[HISTORY: Adopted by the Mayor and Council of the Borough
of Buena 2-28-2011 by Ord. No. 577.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 218.
[1]
Editor's Note: This ordinance supersedes former Ch. 209, Taxicabs,
adopted 12-11-1950, as amended.
For the purposes of this chapter, the following terms shall
be defined as follows:
Any individual, partnership, corporation or association.
Any street, avenue, park, parkway, highway or other public
place.
Any automobile, motor vehicle or other vehicle, commonly
called "taxi," engaged in the business of carrying passengers for
hire, which is held out, announced or advertised to operate and run
or which is operated or run over any of the streets or the public
highways of this Borough and, particularly, accepts and discharges
such persons as may offer themselves for transportation from points
or places to points and places.
A meter instrument or device attached to a taxicab upon which
the far is based, which measures mechanically the distance driven
and the waiting time.
The time when a taxicab is not in motion, from the time of
acceptance of a passenger to the time of discharge, but does not include
any time that a taxicab is not in motion due to any cause other than
the request, act or fault of a passenger.
No person may cause a taxicab to be operated without first having
obtained a taxicab owner's license from the Council of the Borough
of Buena. No person may operate a taxicab without first having obtained
a taxicab operator's license from the Council of the Borough of Buena.
All applications shall be in writing on forms approved by the
Borough Clerk. All applications for taxicab owner's and operator's
licenses shall be completed in their entirety and filed with the Borough
Clerk. Any application which is deemed incomplete by the Borough Clerk
or his/her designee shall be rejected. All completed applications
shall have the date and time that they have been received recorded
thereon.
A.
Taxicab operator's license.
(1)
All applications for taxicab operator's license shall contain or
be accompanied with the following:
(a)
The name, age and residence of the applicant. A post office
box is not acceptable.
(b)
The names and addresses of two references residing in the Borough
of Buena.
(c)
The full amount of the license application fee hereinafter prescribed.
(d)
Other information deemed appropriate by the Chief of Police.
(2)
All applicants shall have the following qualifications:
(a)
An applicant shall be at least 18 years of age.
(b)
An applicant shall be a citizen or legal resident of the United
States.
(c)
An applicant shall have a valid New Jersey driver's license.
(d)
An applicant shall be able to communicate in the English language.
(e)
An applicant shall not have been convicted of any offense which
has resulted in the loss or suspension of his/her driving privileges
in this state or any other state within five years from the date of
application.
(f)
An applicant shall not have been convicted of any indictable
offense in this state or its equivalent in any other state.
(g)
An applicant shall not have been convicted of any drug- or alcohol-related
offense.
(h)
An applicant shall have such further qualifications that the
Borough Clerk or Chief of Police may deem appropriate and necessary
to determine the fitness of the applicant to operate a taxicab.
(3)
Each applicant shall be fingerprinted by the Buena Borough Police
Department prior to the issuance of an operator's license.
(4)
An operator's license shall not be transferable.
(5)
Upon submission of an application, the Chief of Police shall cause
an investigation to be made to determine whether the applicant meets
the qualifications as set forth herein. The Chief of Police shall
submit his/her report of findings to the Borough Clerk.
(6)
The Borough Clerk shall submit his/her recommendations for the issuance
of a taxicab operator's license to Borough Council for consideration.
When Borough Council has determined to grant such license, it shall
do so by resolution. Upon the adoption of such resolution, the Borough
Clerk shall sign all licenses and issue to each approved operator
an operator's license in accordance herewith.
(7)
Each applicant who has been approved for an operator's license as
prescribed herein shall be issued an operator's license which shall
contain a photo identification of the operator. Said license shall
be displayed conspicuously on the dashboard of the taxicab being operated
in plain view of the passenger. Said license shall be presented at
anytime upon the request of any police officer, the Code Enforcement
Officer, the Chief of Police, any authorized Borough agent or any
passenger. Every operator's license shall have affixed thereto the
Borough license number, date of issue and date of expiration.
B.
Taxicab owner's license.
(1)
All applications for taxicab owner's license shall contain or be
accompanied by the following:
(a)
The names, age and residence of the applicant. A post office
box is not acceptable.
[1]
If a partnership, the names, ages and residences of all partners
along with the business address of the partnership.
