[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown
by Ord. No. 1975-4 as Chapter V of the Revised General Ordinances; amended
in its entirety 6-10-1997 by Ord. No. 1997-8. Subsequent amendments noted
where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated.
Crimes which involve a fundamental offense against society, such
as murder, manslaughter, arson, robbery, burglary, rape, mayhem, assault and
battery, etc., as opposed to statutory crimes, such as traffic violations.
The practice of driving about the streets of the borough with a taxicab
so as to solicit passengers or to bring the presence of the taxicab to the
attention of prospective passengers. A taxicab driving along the streets of
the borough for any reason other than while transporting a passenger, going
to a definite destination by the most direct route in response to a call for
a taxicab by a prospective passenger or returning by the most direct route
to the taxicab's home terminus after discharging a passenger or going to or
from the terminus to the driver's home by the most direct route shall be prima
facie evidence of cruising.
Any person who drives a taxicab within this borough.
Licensed in accordance with the appropriate section of this chapter.
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 within the Borough of Wrightstown 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 passenger. The
term "limousine" shall not be construed to mean taxicabs, hotel buses or buses
employed solely in transporting school children or teachers or autobuses which
are subject to the jurisdiction of the Board of Public Utilities, or interstate
autobuses required by federal or state law or rules of the Board of Public
Utilities to carry insurance against loss from liability imposed by law on
account of bodily injury or death.
Of a taxicab shall consist of transporting in such taxicab one or
more persons for hire along any of the streets of the borough. Accepting a
passenger to be transported for hire within the borough or from a point within
the borough to a point outside of the borough limits or discharging a passenger
transported for hire from a point outside of the borough limits to a point
within the borough limits shall be deemed to be "operation" of a taxicab within
the borough within the meaning thereof. The operation of a taxicab in any
of the above-described manners 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 sign therein or thereon using the words "taxi," "taxicab,"
"cab" or "hack" shall be prima facie evidence of operation.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receiver appointed by any
court whatsoever.
Includes any section of public street or public place set apart for
the exclusive use of a limited number of taxicabs when such section is distinctly
marked as such by a permanent sign attached to a section of the curb or other
conspicuous place or by clearly visible marks upon the surface of the street
or public place.
Includes any street, avenue, park, parkway, highway or other public
place.
Any automobile or motor car, commonly called a "taxi," engaged 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 Wrightstown, and particularly accepts and discharges such persons
as may offer themselves for transportation from points or places to points
or places within or without said borough.
Includes any automobile, motorcar or limousine, including an airport
limousine, engaged in the business of carrying passengers for hire, which
is held out, announced or advertised to operate or run, between the Borough
of Wrightstown and the airports outside the borough limits, as part of an
airport limousine service. Any such operation of an airport limousine service
shall be subject to all requirements of this chapter, including, amount other
things, the issuance of a separate certificate or permission as to such service.
A.
No taxicab shall be operated upon, over or along the
streets or other highways of the Borough of Wrightstown, nor shall any taxicab
stand upon any public street or other public place or on the private premises
within the limits of the Borough of Wrightstown, waiting for employment, without
first being licensed by the Borough of Wrightstown. Each license issued under
this chapter shall be valid from September 1 until midnight December 31 unless
sooner surrendered, suspended or revoked.
B.
Class of license. A taxicab owner's license shall entitle
the taxicab therein described to be operated in the borough by a driver duly
licensed hereunder until the license either expires or is surrendered, suspended
or revoked and shall not be transferable. A taxicab driver's license shall
entitle the person named therein to operate within the borough any taxicab
duly licensed hereunder until the license either expires or is surrendered,
suspended or revoked and shall not be transferable.
C.
Fee; number. The annual fee to be paid for a taxicab
owner's license shall be $100 per cab which shall accompany the applicant
no later than August 31. The fee for a limousine license shall be the same
for a taxicab license. The fee for the taxicab operator's license shall be
$10 for the original license and $10 for each renewal. The number of taxicab
owner licenses at any one time issued and outstanding shall not exceed 20
in number and the number of licenses for taxicab drivers shall not exceed
the number Council shall, in its discretion, deem sufficient to adequately
serve public necessity and convenience.
A.
No limousine shall be operated upon, over or along the streets or highways of the Borough of Wrightstown, nor shall any limousine stand upon any public street or other public places or on private premises within the limits of the Borough of Wrightstown waiting for employment without first having been licensed by the Borough of Wrightstown. The term of the license, fee of the license and number of license allowed shall be the same as for taxicabs as set forth in § 193-2. A condition to the insurance of a limousine license shall be that all parking of limousines shall be off-street.
B.
All references to taxicabs in said sections of this chapter
shall apply to limousines as well.
A.
Application. All applications for the issuance or renewal
of any license, owner or driver shall be made to the Borough Council on forms
adopted by the Council and obtained by the Borough Clerk and designated to
elicit information respecting the identification, responsibility and law-abiding
habits of the applicant. Each applicant for a license of any class shall supply
the information requested on the application in full and verify the correctness
thereof by his oath of affirmation and thereafter file the completed application
with the Borough Clerk together with the full amount of the proper fee.
B.
Photograph required. Each applicant for a taxicab driver's
license shall file with his application two photographs each 3 1/2 inches
by 3 1/2 inches in size, clearly depicting the facial features of the
applicant, both of which photographs shall thereupon become the property of
the borough and be retained with the application form unless the application
shall be issued, in which event one of such photographs shall be permanently
affixed to the license card in a space provided thereon.
C.
