[HISTORY: Adopted by the Borough Council of the Borough of Glen Gardner 6-17-2008 by Ord. No. 2008-4. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 154.
As used in this chapter, the following terms shall have the meanings indicated:
- The practice of driving about the streets of the Borough within 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 this Borough for any purpose other than while transporting a passenger, going to a definite designation 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 said 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 sections of this chapter.
- OPERATION OF A TAXICAB
- Transporting in such taxicab one or more persons for hire along any of the streets in this Borough, accepting a passenger to be transported for hire within this Borough or from a point within the Borough to a point outside the Borough limits, or discharging a passenger transported for hire from a point outside the Borough limits to a point within the Borough limits shall be deemed to be the operation of a taxicab within the meaning thereof. The operation of a taxicab in any of the above-described manners by anyone other than the owner shall be deemed operation by the owner thereof as well as by the person actually driving. The transportation of any person other than the owner or driver in any motor vehicle bearing a sign therein or thereon using the word "taxi," "taxicab" or "cab" shall be prima facie evidence of operation.
- Any person, corporation or association whose name or title to any taxicab is registered with the New Jersey Motor Vehicle Commission or which appears in such records to be the conditional vendee or lessee thereof.
- 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 Glen Gardner and which accepts passengers for transportation from points or places to points or places within or without the said Borough, provided that nothing herein contained shall include autobuses, public liveries, jitneys and other such vehicles which are hired by charter or for a particular contract agreed upon in advance or such public conveyances as are by law subject to state and/or federal regulation exclusively.
- TAXICAB STAND
- A section of a 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 metal sign attached to a stanchion on the curb or other conspicuous place or by clearing visible marks upon the surface of the street or public place.
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 Glen Gardner unless both the taxicab and driver thereof are licensed pursuant to the terms of the chapter and conform to all the provisions thereof.
All applications shall be made on forms furnished by the Borough Clerk, and the same shall be completed and verified under oath and filed with the said Borough Clerk. Each application shall set forth the full name and address of the owner; the serial number, type, color, year and make of the taxicab; and the number of persons it is to carry, and each application shall be accompanied by the appropriate fee. Any change of address shall be reported in writing to the Borough Clerk within three days after such change.
All applications shall be filed with the Borough Clerk, who shall submit the said application to the Mayor and Council at the next succeeding meeting for action, and any or all applications may be granted or refused by the majority vote of the members of said body present at such meeting.
Every person obtaining a taxicab license must be at least 21 years of age. If a corporation, the corporation must be organized and existing under the laws of the State of New Jersey and shall maintain an office in the Borough of Glen Gardner.
No taxicab licensed under this chapter shall be maintained or operated on the streets of the Borough of Glen Gardner except by a driver licensed in accordance with the provisions of this chapter.
Each applicant for a taxicab driver's license shall be at least 21 years of age and a holder of a state driver's license issued by the New Jersey Motor Vehicle Commission.
Each applicant for a taxicab driver's license shall submit 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 he has no infirmity of body or mind which might render him unfit for the safe operation of a taxicab.
Each applicant shall present himself to the New Jersey State Police and, at the applicant's expense, permit his or her fingerprints to be taken by said police. The fingerprints shall be considered part of the application. The New Jersey State Police shall forward a copy of the fingerprints to the Federal Bureau of Investigation for purposes of determining the existence of a record of arrest or conviction. Any information received from these sources shall be furnished to the Borough of Glen Gardner to be used in evaluating the application. An affidavit from the New Jersey State Police will be furnished to the Borough of Glen Gardner to the effect that the applicant is of good moral character.
If the applicant is a corporation or copartnership, none of the members, officers, directors or stockholders may have been convicted of a crime involving moral turpitude or 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 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 certificates 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 license in the case of any applicant:
Whose state automobile driver's license or permit to operate a taxicab has been suspended or revoked.
Who has been convicted of a crime involving moral turpitude.
Who shall have been convicted of a violation of laws pertaining to intoxicants, narcotics or prostitution.
Who for just cause is deemed by the Borough Council unfit to drive a taxicab.
The annual taxicab license fee shall be $25 for the first taxicab to be covered by the taxicab license and $10 for each additional taxicab under said license. The license shall be effective for the period January 1 to December 1 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 payment of the aforesaid fee to the Borough Clerk.
The annual taxicab driver's license fee shall be $10, and the license shall be effective for the period of January 1 to December 31 of each calendar year or part thereof. A taxicab driver's license shall be issued upon payment 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.
Every 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 certificate thereof, required by N.J.S.A. 48:16-3, covering the taxicab to be licensed. Upon failure to file the insurance certificate or upon notice to the Borough Clerk that the insurance coverage of the licensee has been revoked or suspended, the Borough Clerk shall refuse to issue the license or shall have the license suspended.
No taxicab license shall be issued until the applicant therefor shall have delivered to the Chief Financial Officer, concurrently with the filing of the insurance policy, a power of attorney executed by said applicant wherein and whereby said applicant shall appoint the Chief Financial Officer of the Borough of Glen Gardner 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 side of the roadway in the absence of a sidewalk.
No driver shall permit any other persons to occupy or ride in any said taxicab unless the person or persons first employing the taxicab shall consent to the acceptance of such additional passenger or passengers. No driver shall permit more than a maximum number of five adults or children to be carried in the taxicab.
Any holder of a license who shall refuse to accept a call anywhere within the limits of the Borough of Glen Gardner at any time when such holder is available, or who shall fail or refuse to give service, shall be deemed to have violated this chapter.
A taxicab license issued under the provisions of this chapter may be revoked or suspended by the Borough Council if the holder thereof has:
Failed to operate the licensed vehicle for more than 30 days.
Violated any ordinance of the Borough of Glen Gardner 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.
Failed to furnish or keep in force the insurance policy and power of attorney required by this chapter.
Changed his situation so that he could not at present qualify for a license.
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.
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.
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.
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 Borough, 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 the Borough Council and the Public Utility Commission, if requested, and 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.
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 that 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 thereof, shall be subject to the same penalties as if they, themselves, were personally operating such taxicab at the time such violations were committed.