[2]
If a corporation, the names, ages and residences of its president,
secretary and treasurer along with its certificate of incorporation,
certified copy of resolution authorizing this application and a certificate
of good standing issued by the State of New Jersey not more than 30
days prior to the date of application. Application of any corporation
shall be signed by its president and attested by its secretary.
[3]
If a limited liability company, the names, ages and residences
of all of its members, name, age and residence of managing member,
certified copy of the resolution authorizing the application, certificate
of good standing issued by the State of New Jersey not more than 30
days prior to the date of the application.
(b)
A description of the vehicle or vehicles to be licensed, including
the year, make and model, seating capacity, vehicle identification
number and license plate number thereof. Should the applicant not
have this information at the time his/her application has been filed
with the date and time of receipt recorded thereon, then, in that
event, this information must be supplied to the Borough Clerk prior
to the issuance of an owner's license.
(c)
The owner of such taxicab to be licensed in accordance herewith
shall file with the Clerk of the Borough of Buena for each taxicab
operated an insurance policy of a company duly licensed to transact
business under the insurance laws of the State of New Jersey, conditioned
for the payment of a sum of not less than $15,000 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 of not less than $30,000
to satisfy all claims for damages by reason of the bodily injuries
to, or the death 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; and conditioned for the payment of a sum not
less than $5,000 to satisfy any claim for damages to property of any
one person resulting from an accident and a sum not less than $5,000
to satisfy all claims for damages to property of all persons on account
of any such accident by reasons of the ownership, operation, maintenance
or use of such taxicab upon any public street.
(d)
The names and addresses of two references residing in the Borough
of Buena.
(e)
The full amount of the application fee herein prescribed.
(f)
Other information deemed appropriate by the Chief of Police.
(2)
All applicants for a taxicab owner's license shall have the following
qualifications:
(a)
An applicant shall be at least 18 years of age. All partners,
corporate officers or members of the limited liability company applicant
shall be at least 18 years of age.
(b)
All applicants shall be a citizen or legal resident of the United
States. All partners, corporate officers or members of a limited liability
company applicant shall be a citizen or legal resident of the United
States.
(c)
An applicant shall not have been convicted of any indictable
offense in this state or its equivalent in any other state. All partners,
corporate officer or members of a limited liability company applicant
shall not have been convicted of any indictable offense in this state
or its equivalent in any other state.
(d)
An applicant shall not have been convicted of any drug- or alcohol-related
offense. All partners, corporate officers or members of a limited
liability company applicant shall not have been convicted of any drug-
or alcohol-related offense.
(e)
An applicant shall have such further qualifications that the
Borough Clerk or Chief of Police may deem appropriate and necessary
to determine the fitness of the applicant to own a taxicab.
(3)
Upon receipt of the completed application by the Borough Clerk, and
provided an owner's license is available for distribution by the Borough
of Buena, the application shall be forwarded to the Chief of Police,
who shall cause an investigation to be made in accordance herewith,
and thereafter he/she shall provide his/her findings and recommendations
to the Borough Clerk. In the event an owner's license is not available
for distribution by the Borough Clerk, the application shall be placed
on file with the Borough Clerk with the date and time recorded thereon
in accordance herewith. As owners' licenses become available, they
shall be offered to those applicants in the order of the dates and
times upon which each completed application was received and filed,
the earliest having the option to acquire said license in accordance
herewith. Notice of availability shall be sent by certified mail and
regular mail simultaneously requiring the applicant to respond in
20 days of mailing by notifying the Borough Clerk in writing of his
interest to acquire the available license. Should there be no response
within said time, or should notice to the address given in the application
be undeliverable or returned, notice shall then go to the next applicant
based upon the date and time of receipt of the completed application.
It shall be the applicant's obligation to notify the Borough Clerk
of any change of address. A nonrefundable police/public safety investigation
fee shall be paid prior to submission to the Chief of Police for fingerprinting
and investigation.
(4)
Upon compliance with all requirements specified herein, the Borough
Clerk shall issue a certificate in duplicate showing that the owner
of the taxicab or taxicabs has complied with the terms and conditions
of this chapter for each taxicab to be operated by the owner's license
holder. The certificate shall recite the name of the insurance company,
the number and date of expiration of the policy or bond, a description
of the taxicab insured thereunder and the registration number of the
same. Upon issuance of a certificate of compliance, Borough Council
shall consider the adoption of a resolution authorizing the issuance
of an owner's license. The duplicate certificate shall thereafter
be filed with the Motor Vehicle Commission before any such car is
licensed as a taxicab in the Borough of Buena. A certificate of compliance
duly filed in accordance herewith and accompanying Council resolution
is required for each taxicab being operated by the owner's license
holder.
