Borough of Lindenwold, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Lindenwold 11-17-1969; amended in its entirety 2-8-2012 by Ord. No. 1308 (Ch. 188 of the 1981 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 150, § 150-6.
The following words and phrases and their derivatives, when used in this chapter, shall have the meanings hereinafter indicated:
BOROUGH
The Borough of Lindenwold.
CRUISING
The practice of driving about the streets of the Borough with a taxicab for the purpose of soliciting passengers or presenting the purpose of the taxicab to the attention of prospective passengers. A taxicab driving along the streets of the Borough for any purpose other than while transporting a passenger or 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 by the most direct route shall be prima facie evidence of "cruising."
DRIVER
Any person who drives a taxicab within the limits of the Borough.
LICENSED
Licensed in accordance with the appropriate section of this chapter.
OPERATION OF A TAXICAB
Transporting in such vehicle one or more persons for hire along any of the streets or public highways of the Borough of Lindenwold. Accepting passengers to be transported for hire from points or places to other points or places within or without the Borough of Lindenwold shall be deemed to be operation by the owner thereof as well as by the person actually driving the vehicle. The "operation of a taxicab" is as defined below without regard to whether the vehicle bears omnibus or livery registration tags; both are included if the vehicle is performing the above-described acts. The transportation of any person other than the owner or driver in any motor vehicle bearing a sign thereon or thereupon using any of the words "taxi," "taxicab," "cab" or "limousine service" shall be prima facie evidence of such operation.
OWNER
Any person, corporation or association in whose name title to any taxicab is registered with the Department of Motor Vehicles of the State of New Jersey or who appears in such records to be the conditional vendee or lessee thereof.
PERSON
Includes any individual, copartnership, association, corporation or joint-stock company, their lessees, trustees or receivers, and includes the plural as well as the singular.
STREET
Includes any street, avenue, park, parkway, highway or other public place.
TAXICAB
Includes any automobile or motorcar 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 or public highways within the Borough of Lindenwold and which accepts passengers for transportation from points or places to points or places within or without the Borough of Lindenwold. "Taxicab" shall include all such vehicles whether they bear "omnibus" or "livery" registration tags issued by the Motor Vehicle Department.
A. 
From and after the effective date of this chapter, no person shall operate any taxicab within the limits of the Borough unless both the taxicab and the driver thereof are licensed pursuant to this chapter and conform to all the provisions hereof and to the provisions of all applicable statutes.
B. 
The governing body, as mandated by the State of New Jersey, is required to set the number of taxicab licenses it desires to issue in any particular year. The governing body has decided to make such limitation by issuing 95 taxicab licenses to existing taxicab owners currently on file in the Borough of Lindenwold.
[Amended 11-6-2013 by Ord. No. 1350]
C. 
If the Borough decides to issue one or more new or additional taxicab licenses it must do so by ordinance. After making this determination, the Borough shall publish a notice of the new or additional authorized licenses. The notice shall specify a time and date after which no further applications will be accepted. The notice shall be published at least twice and at least one week apart, with the second notice published at least 30 days prior to the time and date specified in the notice as the time and date after which no further applications will be accepted. If a license or licenses are not issued within six months after the closing time and date for acceptance of applications specified in the notice, no such license or licenses shall be issued without again complying with the above-described notice provisions.
D. 
Whenever the Borough determines by ordinance to issue one or more taxi licenses, the governing body may authorize that such license or licenses be issued to the highest qualified bidder therefor at a sale by public auction for that purpose conducted or supervised by the Municipal Clerk. The ordinance may prescribe qualifications for prospective bidders; provided, however, that such qualifications shall not be inconsistent with any law of this state or rule or regulation of any agency thereof. The ordinance may fix a minimum bid price and conditions of sale with reservation of the right to reject all bids where the highest bid is not accepted. The ordinance may also contain a provision that requires the recipient of the taxicab license to reimburse the municipality for any costs incurred by the municipality in complying with the public notice requirements discussed in Subsection C above. In the event more than one taxicab license is issued at the same public auction, the recipients thereof shall equally split the costs of reimbursing the municipality for any costs incurred by the municipality in complying with the public notice requirements.
There are hereby established two classes of taxicab licenses, to be known as "taxicab driver's license" and "taxicab owner's license," respectively.
