[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades Park 7-8-1976 as Chapter XI of the Revised General Ordinances of 1975. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Licensed in accordance with the appropriate section of this chapter, unless otherwise stated.
- OPERATION OF TAXICAB
- Transporting in a taxicab one or more persons for hire along any of the streets of the borough. Accepting a passenger to be transported for hire within this borough or from a point within this borough to a point outside of the borough limits or discharging a passenger transported for hire from a point outside of the borough limits to a point within the borough limits shall be deemed to be operation of a taxicab within the meaning thereof. The operation of a taxicab in any of the above-described manners by one other than the owner shall be deemed operation by the owner thereof, as well as by the person actually driving the same. The transportation of any person other than the owner or driver in any motor vehicle bearing a sign therein or thereon using the words "taxi," "taxicab," "cab" or "hack" shall be prima facie evidence of operation.
- Includes any automobile or motor vehicle, commonly called a "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 and which particularly accepts and discharges such persons as may offer themselves for transportation from points or places to points or places within or without the borough.
No person shall engage in the business of operating taxicabs within this borough without first having secured a license pursuant to this chapter, and no person shall be the driver of any taxicab being operated within this borough without first having secured a license pursuant to this chapter.
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 this borough any taxicab duly licensed hereunder until the license either expires or is surrendered, suspended or revoked. The license shall not be transferable.
A taxicab owner's license shall entitle the person named therein to engage in the business of operating taxicabs in this borough by drivers duly licensed under this chapter until the taxicab owner's license either expires or is surrendered, suspended or revoked. The license shall not be transferable. The taxicabs to be operated by the licensee shall be described in the license and shall not exceed three in total number. The licensee may, during the license year, increase the total number of taxicabs to be operated or change or substitute taxicabs for those previously described in the license; however, he shall notify the Borough Clerk of any such increase, change or substitution and, if the total number is increased, shall pay any additional fee due.
Any licenses issued pursuant to the terms of this chapter shall expire at 12:00 midnight on June 30 following the date of issue, unless sooner surrendered, suspended or revoked.
The total number of taxicab owners' licenses that may be issued and outstanding at any one time is hereby fixed at two. Until the number of existing taxicab owners' licenses is reduced to less than two, no new taxicab owners' licenses shall be issued.
All applications for the issuance or renewal of any license of either class shall be made to the Mayor and Council on forms adopted by the Mayor and Council and obtained from the Borough Clerk and designed to elicit information respecting the identification, responsibility and law-abiding habits of the applicant.
The Borough Clerk is hereby authorized to issue a temporary taxicab driver's license pending the approval by the Mayor and Council of any application for a taxicab driver's license submitted in accordance with the provisions of this chapter, provided that the Chief of Police of the borough shall first certify to the Borough Clerk that, after due investigation, the applicant is not ineligible under the provisions of § 268-16.
Each applicant for a license of any class shall supply the information requested on the application in full and verify the correctness thereof by his oath or affirmation and thereafter file the completed application with the Borough Clerk, together with the full amount of the proper fee hereinafter fixed therefor.
Each applicant for a taxicab driver's license shall file with his application two photographs, each 3 1/2 inches in size, clearly depicting the facial features of the applicant, both of which photographs shall thereupon become the property of the borough and be retained with the application form unless the application shall be issued, in which event one of the photographs shall be permanently affixed to the license card in a space provided therein.
Each applicant for a taxicab driver's license shall be fingerprinted by the Police Department of the borough, which fingerprints shall thereupon become the property of the borough and be retained with the application form.
Each applicant for a taxicab owner's license shall have a regularly registered business office and shall therein have a telephone operating.
[Amended 5-10-1988 by Ord. No. 1071]
Every applicant for a taxicab owner's license shall submit the insurance policy required by N.J.S.A. 48:16-3 covering the taxicab to be licensed and shall execute and deliver to the Borough Clerk, concurrently with the filing of the policy aforesaid, a power of attorney, wherein and whereby the owner shall appoint the Borough Clerk his 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 in accordance with N.J.S.A. 48:16-3.
