[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.
AUTOCAB; LIMOUSINE; LIVERY
PERSON
TAXICAB
The following terms used herein shall be taken and construed
to mean as follows:
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.
A natural person, partnership or corporation.
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.
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.
[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]