A taxicab driver's license shall entitle the person named therein to operate within the limits of the Borough any taxicab duly licensed hereunder and under the laws of the State of New Jersey until the license granted pursuant to the terms of this chapter either expires or is surrendered, suspended or revoked, and shall not be transferable. The annual fee for an initial taxicab driver’s license and the annual renewal fee shall be as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-6. Each driver is required to undergo testing by an accredited laboratory for use of controlled dangerous substances every year and provide to the Borough proof of such testing before the taxicab driver's license will be issued.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A taxicab owner's license shall entitle the taxicab therein described to be operated in the Borough by a driver duly licensed hereunder and duly licensed under the laws of this state until the license granted pursuant to the terms of this chapter either expires or is surrendered, suspended or revoked, and shall not be transferable.
No taxicab owner's license or taxicab driver's license shall be issued:
A. 
To an individual who is not legally residing in the United States or who has been convicted of a crime involving moral turpitude.
B. 
To a corporation unless each of the officers, directors and stockholders thereof is a citizen of the United States and none has been convicted of a crime involving moral turpitude.[1]
[1]
Editor's Note: Original § 188-6.1, Records of drivers; drug tests, of the 1981 Code, which immediately followed this section , was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
All taxicab owner's licenses issued pursuant to the provisions of this chapter shall expire at 12:00 midnight on the 31st day of March first occurring following the issuance of said license. No license fee payable under this chapter shall be prorated nor shall any part thereof be refunded for any reason unless a license shall be refused.
B. 
All taxicab driver's licenses issued pursuant to the provisions of this chapter shall expire at 12:00 midnight on the 31st day of December of the year of the issuance of said license. No license fee payable under this chapter shall be prorated nor shall any part thereof be refunded for any reason unless a license shall be refused.
All applications for the issuance or renewal of any license of either class shall be made to the Mayor and Borough Council of the Borough or designee on forms to be adopted by the said Mayor and Borough Council and to be obtained from the Borough Clerk's office and designed to elicit information respecting the identification, responsibility and law-abiding habits of the applicant.
Every application for a taxicab owner's license or a taxicab driver's license shall be verified by the oath or an affirmation of the applicant or applicants, if an individual or copartnership, and if a corporation, shall be verified by the oath or affirmation of an officer thereof.
[Amended 11-5-2014 by Ord. No. 2014-01]
Every applicant for a taxicab owner's license shall set forth the full name and address of the owner, lessee or bailee of the taxicab to be licensed, the make and character of the taxicab, the number of persons said vehicle is suitable for carrying, and the serial number of said vehicle. The applicant may be requested to present each taxicab for which a license is sought to the Mayor and Council or its authorized representative, which may include the Borough Police Department, Director of Public Safety or Compliance Officer, for an inspection prior to the issuance of a license for the taxicab. A written report of the inspection shall be included with the application that is presented to the Mayor and Borough Council or designee. No license shall be granted to any taxicab which has failed the inspection. Each application shall be accompanied by a license fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-6, for each taxicab to be licensed. All applications for a taxicab owner's license shall be filed with the Borough Clerk or designee prior to the operation of the taxicab in the Borough of Lindenwold or the expiration of license.
All taxicabs licensed to operate within the Borough of Lindenwold shall compute mileage by means of a meter, the form of which is to be approved, inspected, and sealed by the Camden County Department of Weights and Measures. Prior to the issuance of any license for a taxicab, the meter may be checked to assure that it is properly calibrated and shall be sealed by the Borough Compliance Officer or his designee, which may be a member of the Borough police force, the Public Safety Director or any person determined by the Compliance Officer to be qualified and an employee of the Borough of Lindenwold.
Every applicant for a taxicab owner's license shall file with his application a statement as to the hours when said taxicab or taxicabs will be in operation for public use and a statement of the fares, charges or tariff rates. The failure of any licensee to provide taxi service to the general public during the hours named in said statement or the receiving of fares, charges or tariff rates other than as set forth in the statement shall be sufficient cause for revocation of any license.
A. 
No taxicab owner's license shall be issued until the applicant therefor files with the Borough Clerk an insurance policy of a company duly licensed to transact business under the insurance laws of this state for a combined single limit coverage of not less than $50,000, insuring against loss by reason of the liability imposed by law upon the owner or driver of the taxicab for damages on account of bodily injury or death suffered by any person as the result of or by reason of the ownership, maintenance or use of any taxicab within the Borough. Any license issued for any such operation of the taxicab thereunder shall be permitted only so long as the insurance policy shall remain in force to the full and collectible amounts aforesaid.
