No person shall operate a taxicab or vehicle for hire upon the
streets of this municipality without the permission of the owner of
said taxicab or vehicle, unless said taxicab or vehicle is licensed
as herein provided and unless and until said person shall have obtained
and be then in possession of a valid taxicab driver's permit
issued pursuant hereto and a valid driver's license issued by
the State of New Jersey in accordance with N.J.S.A. 39:3-10 and N.J.S.A.
39:3-10.1 as applicable.
Each applicant for a permit must conform to the following regulations:
A.
Be not less than 21 years of age and a resident of the State of New
Jersey.
B.
Present the certificate of a reputable physician showing that he
or she has been examined within 60 days and that he or she is of sound
physique, with good eyesight and not subject to epilepsy, vertigo,
heart trouble or any other infirmity of body or mind which might render
him or her unfit for the safe operation of a taxicab.
C.
Be able to read, write and understand the English language and be
a citizen of the United States.
D.
Has not been convicted of a misdemeanor, high misdemeanor, or an
indictable offense.
E.
Has not been convicted of a crime or offense involving moral turpitude,
a disorderly persons offense or one of such a nature as would furnish
a reasonable basis for a determination that the applicant would pose
a threat to the safety and general welfare of the public if granted
a permit.
F.
Has not received a dishonorable discharge from any branch of the Armed Services of the United States for a reason involving moral turpitude or other reason which would disqualify the applicant from receiving a permit in accordance with Subsection E above and is not a member of any subversive group or organization advocating the overthrow of the government of the United States or the State of New Jersey.
G.
Has had at least two years' driving experience as a licensed
driver in this or any other state.
H.
Has a good reputation for honesty and morality in the community in
which he or she resides.
A.
The applicant for said permit shall fill out, upon a form provided
by the Township, his or her full name, residence, places of residence
for the preceding five years, age, height, color of eyes and hair,
place of birth, last previous employment, whether married or single,
whether he or she has ever been convicted of a crime or violation
(and, if so, nature, date and penalty), which statement shall be signed
and filed with the Township Clerk as a permanent record. The applicant
shall also furnish four copies of a photograph taken within the preceding
30 days, size two inches by two inches, front view.
B.
Fingerprints; criminal background check.
(1)
Each applicant shall have his or her fingerprints taken by the municipal
Police Department, or may have a copy of his or her fingerprints previously
taken by another police department of the State of New Jersey forwarded
to the Police Department of this municipality. The Police Department
shall forward a copy of said fingerprints to the New Jersey State
Police or other governmental agencies for a report as to any criminal
or violation record of the applicant. Upon receipt thereof, such report
shall be forwarded forthwith to the Township Clerk. Any information
pertaining to the applicant in the records of the Police Department
at the time of the application or thereafter shall also be sent forthwith
to the Township Clerk. At the time of submission of the application,
the applicant shall furnish proof that he or she holds a valid New
Jersey driver's license to the Township Clerk, who shall so report
to the Administrator.
(2)
Fingerprints of an applicant shall not be required for consecutive
renewal applicants provided there has been no lapse in the applicant's
permit and further provided that the applicant is currently a Toms
River taxi driver in good standing. However, the Police Department
shall conduct a criminal background investigation and shall review
a current motor vehicle driver abstract of the applicant prior to
the renewal of the permit. The Police Department shall then recommend
to the Township Council whether the permit should be renewed. In addition,
the Township Clerk may issue a temporary permit to a person employed
by a currently licensed taxicab company for a period of 120 days upon
completion of a satisfactory preliminary criminal background check
to be conducted by the Township Police Department. Upon completion
of said preliminary criminal background check, the Chief of Police
shall advise the Township Clerk whether the temporary permit may be
issued. If the applicant requests a temporary permit, the applicant
shall pay the applicable permit fee in advance which shall be forfeited
in the event that the results of the criminal background check are
unsatisfactory.
Upon receipt of the completed application meeting all requirements
hereof, the Township Clerk shall forthwith request the Police Department
to obtain the driving record and verification of driver's license
for the applicant, and the Police Department shall proceed without
delay to apply to the appropriate state agency for said information
and shall, upon receipt thereof, transmit same forthwith to the Township
Clerk, who shall then refer the application, driver's record
and other required documents, including the results of the fingerprint
investigation, to the Township Council. Conviction of a crime or offense,
excluding petty disorderly offenses and/or traffic violations, shall
constitute presumptively a lack of fitness, and other factors to be
considered for rejection of a license shall include but not be limited
to prior experience of the applicant in the area of public transportation
or in other areas of public service, complaints received from the
public as to the quality of service rendered by the applicant, complaints
from the Police Department or other enforcement officials of the municipality
as to the lack of cooperation on the part of the applicant in furnishing
transportation or other services to the public or the furnishing of
false information on the application or in connection therewith.
The permit and photograph shall be displayed in plain view in
the interior of the taxicab at all times the taxicab is being operated
by said permittee.
All permits currently in effect at the time of the enactment
of this ordinance[1] shall expire on March 31, 2008. Thereafter, each permit
shall expire on the 31st day of March in the calendar year following
the year that the permit was first issued. A fee of $70 shall be paid
with each application for a permit, which fee shall not be refunded,
regardless of whether the permit is issued or denied. This permit
shall not be transferable. These fees are fixed and imposed for the
purpose of administration of this chapter.
[1]
Editor's Note: "This ordinance" refers to Ord. No. 4113-07.
