Town of Phillipsburg, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners (now Town Council) of the Town of Phillipsburg 6-19-1969 by Ord. No. 998 (Ch. 62 of the 1969 Code) Amendments noted where applicable.]
[Amended 1-19-1982 by Ord. No. O:82-3]
A. 
The following terms used herein shall be taken and construed to mean as follows:
AUTOCAB; LIMOUSINE; LIVERY
Includes any automobile or motor car with a carrying capacity of not more than nine passengers, not including the driver, used 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 or public highways of the state and which is hired by charter or for a particular contract or by the day or hour or other fixed period or to transport passengers to a specified place or places or which charges a fare or price agreed upon in advance between the operator and the passenger. Nothing in this definition contained shall be construed to include taxicabs, hotels or buses.
PERSON
A natural person, partnership or corporation.
TAXICAB
Any vehicle used to carry passengers for hire but not operating on a fixed route.
B. 
Words used in the singular number shall include the plural, and words used in the plural shall include the singular.
[Amended 1-19-1982 by Ord. No. O:82-3]
The licensing, regulation and inspection of taxicabs, autocabs, liveries and limousines, the licensing of operators and drivers as hereinafter provided and the enforcement of provisions of this chapter shall be under the control of the Town Council of the Town of Phillipsburg.
[Amended 1-19-1982 by Ord. No. O:82-3]
A. 
It shall be unlawful to engage in the business of operating a taxicab/limousine in the Town of Phillipsburg without having secured a license therefor. Application for such license shall be made in writing, in duplicate, to the Municipal Clerk and shall state therein the name and address of the applicant, the intended place of business and the number of taxicabs/limousines to be operated, including the serial number, type, color, age, make and seating capacity thereof. If the applicant is a corporation, the names and addresses of the president and secretary shall be given. A complete financial statement of the applicant shall accompany the application. The number of such licenses to be issued are four autocab, limousine, livery and two for taxicabs. All applicants must file a financial statement with their application.
[Amended 4-19-1988 by Ord. No. O:88-13]
B. 
It shall be unlawful to engage in the business of operating a livery, autocab or limousine in the Town of Phillipsburg without having secured a consent therefor. Said application for consent shall be made in writing to the Municipal Clerk and shall state therein the name and address of the applicant and the intended place of business and shall be accompanied by the following information:
(1) 
An insurance certificate which shall recite the name of the insurance company.
(2) 
The number and date of policy expiration with a description of every livery, autocab or limousine consent to be issued thereunder with the registration number of the same.
(3) 
A power of attorney in which the applicant appoints the chief fiscal officer, in the case of Phillipsburg the Town Treasurer, appointing said Town Treasurer as the 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 owner.
(4) 
A check in the amount of $ ....., payable to the Town of Phillipsburg for the annual consent fee.
(5) 
The Clerk shall forthwith, upon satisfaction of the above requirements, forward a duplicate of the certificate to the Division of Motor Vehicles.
[Amended 1-19-1982 by Ord. No. O:82-3]
A. 
Taxicabs. All applications shall be filed with the Municipal Clerk, who shall submit said applications to the Town Council at the next succeeding meeting for action, and any or all applications may be granted or refused by a vote of the members of said body present at such meeting.
B. 
Applications for consent for livery, autobus and limousine service shall be granted by the Clerk upon satisfaction of those conditions outlined in § 575-3 above. No consent by the governing body shall be required.
No such license shall be issued or held by any person who is not a citizen of good moral character; nor shall such license be issued or held by a corporation other than one organized and existing under the laws of the State of New Jersey and maintaining an office in the Town of Phillipsburg.
[Amended 3-25-1975 by Ord. No. O:75-24; 1-19-1982 by Ord. No. O:82-3; 1-7-1986 by Ord. No. O:85-28]
A. 
Taxicabs. The annual fee, payable in advance for such licenses, shall be $55, plus $30 for each taxicab operated. Whenever the number of cabs so operated shall be increased during the license year, the licensee shall notify the Municipal Clerk of such change and shall pay the additional fee.
