[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 7-2-1968. Amendments noted where applicable.]
For the purposes of this chapter, the terms used herein are
defined as follows:
Any individual, copartnership, association or corporation
or joint-stock company, their lessees, trustees or receivers.
Any automobile or motorcar, commonly called taxi, 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 Borough of Washington, and
particularly accepts and discharges such persons as may offer themselves
for transportation from points or places within or without said Borough,
provided that nothing herein contained shall be construed to affect
any public conveyance which is by law subject to state and/or federal
regulation exclusively.
From and after the effective date of this chapter, no person
shall pick up for hire any persons for any taxicab within the Borough
of Washington unless both the taxicab and driver thereof are licensed
pursuant to the terms of the chapter and conform to all the provisions
thereof.
Every applicant for a taxicab license or taxicab operator's
license shall make application therefor on forms furnished by the
Borough Clerk, and the same shall be completed and verified under
oath and filed with said Borough Clerk. Each application shall set
forth the full name and address of the owner, lessee or bailee of
the taxicab to be licensed and the make and character of the taxicab,
which must bear a current state inspection certification.
The Chief of Police or a member of the Police Department designated
by him shall conduct an investigation of each applicant for a taxicab
license or taxicab operator's license and make a report of such
investigation, and a copy of the traffic and police record of said
applicant, if any, shall be attached to the application.
No taxicab license or taxicab driver's license shall be
issued:
A.
To an individual who has been convicted of a crime involving moral
turpitude or is less than 21 years of age.
[Amended 1-8-1974 by Ord. No. 34-73]
B.
To a copartnership unless none of the members thereof have been convicted
of a crime involving moral turpitude and none of whom is less than
21 years of age.
C.
To the applicant for a taxicab driver's license unless he shall
submit a certificate from a licensed physician of the State of New
Jersey, at applicant's expense, certifying that the applicant
has been examined within the preceding 30 days and that he has no
infirmity of body or mind which might render him unfit for the safe
operation of a taxicab.
D.
To a corporation unless none of the officers, directors and stockholders
thereof have been convicted of a crime involving moral turpitude and
none of whom is less than 21 years of age.
If the Borough Council finds that the applicant for a taxicab
license is fit, willing and able to perform such public transportation
and to conform to the provisions of this chapter, then, upon payment
of the proper fee by the applicant, the Borough Clerk shall issue
a taxicab license stating the name and address of the applicant, the
number and description of vehicles authorized under such license,
the approved location of the cab stand and the date of issuance thereof.
If the Borough Council finds that the applicant for a driver's
license is fit and conforms to the provisions of this chapter, then,
upon payment of the proper fee by the applicant, the Borough Clerk
shall issue a license upon which shall appear the name, address, age,
signature, company employed by and photograph of the applicant.
The Borough Council shall, after consideration of the application
for a taxicab driver's license and the reports and certificate
required to be attached thereon, approve or reject the application
for a taxicab driver's license. If the application for a taxicab
driver's license is rejected, the applicant, within 30 days,
may request a personal appearance before the Borough Council to offer
evidence why his application should be reconsidered. The Borough Council
may refuse to grant or renew a taxicab driver's license in the
case of any applicant:
A.
Whose state automobile driver's license or permit to operate
a taxicab has been suspended or revoked.
B.
Who has been convicted of a crime involving moral turpitude.
C.
Who shall have been convicted of a violation of laws pertaining to
intoxicants, narcotics or prostitution.
D.
Who for just cause is deemed by the Borough Council unfit to drive
a taxicab.
[Amended 1-8-1974 by Ord. No. 34-73]
A.
The annual taxicab license fee shall be $100 for the first taxicab
to be covered by the taxicab license and $50 for each additional taxicab
under said license, and the license shall be effective for the period
from January 1 to December 31 of each calendar year or part thereof.
Taxicab licenses shall expire on December 31. A taxicab license for
each calendar year thereafter shall be issued upon the payment of
the aforesaid fee to the Borough Clerk.
[Amended 11-17-2008 by Ord. No. 13-2008]
B.
The annual taxicab driver's license fee shall be $2, and the
license shall be effective for the period from January 1 to December
31 of each calendar year or part thereof. A taxicab driver's
license shall be issued upon the payment of $2 unless the license
for the preceding year has been revoked.