[Amended 11-5-2014 by Ord. No. 2014-01; 3-11-2015 by Ord. No. 2015-01]
B. 
The operation of any taxicab under any license issued hereunder shall be permitted only so long as said insurance policy shall remain in force to the full and collectible amounts aforesaid. The insurance policy shall name the Borough of Lindenwold as an additional insured such that the Borough shall receive copies of all premium notices, cancellation notices and nonrenewals.
No taxicab owner's license shall be issued until the applicant therefor shall have delivered to the Borough Clerk or designee, concurrently with the filing of the insurance policy hereinbefore referred to, a power of attorney executed by said applicant wherein and whereby said applicant shall appoint the Treasurer of the Borough of Lindenwold 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.
[Amended 11-5-2014 by Ord. No. 2014-01]
If the application for a taxicab owner's license shall be granted, there shall be issued to the applicant a license card in evidence thereof setting forth the name and address of the licensee, the number of the license and the name and character of the taxicab licensed, together with the serial number of said vehicle and the maximum number of passengers to be carried therein at any one time. Said license card shall be signed by the Borough Clerk or designee and shall at all times be prominently displayed and adequately protected in the interior of any taxicabs so licensed 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 such taxicab. There shall also be displayed in the interior of said taxicab so licensed a statement or schedule of charges for the use thereof. Any taxicab license issued pursuant to this chapter may be transferred to another vehicle owned by or in the custody of the same licensee upon the payment of a transfer fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-6, and upon the approval of the Mayor and Borough Council or designee. There shall also be displayed on the exterior rear portion of each taxicab so licensed a metal license plate or decal, which shall be furnished and supplied by the Borough.
[Amended 11-5-2014 by Ord. No. 2014-01; 5-13-2015 by Ord. No. 2015-03]
Every application for a taxicab driver's license shall set forth the full name and address of the applicant, his or her age, whether or not he or she is a citizen of the United States and whether or not he or she has ever been convicted of a crime and, if so, the crime of which he or she has been convicted, the place of conviction, the date thereof and the punishment thereof. Such applicant shall also furnish satisfactory evidence that he or she has received a driver's license from the Motor Vehicle Department of the State of New Jersey unless a previous taxicab driver's license has been issued by the Borough of Lindenwold. Each applicant for a taxicab driver's license shall, at the time of filing his/her initial application, be fingerprinted by the Police Department of the Borough or a designated outside agency. Such fingerprint impressions may be used by the Borough for securing from any agency any report or reports it may deem necessary with respect to said application. Said fingerprint impressions and any report received with respect thereto shall be affixed to the application before consideration thereof by the Mayor and Borough Council or designee. For subsequent taxi driver renewals, the Lindenwold Police Department shall provide the applicant with the SBI instruction form which allows the applicant to utilize the New Jersey State Police portal for a background check with respect to said application. In addition, proof of testing from an accredited laboratory for use of controlled dangerous substances must be provided. A license fee as prescribed in Chapter 150, Fees, Article I, Fee Schedule, § 150-6, shall accompany each application for a taxicab driver's license.
If the application for a taxicab driver's license shall be granted, there shall be issued to the applicant a license card in evidence thereof setting forth the number of the license, the name and address of the licensee and his or her age. Said license card shall be signed by the Borough Clerk or designee and shall at all times be permanently 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 such taxicab.
The Mayor and Borough Council or designee may refuse to issue or renew or may, after notice and hearing, revoke or suspend:
A. 
Any taxicab driver's license if a criminal history record background check required pursuant to this section reveals a record of conviction of any of the following crimes:
(1) 
In New Jersey or elsewhere any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession any weapon enumerated in Subsection r of N.J.S.A. 2C:39-1, a crime pursuant to the provisions of N.J.S.A. 2C:39-3, 2C:39-4 or 2C:39-9, or other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2.
(2) 
In any other state, territory or commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Subsection A(1) of this section.
(3) 
If a person who has been convicted of one of the crimes enumerated in Subsection A(1) and (2) of this section can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a taxicab.
(4) 
If a person is an alien citizen of any nation between which and the United States of America a state of war exists; or has made false answers in his application for such license or any renewal thereof; or has failed or fails to render reasonably prompt, safe and adequate taxicab service; or has not complied fully with all requirements of this chapter for such class of license.
