[HISTORY: Adopted by the Mayor and Council
of the Borough of Bradley Beach as indicated in article histories.
Amendments noted where applicable.]
[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taxicabs in the Borough of Bradley Beach is hereby repealed.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:
Any person who drives a pedicab within this Borough.
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.
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.
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.
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.
A.
Pedicab driver's licenses. The number of pedicab driver's
licenses under this article to be issued and outstanding in any one
year shall be unlimited.
C.
Total number of pedicabs. The total number of pedicabs
permitted to be licensed under this article, in any one year, shall
not exceed 20, all or part of which shall be available to any person
holding a pedicab owner's license.
A.
Driver's license. Any driver's license issued pursuant
to the terms of this article shall expire at 12:00 midnight on December
31 of the year in which it was issued, and shall not be transferable.
B.
Owner's license. Any owner's license issued pursuant to the terms of this article shall expire at 12:00 midnight on December 31 of the year in which it was issued, and may be transferable to a related business entity, such as in the case of a change in the form of a business entity or the purchaser or sale of all or part of a business entity, provided that the new owner complies with § 415-9 Applications for licenses, and § 415-10, Fees.
A.
Application form. Each applicant for the issuance
or renewal of a license of either an owner's or driver's license shall
supply in full the information required on application forms adopted
by the Borough Council and obtained from the Department of Code Enforcement
and shall verify the correctness thereof of his/her oath or affirmation.
He/she shall file the completed application with the Department of
Code Enforcement, together with the full amount of the proper fee
hereinafter fixed.
B.
Applications for pedicab owner's licenses.
(1)
Applications. Applications for new pedicab owner's
licenses shall be filed with the Department of Code Enforcement no
later than 30 days prior to the date action is requested on the license
application from the Borough Council. If the maximum number of pedicab
owner's licenses have been issued, no new licenses shall be approved
before an existing license is surrendered to the Department of Code
Enforcement.
(2)
Renewals. Applications for pedicab owner's license
renewals shall be filed with the Department of Code Enforcement no
sooner than November 1 and no later than December 1 of the year preceding
the year for which application is being made. All applications for
renewals shall be acted upon prior to any consideration being given
to new applications which shall be considered in the order of their
filing with the Department of Code Enforcement on a first-come-first-served
basis. Any application for renewal received after December 1 of any
year shall be treated as an application for a new license.
C.
Pedicab insurance requirements. Each applicant for
a pedicab owner's license shall, together with his/her application,
submit the insurance policy, or certificate in lieu thereof, in the
amount of $100,000 and the owner shall indemnify the Borough, its
officers, agents or employees, from any and all loss, costs, damages
and/or expenses suffered by any person or to any property arising
from the owner's negligence.
D.
Applications for pedicab driver's licenses. Applications
for pedicab driver's licenses may be made at any time but no one shall
drive or operate a pedicab in the Borough until a proper license for
each particular year has been issued.
A.
Display of license.
(1)
Display of driver's license. The license card issued to a pedicab driver upon granting of his/her license shall have affixed to it one of the two photographs required to be filed with the license application, as provided in § 415-9D. Such license card shall at all times be prominently displayed and adequately protected in the interior of any pedicab 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 pedicab. The license card shall at all times be and remain the property of the Borough and, on direction of the Borough Council, shall at once be surrendered to the Borough Clerk. No pedicab driver's license card other than that of the licensee actually operating the cab at the time shall be displayed therein.
(2)
Display of owner's license. A license card shall be
issued to a pedicab owner upon granting of his/her license. The pedicab
owner shall affix to each pedicab licensed to operate in the Borough
an identification badge, decal or other signage (identification) as
issued by the Borough and in such a manner as directed by the Borough.
The license card and identification shall at all times be and remain
the property of the Borough and on direction of the Borough Clerk
shall at once be surrendered to the Borough Clerk.
B.
Rate and tariff listing. No pedicab shall hereafter
be operated in the Borough unless and until there is prominently displayed
in the interior thereof, within the full view and access of any passengers,
a complete list of fares, charges or tariff rates charged for transportation
of passengers, which fares, charges of tariff rates so displayed,
and no other, shall be those to be charged any passenger.
C.
Pedicab lettering/signage. Every licensed pedicab
shall have the words "taxi" or "pedicab" or the name of the operating
owner containing the words "taxi," "cab" or "pedicab" prominently
displayed on the pedicab.
D.
Rates of fare. The rate of fare to be charged within
the Borough limits for one passenger for a trip from one place to
another within the Borough or for two or more passengers going to
the same destination from the same place of origin shall be set by
resolution.
E.
Use of horns and other audible devices. No operator
of any pedicab, whether licensed or not by the Borough of Bradley
Beach, shall use a horn, siren, whistle, bell or other device capable
of emitting audible sound in order to pick up customers, or hawk,
sell or otherwise advertise his/her services.