B. 
Limousines, autocab and liveries. Upon the proper qualification as set forth in § 575-3 above, the annual license fee for the operation of limousines, autocabs and livery services shall be $55, plus $30 for each limousine, autocab or livery operated within the Town of Phillipsburg.
[Amended 5-1-2001 by Ord. No. O:2001-09]
No taxicab shall be licensed or operated until it has been thoroughly inspected and found to be in a sanitary condition for the transportation of passengers and in good appearance with proper designations by the Chief of Police of the Town of Phillipsburg or his designee. A taxicab will not be inspected for mechanical fitness, but proof of current New Jersey State inspections shall be required. It shall be the duty of the Chief of Police for the Town of Phillipsburg or his designee to make a quarterly inspection of all taxicabs licensed under this chapter to determine their sanitary condition, cleanliness and good appearance for public patronage and service. The Chief of Police of the Town of Phillipsburg or his designee may, at any time during the year, suspend the operation of a taxicab, which, in his judgment, is unfit for service.
[Amended 1-19-1982 by Ord. No. O:82-3]
A. 
Requirements.
(1) 
No taxicab shall be licensed until the owner of the taxicab shall have filed with the Municipal Clerk an insurance policy or a certificate in lieu thereof of a company duly licensed to transact business under the insurance laws of this state, conditioned for the payment of a sum of not less than $50,000 to satisfy all claims for damages by reason of bodily injuries to or death of any one person resulting from an accident, and a sum of not less than $100,000 to satisfy all claims for damages by reason of bodily injuries to or death of all persons on account of any such accident and conditioned for the payment of a sum not less than $5,000 to satisfy all claims for property damages on account of an accident.
(2) 
No autocab, limousine or livery service shall be operated fully or partially along the street in any municipality until the owner of said autocab, limousine or livery service shall have filed with the Clerk of the municipality in which the owner has its principal place of business an insurance policy of a company duly licensed to transact business under the insurance laws of this state in the sum of $50,000 against loss by reason of the liability imposed by law upon every autocab, limousine or livery service owner for damages on account of bodily injury or death suffered by any person as a result of an accident occurring by reason of the ownership, maintenance or use of the autocab, limousine or livery service upon any public street.
B. 
Such operation shall be permitted only as long as the insurance policy shall remain in force to the full and collectible amount of $50,000. The insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of such autocab, limousine or livery service or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
There shall be affixed in every taxicab, in such manner that the same can be conveniently read by any person therein, a card at least three inches in height by five inches in length, containing the name of the owner, the license number of the vehicle and year of issue.
The schedule of rates and rate zones to be charged by each operator shall be filed with the Municipal Clerk and approved by the Town Council. The schedule of rates may be amended from time to time, and upon approval by the Town Council shall become binding. Each taxicab licensed under this chapter shall have displayed therein, in a place where the same may be easily observed by passengers, a schedule of rates and rate zones as approved by the Town Council.
[Amended 6-21-1988 by Ord. No. O:88-21]
All persons engaged in the taxicab business in the Town of Phillipsburg operating under the provisions of this chapter shall render an overall service to the public desiring to use taxicabs and shall maintain a central place of business for the purpose of receiving calls and dispatching cabs. If their central place of business is not located within the Town of Phillipsburg, they must maintain a Phillipsburg telephone exchange for the purpose of receiving calls. They shall answer all calls received by them for service inside the corporate limits of the Town as soon as they can do so, and if said service cannot be rendered within a reasonable time, they shall then notify prospective passengers how long it will be before said call can be answered and give the reason therefor. Any operator who shall refuse to accept a call anywhere in the corporate limits of the Town at any time when such operator has available cabs or who shall fail to give overall service shall be deemed a violator of this chapter, and the license granted shall be revoked at the discretion of the Town Council.
The owner and/or operator of a taxicab business must provide a garage or off-street parking area for all taxicabs licensed under this chapter. It shall be deemed a violation of this chapter to park a taxicab on the public streets, highways, alleys or other public places in the Town of Phillipsburg.