(5)
Each applicant who has been approved for an owner's license as prescribed
herein shall be issued an owner's license which shall contain a photo
identification of the owner. Said license shall be displayed conspicuously
on the dashboard of the taxicab being operated in plain view of the
passenger in addition to the certificate of compliance. Said license
shall be presented at anytime upon the request of any police officer,
the Code Enforcement Officer, the Chief of Police, any authorized
Borough agent or any passenger. Every owner's license shall have affixed
thereto the Borough license number, date of issue and date of expiration.
Any new license issued hereunder shall be valid from its date
of issuance until December 31 of the same year. Thereafter, a renewal
license shall be valid for one year from January 1 to December 31.
The nonrefundable fees shall be as follows:
A.
New owner's license application fee: $100 for each taxicab per year.
B.
New owner's license public safety investigation fee: $200 per applicant.
C.
Renewal of owner's license and taxicab inspection fee: $50 per taxicab.
D.
Transfer of owner's license: $200.
E.
New operator's license: $100.
F.
Renewal of operator's license: $100.
G.
Replacement operator's or owner's license: $20.
H.
Fingerprinting per person per renewal: cost to be paid by applicant.
A.
No owner's license shall be issued until the owner of such taxicab
shall have filed with the Borough Clerk an insurance policy in accordance
with this chapter.
B.
An owner's license shall become effective and operation thereunder
shall be permitted only so long as the insurance policy shall remain
in force to the full and collectible amounts as aforesaid.
C.
If an owner's license holder operates more than one taxicab, he/she
shall file with the Borough Clerk an insurance policy of a company
duly licensed to transact business under the an insurance laws of
this state in the sum of $15,000/$30,000/$50,000 covering each taxicabs
operated by the owner's license holder, which shall provide for the
payment of any final judgment involved by any person on account of
the ownership, maintenance and use of any such taxicabs or any fault
with respect thereto, and shall be for the benefit of any person suffering
loss, damage or injury as aforesaid.
D.
Where a taxicab operator has a principal place of business other
than the Borough of Buena, said taxicab owner shall, prior to operating
in the Borough of Buena, file with the Borough Clerk the required
insurance policy as well as the certificate of compliance required
by N.J.S.A. 48:16-6.
E.
The insurance policy shall provide for the payment of any final judgment
recovered by any person on account of the ownership, maintenance or
use of the taxicab or any fault in respect thereto and shall be for
the benefit of every person suffering loss, damage or injury as aforesaid.
Pursuant to N.J.S.A. 48:16-5, every owner shall execute and
deliver to the Borough Clerk, concurrently with the filing of a policy
or bond aforesaid, a power of attorney, wherein and whereby the owner
shall appoint the Borough of Buena Chief Fiscal Officer his/her 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 or bond filed.
Every owner, before obtaining a license hereunder, shall have
and maintain in the Borough of Buena an office with telephone service
for the purpose of receiving telephone calls from prospective passengers
and from where said taxicab may be dispatched to provide taxicab service
to a prospective passenger. The owner's license shall be maintained
in said office, and said license shall be conspicuously displayed.
A.
No owner's license shall be issued until the Code Enforcement Officer:
(1)
Determines that such owner has adequately provided for the safety
of children under the age of five years who are taxicab passengers.
The owner shall provide a written policy and posted notice, at the
owner's base of operation and in each taxicab, conspicuous to operators,
stating that, prior to operating a taxicab, a child 18 months of age
or younger shall be a rear seat passenger secured in a state or federally
approved child passenger restraint system, and a child over the age
of 18 months but less than five years shall be a rear seat passenger
secured in either a state or federally approved child passenger restraint
system or secured in a lap belt or lap belt and shoulder harness.
Each owner shall keep and maintain a state or federally approved child
passenger restraint system in the passenger compartment or trunk of
the taxicab for use pursuant to this ordinance.
(2)
Directs a thorough inspection ensuring that each taxicab:
(a)
Is safe, clean and sanitary to transport passengers.
(b)
Is properly equipped with an approved child passenger restraint
system as described in Federal Motor Vehicle Safety Standard Number
213.