F.
Regulations for pedicabs.
(1)
Driver's requirements.
(a)
No person shall operate any pedicab upon the
street in the Borough unless that person has a valid pedicab driver's
license issued pursuant to this article.
(b)
No person shall operate any pedicab upon the
street in the Borough unless that person has a valid license to operate
a motor vehicle.
(c)
Pedicab operators must be 18 years of age or
older.
(2)
Number of passengers. The number of passengers, excluding
the driver, shall be limited at any one time to a maximum of three
passengers but in no event shall it exceed the designed capacity of
the pedicab.
(3)
Equipment. No person shall operate a pedicab in the
Borough of Bradley Beach unless it is equipped with the following
features:
(a)
Operational headlights and taillights. (To be
operated at all times the pedicab is operated on the roadways.)
(b)
Rear and side reflective devices.
(c)
An operational braking system.
(d)
Audible warning devices, such as a horn or a
bell.
(e)
Rearview mirrors.
(f)
Tires having tread depth sufficient to be designated
as operationally safe.
(g)
Painted a light color to ensure it is discernible
to other traffic.
(h)
A two-way radio or similar communication device.
(4)
Inspections.
(a)
The pedicab shall be inspected by the Police
Department prior to the issuance of a permit to operate within the
Borough of Bradley Beach. If the pedicab is determined to be unsafe
or not equipped properly, the owner shall be notified. No permit shall
be issued for a pedicab that is found to be unsafe.
(b)
If at any time, after the issuance of a permit,
a pedicab is determined to be unsafe it shall be taken out of service
until such a time that the Police Department has determined that it
has been repaired and is sufficiently safe to be returned to full
service.
(5)
Taxicab stands. Pedicabs may use the taxicab stands
established under this chapter, subject to the same conditions as
taxicabs.
(6)
Compliance with other laws. All pedicab drivers and
owners shall comply with Title 48, Public Utilities, Chapter 16, Taxicabs,
Autocabs, Limousines and Jitneys, of the Statutes of New Jersey, and
Title 39, Motor Vehicles and Traffic Regulation, of the Statutes of
New Jersey or similar law, rule or regulation.
A.
License of either class. Any license of either class,
being an owner's or driver's license, or renewal thereof may be denied,
revoked or suspended if any applicant or licensee:
(1)
Has any judgment unsatisfied of record against him
or her arising out of an automobile accident in any place, or arising
out of the operation of a pedicab in the Borough of Bradley Beach
or any other place.
(2)
Failed or fails to render reasonably prompt, safe
and adequate pedicab service.
(3)
Any other basis provided for in Title 48, Public Utilities,
Chapter 16, Taxicabs, Autocabs, Limousines and Jitneys, of the Statutes
of New Jersey or similar law, rule or regulation.
B.
Pedicab driver's license. Any pedicab driver's license may be denied, revoked or suspended, in addition to the causes listed in § 415-11 for any of the following reasons:
(1)
If the licensee or applicant has in any degree contributed
to any injury to person or damage to property, arising out of negligent
operation of a motor vehicle or a pedicab.
C.
Pedicab owner's license. An owner's license may be denied, revoked or suspended, in addition to the causes listed in § 415-11 and § 415-11F(3) and (4), for any of the following reasons:
(1)
If the motor vehicle or pedicab licensed or to be
licensed, by reason of unsafe or unsanitary conditions, is dangerous
to the safety or health of the occupants or others.
A.
Enforcement. The provisions of this article shall
be enforced by the Department of Code Enforcement and/or the Police
Department.
B.
Violations and penalties.
(1)
Except as otherwise provided herein, any person violating
any provisions of this article shall, upon conviction thereof, be
subject to a fine of $100, plus costs, however, should the complaint
be marked to require a court appearance, the court, upon conviction
thereof, shall impose a fine of at least $100, plus costs.
(2)
Any person violating the provisions of this article requiring an owner's or driver's license (§ 415-8) shall, upon conviction thereof, be subject to a fine of:
(a)
Three hundred dollars, plus costs, for a first
offense.
(b)
Six hundred dollars, plus costs, for a second
offense.
(c)
Third and subsequent offenses shall require
a court appearance and shall be subject to a fine of at least $1,200,
plus costs.
(d)
For the purposes of this section, a person who
has been convicted of a previous violation need not be charged as
a second, third or subsequent offender in the complaint made against
him in order to render him liable to the penalties imposed by this
section on a second, third or subsequent offender, but if the second
offense occurs more than two years after the previous offense, the
court shall treat the second conviction as a first offense for sentencing
purposes, and if a third offense occurs more than two years after
the second offense, the court shall treat the third conviction as
a second offense for sentencing purposes, and if an offense subsequent
to the third offense occurs more than two years after the third offense,
the court shall treat the offense subsequent to the third offense
as a third offense for sentencing purposes and so on for additional
subsequent offenses.