Insurance policy. Municipal consent shall not become
effective until the taxicab owner shall have filed with the Borough Clerk
an insurance policy of a company duly licensed to transact business in the
State of New Jersey conditioned for the payment of a sum not less than $100,000
to satisfy all claims for damages, by reason of bodily injury to, or the death
of, any one person, resulting from an accident, and a sum not less than $300,000
to satisfy all claims for damages, by reason of bodily injury to, or the death
of, all persons, on account of such accident, by reason of the ownership,
operation, maintenance or use of such taxicabs upon any public street; and
conditioned for the payment of a sum of not less than $5,000 to satisfy any
claim for damages to property of any one person, resulting from an accident,
and the sum of not less than $25,000 to satisfy all claims for damages to
property of all persons, on account of any such accident, by reason of the
ownership, operation, maintenance or use of such taxicab upon any public street
of a court of competent jurisdiction to be served against the insured by virtue
of the insurance policy.
D.
Power of attorney. The taxicab owner shall execute and deliver to the Borough Clerk, concurrently with the insurance policy as set forth in Subsection C, a power of attorney appointing the borough's Chief Financial Officer as his 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 insurance policy.
E.
Council refusal. The Borough Council may, in its discretion,
refuse to issue or renew or may, after notice and hearing, revoke or suspend:
(1)
Either the owner's license, the driver's license or both
if the vehicle shall not be in a safe condition for the transportation of
passengers or otherwise kept in conformity with the terms of this chapter.
(2)
Either the owner's license, the driver's license or both
if the vehicle's use is permitted for any improper, immoral or illegal business
or purposes.
(3)
Any driver's license if the license or applicant has
in any degree contributed to an injury to person or damage to property arising
out of negligent operation of a motor vehicle, or has a communicable or contagious
disease.
(4)
Either the owner's license, driver's license or both
for the violation of any statute or law of the State of New Jersey or of the
United States.
(5)
Either the owner's license, driver's license or both
for the violations of any provision of this chapter.
F.
Owner's license requirements. No taxicab owner's license
shall be granted or issued to any person unless such person shall:
(1)
Be a citizen of the United States.
(2)
Have been a resident of the State of New Jersey for at
least one year prior to the making of said application.
(3)
Be of good moral character.
(4)
Be able to read, write and speak the English language.
(5)
Have never been convicted of a crime involving moral
turpitude.
G.
Driver's license requirements. Each applicant for a taxicab
driver's license under the terms of this chapter must conform to the following
requirements:
(1)
Be of the age of 18 years or over and a citizen of the
United States, or have declared his intention to become such citizen, and
be a resident of the State of New Jersey for at least six months next preceding
the date of such application.
(2)
Not have been convicted of any crime involving moral
turpitude within 10 years next preceding the date of such application.
(3)
Present the certification of a reputable physician showing
that he has been examined within 60 days and that he is of sound physique,
with good eyesight and not subject to epilepsy or any other infirmity of the
body and mind which might render him unfit for the safe operation of the taxicab.
The Borough Council may, for good cause, at any time after a driver's license
has been issued, require the same to submit to a physical examination in the
manner herein set forth and present a certificate of such physician showing
the nonexistence of the conditions above mentioned.
(4)
Be able to read, write and speak the English language.
(5)
Be clean in dress and person and not be addicted to the
use of narcotics and intoxicating liquors.
H.
Issuance of license; display. Each applicant granted
a taxicab driver's license shall be issued a license card in evidence thereof
in form approved by the Borough Council and signed by the Borough Clerk in
its behalf. Such license card shall at all times be prominently displayed
and adequately protected in the interior of any taxicab 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 the taxicab; the license
card shall at all times be and remain the property of the borough and on direction
of Borough Council shall at once be surrendered to the Borough Clerk. No taxicab
driver's license card other than that of the licensee actually operating the
cab at the time shall be displayed therein.
A.
Identification of taxicabs; rates posted.
(1)
Every taxicab licensed under this chapter shall have
painted on both sides and top thereof the word "Taxi" or "Cab" or "Taxicab"
in letters at least three inches high or the name of the operating owner containing
the word "Taxi" or "Cab" or "Taxicab." Every taxicab shall have displayed
thereon and/or therein the name of the owner thereof.
(2)
No taxicab shall hereafter be operated in the borough
unless and until there is prominently displayed in the interior, within the
full view and access of any passenger therein, a complete list of fares, charges
or tariff rates charged for the transportation of passengers which fares,
charges or tariff rates so displayed and no other, shall be those to be charged
any passenger so transported.
B.
Record required.
(1)
All taxicab owner licensees shall maintain records of
fare from the point of hire to the point of destination, showing the time,
date and the amount of fare. These records shall be kept for at least 30 days.
(2)
All taxicab owner licensees shall keep a record of the
number of trips per day for each taxicab owned by them and licensed under
this chapter. These records shall be kept for a period of 12 months.
(3)
All records pertaining to the taxicab business of taxicab
owners licensed under this chapter shall be available for inspection by the
governing body or its duly authorized representative at all reasonable hours.
A.
Standing, pickup and discharge. Taxicabs occupying stands
on private premises shall be subject to all the provisions of this chapter.
No taxicab driver shall park in front of an entrance of any building within
a prohibited parking space after his passengers, desiring to leave, have alighted,
nor park in any prohibited parking space waiting for passengers. No driver
of a taxicab shall suffer or permit persons to loiter in or about his taxicab
while on duty. No vehicle other than a licensed taxicab shall stop on any
public taxicab stand except while loading and unloading goods, wares or merchandise
or while receiving or discharging passengers. No taxicab shall occupy any
public taxicab stand other than the stand designated on the permit issued.
No taxicab shall discharge or receive passengers until it has first been operated
into a position next to the curbline of the street. No taxicab shall stand,
discharge or receive any passengers except on a stand fixed by the borough
ordinance.
B.
Cruising. No person shall cruise on the streets of the
borough with any taxicab at any time for the purpose of soliciting passengers.