(c)
Carries, in such position viewable from the outside, an electric
sign not less than five inches by nine inches nor more than six inches
by 10 inches which shall be illuminated at night and shall plainly
show the work "Taxi" and the number of the owner's license in legible
letters and figures.
(d)
Has painted on each side thereof, in letters at least three
inches high, the word "taxi" or "cab" or the name of the operating
owner containing the word "taxi," "cab" or "taxicab."
(e)
Does not have any visual structural or mechanical deficiencies
for which a motor vehicle registration would be denied.
(f)
Complies with any and all other provisions of this chapter.
B.
If the inspection concludes that there is no violation of this section,
the Code Enforcement Officer shall issue a letter of approval.
C.
The Police Department shall also have inspection power under this
section to assist code enforcement.
D.
Each taxicab licensed in accordance herewith shall have affixed in
a conspicuous location within the taxicab so that any passenger may
read the same a sign or sticker indication: "If you have any complaints
regarding this taxicab or taxi operator, you may lodge your complaints
by filing a written notice with the Borough Clerk of the Borough of
Buena, 616 Central Avenue, Minotola, New Jersey 08341."
A.
The maximum number of owners' licenses issued hereunder shall be
three, and no new license shall be issued to exceed this number; provided,
however, that this limitation shall not prevent renewals or person-to-person
transfer of owners' licenses issued and outstanding.
B.
No owner's license shall be transferred from one owner to another
unless said prospective owner has complied with all of the terms and
conditions contained herein and required for the issuance of an owner's
license.
A.
Any taxicab owner's and/or operator's license may be renewed for
a succeeding license term to replace a license which expired or is
due to expire on the last day of the immediately preceding license
term; provided, however, that said license is for the same owner or
operator as the expired or expiring license, covers the same taxicab,
is issued to the holder of the expired or expiring license and is
issued pursuant to an application therefore which shall have been
filed with the Borough Clerk prior to the commencement of said new
license term or not later than 30 days after the commencement thereof.
Taxicab owner's and/or operator's licenses issued otherwise than aforesaid
shall be deemed new licenses.
B.
A change or residence by any owner or operator shall be reported
in writing to the Borough Clerk within 30 days after such change.
A.
Borough Council may designate by ordinance certain locations within
the Borough for use as taxi stands as it deems necessary for public
convenience.
B.
Only taxicabs licensed hereunder shall occupy any part of said taxi
stands.
C.
All taxi stands shall be used by operators on a first-come-first-served
basis. An operator entering a taxi stand in a taxicab shall join behind
any waiting taxicabs and advance forward as the preceding taxicabs
depart.
D.
Taxicab owners shall maintain the sanitary condition of taxi stands
and shall provide properly screened refuse storage areas for the use
of operators and customers on lands other than the Borough-owned miniparks
and adjacent drives and walkways. An owner's right to use taxi stands
shall be subject to revocation by Borough Council upon submission
of documented evidence of litter/trash ordinance violations.
A.
Any taxicab occupying a taxi stand shall be immediately available
for hire. Upon request, no owner or operator, unless previously engaged,
shall refuse or neglect to carry any orderly person anywhere within
the Borough. No owner or operator shall leave a vehicle unattended
or in any other manner render said vehicle unready for immediate use
while occupying any taxi stand.
B.
No owner or operator shall permit any person, other than a passenger
being transported for hire, in or about such taxicab when in service
as a taxicab.
C.
No operator shall cruise on streets of this Borough with any taxicab
at any time for the purpose of soliciting passengers or to bring the
presence of the taxicab to the attention of prospective passengers.
A taxicab being driven along the Borough streets for any purpose other
than transporting a passenger, going to a specified 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 said terminus
to the operator's home by the most direct route, shall be prima facie
evidence of cruising.
D.
No owner or operator shall induce any person to employ him by knowingly
misinforming or misleading any such person, either as to the time
or place of arrival or departure of any train or bus or as to the
location of any hotel, public or private place, nor shall any such
owner or operator deceive any person, make false representations to
him or convey any passenger to any other place or over any other route
than that indicated by the passenger.
E.
No owner or operator who has accepted an order to call at any point
in the Borough of Buena for the purpose of conveying any person to
any other point in said Borough or the surrounding community shall
neglect or unreasonably delay to execute the order. Any order delivered
to and accepted by a person in charge of the garage, office or home
of the operator shall be considered as having been delivered to and
accepted by the owner or operator.
