Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
[Ord. 10-21-30, § 3; Ord. #1276, § 1, 12-9-1997, amended]
a. 
No person who is based in the Township, as that term is defined in Subsection 4-8.2 below, shall operate or drive a taxicab or cause any taxicab to be operated or driven in the Township without having first obtained a license, issued by the Township Clerk with the consent of the Township Committee, for every operator and every vehicle to be so operated.
b. 
No person who is not based in the Township shall operate or drive a taxicab or cause any taxicab to be operated or driven in the Township without first having obtained the license or certificate, if any, that is issued to or required of persons wishing to engage in such activities by the municipality in which such person is based, as that term is defined in Subsection 4-8.2 below.
c. 
This section shall not be construed to prohibit the operation of a taxicab within the Township solely for the purpose of bringing passengers from points outside the Township to destinations within the Township.
d. 
The obtaining of a license under this section shall not relieve the licensee of the obligation to comply with any applicable provisions of Chapter XXI, Land Development, of these Revised General Ordinances, including but not limited to Section 21-19.1, regarding parking or storage of commercial vehicles in a residential zone, and Section 21-10.4a1(g), regarding home offices (exempt) in residential zones.
[Ord. 8-20-68; Ord. #1276, § 1, 12-9-1997, amended; Ord. #1949, 4-24-2007, amended]
As used in this section:
BASED IN A MUNICIPALITY
A person who operates or drives for a taxicab or limousine business or causes such business to be operated is based in a municipality if the business:
A. 
Has its principal office or principal place of business in that municipality;
B. 
With respect only to a person who works for but does not operate a taxicab or limousine business, the business has a license or certificate from that municipality to operate a taxicab business.
LIMOUSINE
Shall mean and include any automobile or motor car used in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route and with a seating capacity in no event of more than 14 passengers, not including the driver, provided that such a vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle, not including the driver, at the time of manufacture. It shall not be construed to include taxis.
LIMOUSINE SERVICE
Shall mean and include the business of carrying passengers for hire by limousines.
TAXI
Shall mean any automobile or motor car engaged in the business of carrying passengers for hire which is held out, announced or advertised to operate or run, which is operated or run over any of the streets or public highways of this state, and particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within or without the state.
TAXICAB
Shall mean and include any motor vehicle used in the business of transporting persons for hire, from or to points within the Township, including taxicabs, limousines and other vehicles hired by call, charter or special contract, whether the fare or price is agreed upon in advance.
[Ord. 8-20-68]
Before the Township Committee shall issue any license for a taxicab, other than the renewal of an existing license, it shall be satisfied that public convenience and necessity so require.
[Ord. 8-20-68; Ord. #1276, § 1, 12-9-1997, amended]
Every application for a license shall be filed with the Township Clerk on a form to be furnished by the Township, and no application shall be considered unless the same is fully and completely filled out and is accompanied by the required fee. Every application shall include a statement, to be signed by the applicant, consenting to the Township's obtaining copies of the applicant's driving record and/or record of criminal and disorderly persons convictions and domestic violence proceedings from the official public agencies which maintain such records. The applicant shall be fingerprinted if the Chief of Police determines fingerprints are necessary for proper identification, which fingerprint record shall be immediately processed for classification and identification. Every applicant who is required to submit to fingerprinting under this subsection shall pay to the Township Clerk the administrative cost of taking and processing the applicant's fingerprints, which shall be in addition to the license fees specified by this section for taxi licenses. The provisions of this subsection shall supersede the provisions of Subsection 4-1.1 for the purposes of this section only. All other provisions of Section 4-1 shall apply with respect to applications and licenses under this section.
[Ord. 10-21-30, § 6; New; Ord. #1276, § 1, 12-9-1997, amended; Ord. #1949, 4-24-2007, amended]
a. 
An applicant for a taxicab license shall be the owner of the vehicle and shall be at least 18 years of age. In passing upon any application for a taxicab license, the Township Committee may consider any information which has relevance to the applicant's moral character, business reputation or ability to properly conduct a taxicab business in an honest and responsible manner or which may reflect upon the safety of the proposed vehicle for use as a taxicab. Approval of any application for a taxicab license shall not be given unless at least one proposed driver named in the application holds a current Township taxicab driver's license or is approved for such license at the same time the application for the taxicab license is ordered. Before a license is issued or renewed, the applicant must file with the Township Clerk an insurance policy and power of attorney, as required by N.J.S.A. 48:16-3 through 48:16-5 (taxis) or N.J.S.A. 48:16-14 and 48:16-16 (limousines), as amended from time to time.
b. 
An applicant for a taxicab driver's license shall be at least 18 years of age. In passing upon any application for a taxicab driver's license, the Township Committee may consider any information which has relevance to the applicant's moral character, judgment, business reputation or ability of the applicant to transport passengers for hire in a safe, honest and businesslike manner, including but not limited to records relating to the applicant's driving history, convictions for any moving violation and convictions for any crime or disorderly persons offense involving any matter which reflects upon such matters, and whether the applicant has been subject to a restraining order in any domestic violence matter.
[Ord. 10-21-30, § 5; New; Ord. #1276, § 1, 12-9-1997, amended]
Every applicant for a license under this section shall pay to the Township Clerk for the use of the Township annual license fees as follows:
a. 
For each licensed taxicab: $50.
b. 
For each taxicab driver other than the owner thereof: $25.
[Ord. 8-20-68; Ord. #1276, § 1, 12-9-1997, amended]
a. 
Every person when operating a taxicab shall have a valid taxicab driver's license or certificate and the name of the issuing municipality in his possession and shall exhibit the same upon request to any public officer, taxicab passenger or other duly authorized agent of the Township.
b. 
Any police officer of the Township may inspect any taxicab at any time.
c. 
Every licensed taxicab shall exhibit a card containing the name of the owner of the vehicle, the number of the owner's license and the rates of fare to be charged.
d. 
Every licensed operator shall, on demand, give to any passenger a receipt indicating the name of the owner, the driver's license number and the fare charged.
[Ord. 10-21-30, § 7; Ord. #1276, § 1, 12-9-1997, amended]
If at any time, in the opinion of the Township Committee, it becomes advisable, the Committee may adopt a schedule of rates which may be charged by the owners or drivers of taxicabs as in its judgment may seem fair and reasonable.
[Ord. #1949, 4-24-2007, added]
Where applicable, any person who owns a limousine service as defined in § 4-8.2 is required by the Township to comply with the provisions found within N.J.S.A. 48:16-22.1 (entitled "Limousine Licensing"), 48:16-22.2 (entitled "Examination of limousine by operator; check list"), 48:22.3a (entitled "Limousine service to require certain applicant information") and 48:22.3b (entitled "Limousine service to require drug testing of applicants"). Failure to do so may result in a denial or revocation of a license.