[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield 11-4-1976 by Ord. No. 159 (Ch. 90 of the 1977 Township
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 93.
No person, firm or corporation shall engage in the taxicab business
or operate or permit a taxicab owned or controlled by it to be operated
as a vehicle for hire upon the streets of the Township of Upper Deerfield
without having first obtained a taxicab license as set forth in this
chapter.
The fee for a license shall be $100 per year, which year shall
be from July 1 through June 30. This license fee is in addition to
any other fee or charge established by any authority and is the responsibility
of the owner-operator of the taxicab in question.
A.
An application for a license shall be filed with the Township Clerk
on forms provided, and the said application shall be verified under
oath and shall provide the following information:
(1)
Name and address of applicant. Where the applicant is not a natural
person, the names and addresses of all owners or participants in the
ownership of the legal entity and all officers, directors or others
of like position, whatever be their title, shall be provided.
(2)
The year, type and model of vehicle for which the license is desired.
(3)
The number of persons the vehicle is capable of safely carrying.
(4)
The motor vehicle registration number (license plate number) of the
vehicle to be licensed.
B.
The application shall be accompanied by proof of current liability
insurance coverage meeting the standards set forth below and by the
power of attorney required by N.J.S.A. 48:16-5.
Each person set forth in § 366-3A(1) of this chapter shall present himself at the office of the New Jersey State Police and permit his or her fingerprints to be taken by the said police agency, which fingerprints shall be considered a part of the application. A copy of the fingerprints of each applicant shall be forwarded to the New Jersey State Police and 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 Township Committee to be used in evaluating the application.
It shall be unlawful for the holder of the license to operate
or allow to be operated a taxicab, and no license shall be issued
hereunder, until and unless the applicant shall have complied with
the provisions of N.J.S.A. 48:16-1 to 48:16-12 and the acts amendatory
thereof or supplemental thereto; provided, however, that the minimum
requirements are hereby established as follows: An insurance policy
of a company duly licensed to transact business under the insurance
laws of the State of New Jersey shall be filed with the Clerk of the
Township in the minimum amount of $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 in the sum of not less than $300,000
to satisfy all claims for damages by reason of bodily injuries to
or the death of all persons on account of any one accident, and for
a sum of $10,000 to satisfy any claim for damages to property arising
out of any one accident.
A.
No license shall be issued hereunder unless and until the Township
Committee makes the following findings:
(1)
That, based on all information available to the Committee, the applicant
is a fit person to operate a taxicab business.
(2)
In the event of a renewal application, that the applicant has complied
with all rules and regulations promulgated by proper authority and
has provided service to the public in the proper manner.
(3)
That the proper proof of insurance has been filed with the Township
Clerk.
(4)
That the applicant is willing and able to perform public transportation
in accordance with the provisions of this chapter and in a manner
to meet public needs.
B.
When the Township Committee has made such findings, the Clerk shall
issue a license, which shall state the name and address of the applicant,
the date of issuance and a description of the vehicle licensed. A
separate license shall be made for each vehicle.
No taxicab license shall be assigned, mortgaged, pledged or
otherwise transferred.
The following regulations shall hereafter apply to all taxicabs
licensed in the Township of Upper Deerfield:
A.
The owner of each taxicab shall forthwith file with the Township
Clerk and the New Jersey State Police Barracks Commander a typewritten
or printed schedule showing the days, hours and locations at which
the said taxicab will be at a designated taxi stand with a qualified
operator ready to serve the public, subject to being actually engaged
in service. Appropriate telephone information shall also be supplied.
B.
Hereafter, each time a taxicab license is applied for, the applicant
shall file with his application and as a part thereof a new schedule
as aforesaid. When a new license is granted or a license is renewed,
the licensee shall forthwith furnish the New Jersey State Police Barracks
Commander with a copy of the current schedule of said taxicab.
C.
Each licensed taxicab shall, at all times set forth in the said schedule,
be at its designated stand with a qualified operator ready to serve
the public, subject to times actually in call, that is, making a service.