The Borough Clerk, upon the filing of the required insurance policy or bond, shall issue a certificate, in duplicate, showing that the owner of the taxicab has complied with the terms of the New Jersey Statutes Annotated aforementioned, which 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. The duplicate certificate shall be filed with the Division of Motor Vehicles before any car is licensed as a taxicab. The original certificate shall be posted in a conspicuous place within the taxicab.
[Amended 5-10-1988 by Ord. No. 1071]
The annual fee for each taxicab driver's license hereafter issued or renewed shall be $5. The annual fee for each taxicab owner's license issued or renewed shall be $125, plus $30 for each taxicab operated for each year or a portion of a year for which the license is issued or renewed, and all of such licenses shall be under the charge and control of the person applying therefor, and he shall be responsible for the operation of all taxicabs under such license. Whenever the total number of taxicabs operated by the licensee shall be increased during the license year, the licensee shall notify the Borough Clerk of such change and shall pay the additional fee.
The Mayor and Council may, in its discretion, refuse to issue or renew or may, after notice and hearing, revoke or suspend:
Any license of either class if the applicant or licensee:
Has been once convicted of a crime in this or any other jurisdiction or convicted of being a disorderly person or of a violation of Title 39, Motor Vehicles and Traffic Regulation, of the New Jersey Statutes Annotated.
Has been dishonorably discharged from the Armed Forces of the United States of America.
Has violated any provision of this chapter.
Has any judgment unsatisfied of record against him arising out of an automobile accident.
Is an alien citizen of any nation between whom and the United States of America a state of war exists.
Has made false answers in his application for such license or any renewal thereof.
Has failed or fails to render reasonably prompt, safe and adequate taxicab service.
Has not complied fully with all requirements of this chapter for such class of license.
Any taxicab driver's license if the licensee or applicant has in any degree contributed to any injury to a person or damage to property arising out of negligent operation of a motor vehicle or has any communicable or contagious disease.
Any taxicab owner's license if:
The motor vehicles licensed or to be licensed, by reason of unsafe or unsanitary conditions, are dangerous to the safety or health of the occupants or others.
The policy of insurance or bond or power of attorney required by N.J.S.A. 48:16-3, 48:16-4 and 48:16-5 has not been furnished or kept in force.
Said owner fails to comply with any terms or conditions imposed by the Mayor and Council or any law of this state.
Each applicant granted a taxicab driver's license shall be issued a license card in evidence thereof in a form approved by the Mayor and Council and signed by the Borough Clerk in its behalf. Such license card shall at all times be prominently 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, and the license card shall at all times be and remain the property of the borough and, on direction of the Mayor and Council, shall at once be surrendered to the Borough Clerk. No taxicab driver's license card, other than that of the licensee actually operating the taxicab at the time, shall be displayed therein.
The Mayor and Council shall, at the time the Mayor and Council acts on any application, pay the fees received therefor over to the Borough Treasurer.
No taxicab shall hereafter be operated in this borough unless and until there is prominently displayed in the interior thereof, within the full view and access of any passengers therein, a complete list of fares, charges or tariff rates charged for transportation of passengers, which fares, charges or tariff rates so displayed, and no other, shall be those to be charged to any passenger so transported.
Every person so licensed as aforesaid shall not refuse to carry local fares or passengers.
Owners and drivers of taxicabs licensed out of the jurisdiction of this borough may be allowed to enter this borough, but on specific call only, whether transporting a passenger within this borough (or from a point within this borough) to a point outside the borough limits or discharging a passenger transported from a point outside of the borough limits to a point within the borough limits. The name of the passenger so calling shall be given by the owner or driver when requested by the borough police or other lawful persons. Such taxicabs shall not be parked in this borough nor shall the drivers thereof cruise on the streets of this borough at any time for the purpose of soliciting passengers, nor shall they, in the nighttime or other periods of darkness, when in this borough, permit any advertising lights on the taxicabs to remain unlighted; provided, however, that the same or similar substantial reciprocal rights are granted to owners drivers of taxicabs licensed in this borough by the municipalities in which the aforesaid owners or drivers are licensed.
All vehicles herein required to be licensed, used or operated for the carrying of passengers within the scope of this chapter shall be automobile sedans with a minimum of three doors, and at least two of the doors shall be for the exclusive use of the passengers. The automobiles shall at all times be clean and in good repair and shall be subject to inspection by the Police Department or by the Mayor and Council.