Every driver licensed under this chapter shall post his driver's
license in a conspicuous position in plain view of all passengers.
No license shall be sold, assigned, mortgaged or otherwise transferred.
[Amended 11-17-2008 by Ord. No. 13-2008]
No taxicab license shall be issued until the applicant therefor
shall have filed with the Borough Clerk an insurance policy of a company
duly licensed to transact business under the insurance laws of this
state, or a certificate thereof, showing policy limits of a minimum
of $500,000 combined single limit liability.
No taxicab license shall be issued until the applicant therefor shall have delivered to said Borough Clerk, concurrently with the filing of the insurance policy referred to in § 80-12 hereof, a power of attorney executed by said applicant wherein and whereby said applicant shall appoint the Treasurer of the Borough of Washington as his, her or its 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, and any license for a taxicab issued upon any such application shall continue effective and the operation of any taxicab thereunder shall be permitted only so long as said power of attorney shall remain in effect and unrevoked.
Drivers of taxicabs shall not receive or discharge passengers
in the roadway but shall pull up to the right-hand sidewalk as nearly
as possible or, in the absence of a sidewalk, to the extreme right-hand
side of the road and there receive or discharge passengers, except
upon one-way streets, where passengers may be discharged on either
the right-hand or the left-hand sidewalk, or the side of the roadway
in the absence of a sidewalk.
No driver shall permit any other person to occupy or ride any
said taxicab unless the person or persons first employing the taxicab
shall consent to the acceptance of additional passenger or passengers.
No driver shall permit more than a maximum number of five adults
or five children to be carried in a taxicab. A child in the arms of
an adult should not be counted as a passenger. No driver may refuse
or neglect to convey any orderly person or persons upon their request
unless previously engaged or unable to or forbidden by the provisions
of this chapter to do so.
Any holder of a license who shall refuse to accept a call anywhere
within the limits of the Borough of Washington at any time when such
holder has taxicabs available, or who shall fail or refuse to give
service, shall be deemed to have violated this chapter.
A.
A taxicab license issued under the provisions of this chapter may
be revoked or suspended by the Borough Council if the holder thereof
has:
(1)
Failed to operate the licensed vehicle for more than 30 days.
(2)
Violated any ordinance of the Borough of Washington or the laws of
the United States or the State of New Jersey, the violations of which
reflect unfavorably on the fitness of the licensee to hold a license
for public transportation.
(3)
Failed to furnish or keep in force the insurance policy and power
of attorney required by this chapter.
(4)
Changed his situation so that he could not at present qualify for
a license.
(5)
Sold or assigned any stock in any corporation or association without
having first reported such change to the Borough Clerk and police,
and the new owners meet the requisite qualifications of any applicant.
B.
Prior to suspension or revocation, the licensee shall be given written
notice of the proposed action to be taken and the reasons therefor,
and he shall have an opportunity to be heard.
A.
The Borough Council is given authority to suspend or revoke any taxicab
driver's license issued under this chapter for failure to comply
with the provisions of this chapter or qualify at present for a license.
B.
Suspension or revocation of a taxicab driver's license may be
appealed to the Borough Council within 30 days. Every driver licensed
under this chapter shall comply with all town, state and federal laws.
Failure to do so will justify suspension or revocation of this license.
All licensees hereunder shall agree upon and accept a uniform
rate schedule, which shall be subject to review by Borough Council
and the Public Utility Commission if requested, a schedule of which
shall be filed with the Borough Clerk and posted within each vehicle
in ready view of all passengers.
The making of false statements and/or the disclosure thereof
in any application or record required by this chapter shall constitute
a violation of this chapter, invalidate the application and cause
immediate revocation of any license so issued.
[Amended 1-8-1974 by Ord. No. 34-73]
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be punishable by a fine not exceeding $500
or by imprisonment for a term not exceeding 90 days, or by both such
fine and imprisonment. In the event the person violating any provision
of this chapter is a corporation, the officers, agents or employees
thereof who shall violate or procure, aid or abet any violation of
any of the provisions of this chapter, or permit the operation of
any taxicab contrary to the requirements thereto, shall be subject
to the same penalties as if they, themselves, were personally operating
such taxicab at the time such violations were committed.