The owner and/or operator of a taxicab business shall give 60 days' notice to the Town of the discontinuance or stoppage of the taxicab service unless such discontinuance or stoppage is occasioned by court order.
No license granted hereunder may be sold, assigned, mortgaged or otherwise transferred without the consent of the Town Council.
No person shall drive a taxicab, or be hired or permitted to do so, unless he is duly licensed as a taxicab driver, as hereinafter provided.
A. 
An applicant for a taxicab driver's license must be a citizen over the age of 21 years, a licensed driver of the State of New Jersey or the Commonwealth of Pennsylvania with a photographed driver's license and in good health, of good moral character and familiar with the traffic laws of the State of New Jersey and the ordinances and geography of the Town of Phillipsburg. The Chief of Police shall examine such applicant to determine his eligibility and competency, and no license shall be issued except on certificate of the Chief of Police that the applicant is qualified for such license. The applicant must furnish with his application a recent photograph of himself 1 1/4 inches by 1 3/4 inches and shall submit to fingerprinting by the Police Department of the Town of Phillipsburg. He shall also provide two character references.
[Amended 6-21-1988 by Ord. No. O:88-21]
B. 
Before a taxicab driver's license shall be issued:
[Added 4-27-1971 by Ord. No. 71-2]
(1) 
The applicant shall supply a doctor's certificate of good health.
(2) 
The applicant shall supply references from persons who are not related to the applicant or associated with the taxicab company or the issuing authority. Such reference shall send a letter certifying his knowledge of the applicant's background.
(3) 
Applicants shall be required to satisfactorily complete a road driving test to be administered by a Town of Phillipsburg police officer.
(4) 
The applicant shall be free from any criminal record, local, state or federal, and the application shall be approved by the Chief of Police.
C. 
Failure to meet any of the above requirements shall be sufficient grounds to reject the application or to revoke a taxicab driver's license. Any false statement on the application or an incomplete application shall also be sufficient grounds to reject the application or to revoke said license.
[Amended 4-27-1971 by Ord. No. 71-2]
[Amended 3-25-1975 by Ord. No. O:75-24; 9-11-1979 by Ord. No. O:79-30; 1-7-1986 by Ord. No. O:85-28]
The annual fee for a taxicab driver's license shall be $20.
A. 
Upon approval of an application for a taxi driver's license and the payment of the required fee, the Municipal Clerk shall issue a license to the applicant which shall bear the name, address, color, age, signature and photograph of the applicant. This license shall not be transferred or used by any person other than the one to whom issued.
B. 
Every driver licensed under this chapter shall post his taxi driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicab.
A. 
It shall be unlawful for any driver of a taxicab while on duty to drink any intoxicating liquor, use narcotic or habit-producing drugs, to use any profane or obscene language, to shout or call to prospective passengers, or to disturb the peace in any way.
B. 
No driver shall permit more persons to be carried in a taxicab than the rated seating capacity of his taxicab.
C. 
No person shall be admitted to a taxicab occupied by a passenger without the consent of the passenger.
It shall be the duty of every driver of a taxicab to obey all traffic rules established by statute or ordinance. He shall not solicit passengers at the terminal of any other common carrier, nor at any intermediate points along any established routes of any other common carrier during hours buses are operating.
It shall be the duty of the driver of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided such person is not intoxicated and conducts himself in an orderly manner.
All licenses issued hereunder shall expire March 31 next succeeding the date thereof, unless sooner suspended or revoked.
All changes of address of the taxicab operator or taxicab driver shall be reported, in writing, to the Municipal Clerk within 24 hours after such change takes place.
Any license may be revoked or suspended at any time for cause by the Town Council.
[Amended 6-5-1984 by Ord. No. O:84-18]
Every person or persons, firm or corporation found guilty of violating any of the provisions of this chapter shall be punished as provided in Chapter 1, General Provisions, Article II, General Penalty. Each succeeding day of violation shall be construed to be a new violation.