Each and every taxicab operating in the borough shall have installed therein a taximeter or the equivalent thereof, of standard make, by which the fare or charge for hire of the taxicab is mechanically and accurately calculated and registered and on which taximeter the charge is plainly indicated. The taximeter is to be so placed in the taxicab that the charge thereof may be plainly seen by the passengers.
No person shall use or permit to be used upon any taxicab a taximeter which shall be in such a condition as to be over 5% incorrect to the prejudice of any passenger.
After sundown, the face of every taximeter shall be illuminated by a suitable light so arranged as to throw a continuous, steady light thereon while the taxicab is in operation and carrying a passenger, so that the meter will be clearly discernible and can be read by a passenger in the rear seat.
Every taxicab shall be equipped with a top light or dome light which shall be so connected with the taximeter that, while the taxicab is in operation and carrying a passenger, the top light or dome light shall be extinguished.
The taximeter shall be sealed, and a colored paster, different in color at each inspection, shall be placed on the taximeter after inspection.
No person shall use or permit to be used or drive for hire a taxicab equipped with a taximeter, the case of which is unsealed or the seal broken.
Any dispute as to the fare shall be determined by the officer in charge of the police station at the time of the dispute.
No person, other than the licensed driver of a passenger of the taxicab, shall ride or sit in the compartment of the taxicab reserved for the driver.
Every vehicle licensed hereunder shall have fastened in a conspicuous place therein a printed card showing the rates provided for in this chapter in letters and figures of not less than 1/2 inch in height.
Every vehicle licensed hereunder shall have posted on both front doors or both rear doors of the vehicle the rates provided for in this chapter in figures of not less than 2 1/2 inches in height and letters of not less than one inch in height.
[Amended 7-25-1978 by Ord. No. 890; 2-22-1979 by Ord. No. 898; 3-27-1980 by Ord. No. 916; 5-10-1988 by Ord. No. 1071]
The maximum rates which may be charged are as follows:
The charge for carrying passengers shall not exceed the rates herein provided.
Any fares charged in excess thereof shall constitute a violation of this chapter by the owner or operator, or both.
No taxicab or hack owner or driver shall permit any licensed taxicab or hack to be used for any illegal or immoral purposes.
Immediately after the termination of any hiring or use by the public of any taxicab or hack, the driver of the taxicab or hack shall carefully search the taxicab or hack for any property lost or left therein, and any such property, unless sooner claimed or delivered to the owner, shall be reported, in writing, by the driver or the owner of the taxicab or hack to the Police Department, with brief particulars and a description of the property, within 24 hours after the finding thereof.
Every licensed owner or driver shall record, in writing, the time and place when and where each passenger was accepted, as well as the time and place of the discharge of the passenger, which record shall remain intact for 90 days from the time thereof and which record shall be kept open at all times for inspection by a representative of the Police Department or the Mayor and Council.
Every licensed owner shall record, in a book kept solely for such purpose, the time of departure from the garage of every licensed vehicle, giving the name and address of the driver thereof, his license number and the license number of the vehicle, and the time of return to the garage of such vehicle, which book shall be kept open for inspection at all times by a representative of the Police Department or the Mayor and Council.
Every driver of a taxicab or hack shall, when requested, give a passenger a receipt for the fare paid.
While engaged in operating a taxicab or hack, the driver of the vehicle shall behave himself in an orderly manner and shall not use indecent, profane or insulting language while engaged in such operation.
At all times, the driver of a taxicab or a hack shall be clean-shaven and present a neat and orderly appearance.
Public taxi stands are hereby established at such places as may be designated by the Chief of Police with the approval of the Mayor and Council. The location and capacity of any such public taxi stand shall be indicated by a sign substantially as follows:
No vehicle other than one licensed hereunder and prepared to accept passengers upon request shall stand at any such public taxi stand.
The owner of each taxicab licensed under this chapter shall file with the Borough Clerk on February 1 and August 1 of each year a certification from the manufacturer of each meter that it has been inspected and that it is in proper working order.