyances as are by law exclusively subject to state and/or federal regulation.
- The Township of Hamilton, Atlantic County, New Jersey.
There are hereby established two classes of taxicab licenses, to be known as "taxicab owner's license" and "taxicab driver's license."
Taxicab owner's license. A taxicab owner's license shall entitle the taxicab therein described to pick up passengers within the township and otherwise to be lawfully operated anywhere within this township by a driver duly licensed hereunder and by the New Jersey Division of Motor Vehicles until either of said licenses either expire or are surrendered, suspended or revoked and shall not be transferable. There shall be no limit to the number of taxicab owner's licenses issued.
Taxicab driver's license. A taxicab driver's license shall entitle the person named therein to operate within this township any taxicab duly licensed hereunder and by the New Jersey Division of Motor Vehicles until either of said licenses either expires or is surrendered, suspended or revoked and shall not be transferable. There shall be no limit to the number of taxicab driver's licenses issued.
[Amended 8-21-2006 by Ord. No. 1570-2006]
Applications for licenses shall be made in writing, upon forms provided by the Township of Hamilton, signed by the applicant before a notary public or another person duly authorized to administer oaths and filed with the Municipal Clerk. Said applications shall be accompanied by the following:
The name, date of birth and residence of the applicant.
If a partnership, the names, dates of birth, ages and residences of all partners, along with the business address of the partnership.
If a corporation, the names, dates of birth, and residences of its president, secretary and treasurer. Application by a corporation shall be signed in its name by the president and attested by the secretary.
The serial number, type, color, year and make of the taxicab, the state registration number, number of doors on said vehicle and number of persons the vehicle can carry as passengers.
A copy of the vehicle's registration card.
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 of New Jersey, such policy shall be conditioned for payment of a sum required to satisfy all claims for damage by reason of bodily injury to or the death of all persons or property damage as follows:
Up to six-passenger vehicle: not less than $300,000 combined single limit.
The operation shall be permitted only so long as the insurance policy remains in full force and effect as to the full and collectable amount of $300,000. Taxicab owners, or anyone on their behalf, shall not undertake to cancel or have canceled any such policy without giving the Municipal Clerk 10 days' notice of their intention to do so.
The insurance policy shall provide for the payment of any final judgment covered by any person on account of the ownership, maintenance and use of such taxicab upon any public street or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
Every person operating a taxicab equipped with seatbelts who is transporting a child under the age of eight years and weighing less than 80 pounds on roadways, streets, or highways of this Township shall secure the child in a child passenger restraint system or booster seat, as described in Federal Motor Vehicle Safety Standard Number 213, in a rear seat, in compliance with N.J.S.A. 39:3-76.2a,
Power of attorney. No taxicab owner's or driver's license shall be issued until the applicant has delivered to the Municipal Clerk, concurrently with the filing of the application and insurance policy referred to herein, a power of attorney executed by said applicant wherein and whereby the applicant shall appoint the Municipal Clerk for the Township as his or her 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.
Each applicant for a taxicab owner's license shall be required to pay to the Township, along with the application, whatever sum of money charged by the State of New Jersey to process a name check for any criminal record. No application for a taxicab owner's license shall be approved until such time as the applicant has issued a form of consent and release so as to permit the Hamilton Township Police Department to conduct such investigation as may be required in order to determine that the applicant substantially complies with the meaning, intent and purpose of this chapter.
Each applicant shall provide a list of current fares charged.
The location of the business, if located in the Township of Hamilton, must be approved by the Zoning Officer prior to the issuing of the license.
The owner and operator of each taxicab operating in the Township shall keep the taxicab in good running order so that it makes a presentable appearance and is in compliance with all current Division of Motor Vehicle (DMV) regulations. The owner of each taxicab shall have each taxicab presented to the Chief of Police or his designee prior to the issuance or renewal of the taxicab owner's license and thereafter upon the request of the Chief of Police or his designee so that it may be inspected to determine whether it complies with the provisions of this chapter.
Each taxicab shall have permanently affixed on the outside of the taxicab, on both sides thereof, the word "taxi," "cab," "hack" or "taxicab" in letters at least four inches high, as well as the name under which the owner is operating the vehicle. Every taxicab so licensed shall have a decal or other form of identification placed on the vehicle in a format, location and a size to be prescribed by the Township which clearly identifies that the vehicle is duly licensed in Hamilton Township.
A nonrefundable taxicab owner's license fee of $50 per year. This license is nontransferable and shall be valid from its date of issue until December 31 of the same year. Thereafter, a renewal license shall be valid for one year from January 1 until December 31. There will be no proration of the fee.
[Amended 8-21-2006 by Ord. No. 1570-2006]
Applications for licenses shall be made in writing, upon forms provided by the Township of Hamilton, signed by the applicant before a notary public or another person duly authorized to administer oaths and filed with the Municipal Clerk. Said applications shall contain or be accompanied by the following:
A valid New Jersey driver's license.
The driver will be responsible for obtaining a certified driver's abstract directly from the Division of Motor Vehicle. Abstract history must contain the five years previous to the date of application.
Each applicant for a taxicab driver's license shall be required to pay to the Township, along with the application, whatever sum of money charged by the State of New Jersey to process a name check for any criminal record. No application for a taxicab driver's license shall be approved until such time as the applicant has issued a form of consent and release so as to permit the Hamilton Township Police Department to conduct such investigation as may be required in order to determine that the applicant substantially complies with the meaning, intent and purpose of this chapter.
A certificate from a licensed physician of the State of New Jersey, at the applicant's expense, certifying that the applicant has been examined within the preceding 30 days and that such applicant has no infirmity of body or mind, or visual impairment or deficiency, which might render the applicant unfit for the safe operation of a taxicab.