D.
If during the license period the license holder shall find it impossible
or impractical to comply with the schedule as filed, the holder of
the license shall immediately file a written notice with the Township
Clerk and the New Jersey State Police Barracks Commander, stating
when the taxicab went out of public service and the reason therefor.
When a taxicab is returned to public service, written notice thereof
shall be immediately filed by the holder of the license with said
Township Clerk and New Jersey State Police Barracks Commander. The
Township Committee shall review the number and extent of the periods
when each taxicab has been out of service during the previous licensing
period when considering the renewal of any license.
No taxicab licensed as aforesaid shall be operated within this
municipality by any person who has not obtained a permit pursuant
to this chapter.
Each applicant for a taxicab driver's permit must possess the
following qualifications:
A.
Be of the age of 21 years or over.
B.
Hold a current driver's license pursuant to the New Jersey Motor
Vehicle Law.
C.
Present a physician's certificate dated not more than 60 days
prior to the application date, stating that the applicant has no physical
or mental impairments which might render him unfit for the safe operation
of a taxicab.
D.
Be able to read, write and understand the English language and be
a citizen of the United States.
E.
Never have been convicted of a crime involving moral turpitude, sex
offense, violence, force and/or the threat of bodily injury.
F.
Not be addicted to the use of narcotics or intoxicating liquors.
G.
Have a good reputation for honesty and morality in the community
in which he resides.
H.
Not have received a dishonorable discharge from any branch of the
armed forces.
A.
Anyone desiring a taxicab driver's permit shall file an application
for the same with the Township Clerk on forms provided by the Township.
Said form shall include the following information: the applicant's
full name, residence, places of residence for the preceding five years,
age, height, color of eyes and hair, place of birth, last previous
employment and whether he has ever been convicted of a crime and,
if so, the nature, date and penalty. This application shall be signed
and filed with the Clerk as a permanent record.
B.
The applicant shall also furnish four copies of a photograph taken
within the preceding 30 days, size two inches by two inches, front
view.
C.
The applicant shall also have fingerprints taken by the New Jersey
State Police for submission to the New Jersey State Police and the
Federal Bureau of Investigation in order to determine whether or not
the applicant for a permit has any criminal record.
The Township Committee shall review the information provided
by the New Jersey State Police Barracks Commander and by the application
and, if it finds this information satisfactory, shall instruct the
Township Clerk to issue to the applicant a driver's permit card,
which shall contain the photograph and permit number assigned.
The permit, including the photograph, shall be displayed in
full view in the interior of the taxicab at all times that the taxicab
is being operated by said permittee. Each permit shall expire on June
30 next following issuance.
All holders of licenses engaged in the taxicab business in the
Township of Upper Deerfield, operating pursuant to this chapter, shall
provide all normal taxicab services to the public. They shall answer
all calls received by them for services inside the limits of Upper
Deerfield Township as soon as they can do so; and if said services
cannot be rendered within a reasonable time, they shall notify the
prospective passenger how long it will be before the call can be answered
and shall provide a reason for the delay. Any holder who shall refuse
to accept a call anywhere in this municipality when a cab is available
or who shall fail or refuse to give normal service shall be deemed
in violation of this chapter.
Every holder of a license shall require the driver to keep a
daily record, identified by the cab number of the taxicab used and
the permit number of the driver, which record shall include the time
and place when and where a passenger was accepted as well as the time
and place of discharge, together with the fare received for the trip.
These records shall be kept for at least 90 days and shall be open
at all times for inspection by any duly authorized law enforcement
officer.
No driver shall solicit passengers for taxicab service except
in the immediate vicinity of the cab. No driver shall solicit patronage
in a loud tone of voice, nor shall he in any manner annoy any person
or obstruct the movement of any person or follow any person for the
purpose of soliciting patronage.