F.
Transport of children.
(1)
Every taxicab operator hereunder who transports a child under the
age of five years shall be responsible for the protection of the child
by properly using a state or federally approved child passenger restraint
system.
(2)
No operator shall transport a child five years of age or younger
unless a child 18 months of age or younger is a rear seat passenger
secured in a state or federally approved child passenger restraint
system and a child over 18 months of age but less than five years
is a rear seat passenger secured in either a state or federally approved
child passenger restraint system or secured in a lap belt or lap belt
and shoulder harness.
G.
If for any safety reason an operator believes that a customer should
not be served, said operator shall not be required to provide service
to said customer.
An owner who discontinues taxicab service or fails, without
good cause, to operate and maintain the taxicab for more than 90 consecutive
days shall immediately surrender his taxicab license to the Borough
Clerk for cancellation. Failure to do so shall be sufficient cause
for suspension or revocation of said taxicab license.
A.
All taxicabs shall be equipped with taximeters fastened in front
of the passengers, visible to them at all times, day and night. After
sundown, the face of the taximeter shall be illuminated. Said taximeter
shall be operated mechanically by a mechanism of standard design and
construction, driven either from the transmission or from one of the
front wheels by a flexible and permanently attached driving mechanism.
They shall be sealed at all points and connections which, if manipulated,
would affect their correct reading. Each taximeter shall have thereon
a flag to denote when the vehicle is employed and when it is not employed,
and it shall be the duty of the operator to throw the flag of such
taximeter into a nonrecording position at the termination of each
trip. The Chief of Police or any Police Officer is authorized, either
on complaint of any person or without such complaint, to inspect any
taximeter and, upon discovering any inaccuracy therein, to notify
the taxicab operator to cease operation. Thereupon, said taxicab shall
be kept off the highways until the taximeter is repaired and in required
working condition.
B.
All taximeters required in accordance herewith shall have been properly
inspected and have affixed thereto proof of compliance with the State
of New Jersey, Department of Weights and Measures. No taxicab owner's
license shall issue nor shall any taxicab operate without the prior
compliance with this section.
No owner or operator of a taxicab or other vehicle for hire
shall charge a sum greater than the following fares for the use of
said vehicle:
A.
A minimum fee of $3 is established.
B.
Mileage rates: $1.60 shall be charged upon entering the taxicab,
also known as the "drop fare," and $2 for each additional meter mile.
Fractions of each mile shall be calculated at the rate of $0.20 per
1/10 of a mile.
C.
Plus $0.50 each article of luggage or baggage for each passenger.
D.
Waiting time at the rate of $0.40 for each minute.
E.
Ten cent per 1/10 mile for each additional passenger plus drop fare.
F.
Every taxicab operated hereunder shall have a rate card setting forth
the authorized rates of fare displayed in plain view of all passengers.
An operator shall, upon demand by a passenger, provide such
passenger a receipt for the amount charged, either by a mechanically
printed receipt or by a specially prepared receipt on which shall
be the name of the owner, license number or motor number, amount of
meter-reading charges and date of transaction.
A.
Borough Council reserves the right to make such rules and regulations
for the operation of taxicabs and the conduct of the operators thereof
as it may determine to be necessary and proper in the best interests
of the citizens of the Borough. Any violation of said rules and regulations
shall constitute a violation of this chapter, punishable as provided
hereunder.
B.
The Chief of Police may, with the approval of Borough Council, make
reasonable regulations consistent herewith for the conduct of owners
and operators hereunder.
[Amended at time of adoption of Code]
Any owner's or operator's license may be denied, revoked or
suspended at any time for cause for the violation of any provision
hereunder or any other Borough ordinance. The licensee may make a
written request for a hearing within 10 days from date of denial,
revocation or suspension. The hearing shall be held before the Chief
of Police. Such denial, suspension or revocation may be in addition
to or instead of penalties prescribed hereunder. A suspended or revoked
license shall not be reissued except for good and sufficient reasons
shown.
B.
Each violation of any of the provisions of this chapter and each
day the same is violated shall be deemed and taken to be a separate
and distinct offense.
C.
Unless another law is stated to the contrary, the Franklin Joint
Municipal Court shall have jurisdiction over the violations and penalties
set forth in this section.
[Amended at time of adoption of Code]