Two recent photographs, being not less than 1 1/4 inches in height by 1 3/4 inches in length, of the applicant.
A nonrefundable taxicab driver's license fee of $50 per year. This license is nontransferable and shall be valid from its date of issue until December 31 of the same year. Thereafter, a renewal license shall be valid for one year from January 1 until December 31. There will be no proration of the fee.
The licenses herein provided for shall be signed by the Township Clerk and shall have the Township Seal affixed thereto. The Township Clerk shall not issue any license until the application therefor has been approved by the Mayor and Township Committee and the conditions precedent, including but not limited to compliance with all applicable governmental regulations; the payment of the license fees and, in the case of a taxicab owner's license, filing of the policy of insurance herein provided for shall have been complied with in full.
[Amended 8-21-2006 by Ord. No. 1570-2006]
The fee to be paid for a taxicab owner's license shall be the sum of $50 per year. The license shall be effective for a period from January 1 to December 31 of each year.
The fee to be paid for the taxicab driver's license shall be the sum of $50 per year. The license shall be effective for the period from January 1 to December 31 of each year.
The Township Committee herewith determines that these fees are not in any manner designed to be revenue raising, but only to defray in whole or in part the additional administrative costs imposed upon the municipality in the administration of this chapter.
All licenses are nontransferable.
The Township Clerk shall keep a register of all licenses granted under the provisions of this chapter, which register shall show the character of the license, its number, date of issue, name of person licensed and any other information pertaining thereto.
Each applicant granted a taxicab driver's license as required by this chapter shall be issued a license card in evidence thereof in a form approved by the Mayor and Township Committee of the Township of Hamilton and signed by the Township Clerk on its behalf. Said license card shall at all times be carried by the driver while operating a vehicle as provided in this chapter. In addition, the owner of the vehicle shall furnish a card with the name of the driver, which shall at all times be prominently displayed and adequately posted in the interior of any vehicle operated by the licensee so that the face thereof shall be at all times in full view of and plainly legible to any passenger seated on the rear seat of such vehicle, and there shall be affixed to such card in full view of such passengers a photograph, of a size not less than 1 1/4 inches in height and 1 3/4 inches in length, of such licensed driver, together with a photograph of the licensed owner of such vehicle of the same size, and each of such photographs shall have indicated thereon the words "licensed taxicab owner" or "licensed taxicab driver," as the case may be.
No vehicle as provided for in this chapter shall hereafter be operated in this township unless and until there is prominently displayed in the interior thereof, within full view and access of any passengers therein, a copy of the taxicab owner's license and a complete list of fares, charges or tariff rates charged for transportation of passengers, which fares, charges or tariff rate so displayed, and no other, shall be those charged any passenger so transported.
No owner or driver of any taxicab shall induce any person to employ him by knowingly misinforming or misleading any such person as to time and place of arrival or departure of any airplane or other regularly scheduled mode of transportation or as to the location of any hotel, motel, public place or private residence within this township, nor shall any owner or driver deceive any person or make false representations to any person 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. Every owner and/or driver shall be responsible to see to it that all passengers are carried in a safe and responsible manner and by using a reasonable and direct route from point of origin to point of destination.
Owners and drivers of taxicabs licensed out of the jurisdiction of this township may be allowed to bring their taxicabs into this township, but on specific call only, whether transporting a passenger within this township to a point outside the limits or discharging a passenger transported from a point outside of the township limits to a point within the limits, and the name of the passenger so calling him shall be given to the owner or driver when requested by the township police or other lawful persons. Such taxicabs shall not be parked in this township, nor shall the drivers thereof cruise on the streets of this township at any time for the purpose of soliciting passengers, nor shall they, in the nighttime or other periods of darkness, when in this township, permit any advertising lights on the taxicab to remain lighted; provided, however, that the same or similar substantial reciprocal rights are granted to owners and drivers of taxicabs licensed in this township by the municipalities in which the aforesaid owners or drivers are licensed.
The Township Committee may, in its discretion, refuse to issue or renew or may, after notice and hearing, revoke or suspend:
Any taxicab owner's license, if the motor vehicle licensed or to be licensed, by reason of unsafe or unsanitary conditions, is dangerous to the safety or health of the occupants or others, or if the policy of insurance referred to in this chapter has not been maintained at all times.
Any taxicab owner's license or driver's license, if the license or applicant has in any degree contributed to any injury to persons or damage to property arising out of negligent operation of a motor vehicle or has any communicable or contagious disease.
Any taxicab owner's license or taxicab driver's license, if a licensee has failed or fails to render reasonable, prompt, safe and adequate taxicab service or has not complied fully with all requirements of this chapter or such class of license.
Nothing in this chapter shall be construed to exempt any person, firm or corporation owning or operating a taxicab from complying with the laws relating to the ownership, regulation and operation of automobiles in the State of New Jersey.
In the event that a taxicab is being operated by a party who does not have a taxicab driver's license as defined in this chapter, both the driver and the owner of the taxicab shall be subject to the penalty provisions as set forth in this chapter.
Every person or persons, firm or corporation found guilty in the Municipal Court of violating any of the provisions of this chapter shall be liable to pay a fine of not less than $50 nor more than $500 and/or be imprisoned for a period not to exceed 30 days. A continuation of such violation for each successive day shall constitute a separate offense, and the person or persons, firm or corporation allowing or permitting the continuation of a violation may be punished as provided above for each offense.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed, which shall include by description but not limitation, Ordinance No. 112, adopted June 17, 1946, and previously cited this chapter.