[Adopted by Ord. No. 2001-09 (Sec. 4-19 of the 1974 Code)]
Ordinance No. 2001-02 establishing and regulating
taxicabs in the Borough of Bradley Beach is hereby repealed.
The Mayor and Council find that the needs of
Borough residents are being adequately served by the existing taxi
service from adjacent towns.
The Mayor and Council hereby prohibit the licensing
of taxicabs in the Borough, and it shall not be permitted for anyone
to operate a taxi business in the Borough. The Borough prohibits any
taxi licensed in any other municipality from cruising public streets
to solicit passengers. The Borough also prohibits taxi operators from
parking on streets in the Borough in an effort to attract patrons.
Nothing in this section, however, shall prohibit a taxi from entering
the Borough to pick up patrons in reply to a telephone call or a request
for taxi service in the Borough.
[Adopted 6-24-2008 by Ord. No. 2008-8]
As used in this article, the following terms
shall have the meanings indicated:
DRIVER
Any person who drives a pedicab within this Borough.
OPERATION OF A PEDICAB
Consists of transporting in such pedicab one or more persons
for hire. Being parked on the Borough of Bradley Beach streets or
accepting a passenger to be transported for hire from a point of departure
within the Borough shall be deemed to be operation of a pedicab within
the Borough. The operation of a pedicab 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.
OWNER
Any person, corporation or association in whose name title
to any pedicab or who appears in such records to be the conditional
vendee or lessee thereof, or the owner of any pedicab or any person
who appears to be the conditional vendee or lessee thereof.
PEDICAB
A bicycle-like vehicle that is designed to be propelled by
human power, has three or more wheels, and is designed to accommodate
passengers in addition to the driver, and is operated for hire.
PERSON
For purposes of ownership, operation or lease of a pedicab,
as an individual (or two or more individuals related by blood, adoption,
or familial ties), partnership, association, corporation and/or joint-stock
company, their lessees, trustees or receivers appointed by any court
whatsoever, or any entity in which an individual, corporation, or
partnership holds more than a fifty-one-percent interest.
No person shall operate any pedicab within the
Borough unless both the owner of the pedicab and driver thereof are
licensed pursuant to this article.
There are hereby established the following classes
of pedicab licenses in the Borough as follows:
A. Pedicab driver's license. This license shall entitle
the person named therein to operate within this Borough any pedicab
duly licensed hereunder.
B. Pedicab owner's license. This license shall entitle
the pedicab therein described to be operated in this Borough by a
driver duly licensed hereunder.