(5) 
The provisions contained in Subsection A(1) through (4) above pertaining to a criminal background check shall not apply to an operator or driver of a taxicab who has received the consent to operate in the Borough prior to the effective date of P.L. 2011, c. 135 (N.J.S.A. 48:16-2.1 et seq.). The Borough reserves the right to have an applicant for a taxicab driver's license submit to a criminal background check as it sees fit and at any time discussed in this chapter.
B. 
Any taxicab driver's license if the licensee or applicant has in any degree contributed to any injury to person or damage to property arising out of negligent operation of a motor vehicle or has any communicable or contagious disease.
C. 
Any taxicab owner's license if the motor vehicle licensed or to be licensed, by reason of unsafe or unsanitary condition, is dangerous to the safety or health of the occupants or others, or if the policy of insurance required by this chapter has lapsed or such coverage is not maintained at all times.
Any taxicab licensed pursuant to this chapter may be inspected by any member of the Borough Police Department, Director of Public Safety or the Compliance Officer of the Borough of Lindenwold if such individual has a reasonable basis for believing that the taxicab is dangerous to the safety or health of the occupants or others. If, upon inspection, the taxicab is found to be dangerous to the safety and health of the occupants or others, the Mayor and Borough Council shall be notified immediately and the license for the taxicab shall immediately be suspended and shall be precluded from operating within the Borough of Lindenwold as a taxicab. The taxicab owner must request a hearing before the Mayor and Borough Council to determine whether the license is to be reinstated. The hearing may be conducted at a regularly scheduled Council meeting.
Each licensed taxicab shall be maintained in good physical condition with no physical damage. If the Borough Compliance Officer or designee determines that a licensed taxicab does not comply with this provision, the Compliance Officer shall issue a warning on the first violation and will allow the operator three days in which to make the necessary repairs. In the event that the operator does not complete the repairs within three days of the notice and continues to operate the taxicab, such operation shall constitute a violation of this chapter.
No taxicab shall hereafter be operated in the Borough unless and until there is prominently displayed in the interior thereof within full view and access to any passengers therein an illuminated display case containing the owner's card, the taxicab driver's license, which license shall include a recent photograph of the driver then operating the taxicab, and a complete list of fares, charges or tariff rates so displayed, and no others shall be charged any passenger so transported.
Every taxicab so licensed shall have painted on both sides thereof one of the words "taxi" or "cab" in letters at least three inches high or the name of the operating owner containing at least one of the words "taxi," "cab" or "taxicab." Every taxicab so licensed shall have painted on each side thereof, in letters at least one inch high, the name of the owner thereof followed or preceded by the word "owner." Magnetic signs are not accepted and may cause the taxicab owner's license to be revoked. The owner of a taxicab shall cause to be displayed on the body of the vehicle the taxi license number issued to that vehicle. The number shall be three inches in height and located in the center of the rear quarter panels on the driver and passenger sides and the rear center line of the trunk of the vehicle. Each taxicab shall display on each rear door of the vehicle the "Borough of Lindenwold" in letters three inches in height.
The owner of each taxicab so licensed shall keep or require to be kept a written record of each trip made by the said taxicab, showing the number of daily trips. Such record shall not be destroyed for at least one year from the date of the trip and shall be kept within the Borough in readily accessible form and shall be accessible at all reasonable times for inspection by the Mayor and Borough Council, any Borough official or member of the Lindenwold Police Department. The daily log shall be kept in the vehicle until, at the earliest, the end of the workday.
No person shall park or rank any taxicab on any of the streets of the Borough at any time except at such place or places as may from time to time be lawfully designated as municipal taxi stands.
No person shall cruise on the streets of the Borough with any taxicab at any time for the purpose of soliciting passengers.
No taxicab driver's license issued pursuant to the terms of this chapter shall be transferable. Similarly, no taxicab owner's license shall be transferable, except in accordance with the terms of this chapter. Any transfer of a taxicab driver's license or a taxicab owner's license in violation of this chapter shall, upon conviction, be punished as provided in § 309-27.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any person or persons, firm or corporation who shall violate this chapter or any of its provisions shall, upon conviction, be subject to the penalties as set forth in Chapter 1, § 1-1, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Borough Clerk or designee may set the time and date for renewals of licenses pursuant to this chapter as required.