The New Jersey State Police Barracks Commander shall designate
specified areas as taxicab stands. Licensees shall request such designation
and, if it is made, shall clearly indicate any sign or painted pavement,
or both, that the area is so designated, if deemed appropriate by
the New Jersey State Police Barracks Commander. Every licensed taxicab
shall have a designated taxicab stand from which it shall operate.
Drivers of taxicabs shall not receive or discharge passengers
in the roadway but shall pull up to the right-hand curb as nearly
as possible or, in the absence of a curb, to the extreme right-hand
side of the road and there receive or discharge passengers. Passengers
may be discharged or picked up on either side of a one-way street.
No driver shall cruise in search of passengers on any public
street in the Township of Upper Deerfield.
A.
No driver shall permit any additional passenger to occupy or ride
in a taxicab unless the person or persons first employing the cab
shall consent to the acceptance of additional passengers.
B.
No charge shall be made for an additional passenger except when the
additional passenger rides beyond the previous passenger's destination,
and then for only the additional distance of travel.
No driver shall refuse or neglect to carry any orderly person
or persons upon their request, unless previously engaged.
It shall be a violation of this chapter for any driver of a
taxicab to solicit business for any hotel, motel, rooming house, bar,
tavern, restaurant, theater and the like or to attempt to divert patronage
from one such place to another.
No taxicab, while waiting for employment by passengers, shall
stand on any public street or space other than at or upon a taxicab
stand designated or established by the New Jersey State Police Barracks
Commander, nor shall any driver of such taxicab seek employment by
repeatedly and persistently driving his taxicab to and fro in a short
space before, or by otherwise interfering with the proper and orderly
access to or egress from, any theater, hall, hotel, public resort
or other place of gathering.
No driver of any taxicab shall induce any prospective passenger
to employ said driver by knowingly misinforming or misleading any
such passenger either as to the time or place of arrival or departure
of any train, motor vehicle or airplane or as to the location of any
hotel, public place or private residence or as to the distance between
any two points, nor shall any such driver deceive or make any false
representations to any prospective passenger by conveying that passenger
to any other place or over any other route than that to which such
passenger may have instructed the driver to go or which may be the
shortest feasible route to the destination.
Every owner shall be responsible for the operation of the vehicle
for which the license has been granted, regardless of the legal relationship
between such owner and the driver of such vehicle.
The driver, while engaged in the operation of a taxicab, shall
behave himself in a gentlemanly manner, and he shall not use any indecent,
profane or insulting language while engaged in such operation.
Every driver of a taxicab, immediately after the termination
of any hiring or employment, must carefully search such taxicab for
any property lost or left therein; and any such property, unless it
is claimed or delivered to the owner, shall as soon as possible be
turned over to the New Jersey State Police.
A.
Licenses or permits issued under the provisions of this chapter may
be suspended or revoked by the Township Committee if the holder has:
(1)
Violated any of the provisions of this chapter.
(2)
Discontinued operation for more than 30 days.
(3)
Violated any ordinances of the Township of Upper Deerfield or the
laws of the United States or the State of New Jersey, the violation
of which reflects unfavorably upon the fitness of the holder or permittee
to offer public transportation.
B.
Prior to suspension or revocation, the holder or permittee shall
be given written notice of the proposed action to be taken and the
charges against him, and thereupon, if the holder or permittee demands
a hearing, in writing, within 10 days of notification, he shall be
given a hearing on the charges.
Any person, firm or corporation who shall violate a provision
of this chapter or fail to comply therewith shall, severally, for
each and every such violation and noncompliance, forfeit and pay a
penalty not to exceed the sum of $500 or be imprisoned for a period
of not more than 90 days, or both, in the discretion of the Judge
before whom such conviction shall be had. The imposition of a penalty
for violation of this chapter shall not excuse the violation or permit
it to continue. Such violation shall be remedied within a reasonable
time, and each day that such violation is permitted to exist shall
constitute a separate offense.
The conviction of a licensee or permittee for a violation hereunder
shall not prevent the Township from taking action to suspend or revoke
the permit or license of the person so convicted as herein provided.
