A.
AUTOCAB
CRUISING
DRIVER
LICENSED
LIMOUSINE
LIMOUSINE OR LIVERY SERVICE
OPERATION OF AN AUTOCAB
OWNER
PERSON
STREET
The following words and phrases and their derivatives, when used
in this chapter, shall have the meanings hereafter ascribed to them:
A "limousine."
The practice of driving about the Township streets within
an autocab so as to solicit passengers or to bring the presence of
the autocab to the attention of prospective passengers. An autocab
driving along the streets of the Township for any purpose other than
transporting a passenger, going to a definite destination by the most
direct route in response to a call for an autocab by a prospective
passenger or returning by the most direct route to the autocab's terminus
after discharging a passenger or going to or from the home terminus,
to the driver's home by the most direct route shall be prima facie
evidence of cruising.
Any person who drives an autocab within the Township.
Licensed in accordance with this chapter.
Includes 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. Nothing in this definition shall be construed
to include taxicabs, hotel buses, buses employed solely in transporting
school children or teachers, vehicles owned and operated directly
or indirectly by businesses engaged in the practice of mortuary science
when those vehicles are used exclusively for providing transportation
related to the provision of funeral services, autobuses which are
subject to the jurisdiction of the Department of Transportation or
interstate autobuses required by federal or state law or regulations
of the Department of Transportation to carry insurance against loss
from liability imposed by law on account of bodily injury or death.
Includes the business of carrying passengers for hire by
autocabs.
Consists of transporting in such autocab one or more persons
for hire along any of the Township streets. Accepting a passenger
to be transported for hire within the Township or from a point within
the Township to a point outside of the Township or discharging a passenger
transported for hire from a point outside the Township to a point
within the Township shall be deemed to be operation of an autocab
within the Township within the meaning thereof. The operation of an
autocab in any of the above-described methods 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 the sign
therein or thereon using the word "autocab" or "hack" shall be prima
facie evidence of operation.
Any person in whose name title to any autocab is registered
with the New Jersey Department of Motor Vehicles or who appears in
such records to be the conditional vendee or lessee thereof.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
Includes any street, avenue, park, parkway, highway, or other
public place.
B.
Nothing herein contained shall include or apply to an autobus/jitney
as defined in N.J.S.A. 48:16-23 et seq. or other vehicles operated
under municipal consent upon a route established wholly within the
Township or the public conveyances which are by law subject to state
or federal regulation exclusively.
A.
Autocab owner's license. An autocab owner's license shall entitle
the autocab therein described to be operated in the Township by a
driver until the license either expires or is surrendered, suspended,
or revoked. The license shall not be transferable.
B.
Expiration of licenses. Every license issued pursuant to this article
shall expire annually at midnight on December 31 unless sooner surrendered,
suspended or revoked.
C.
All autocab licenses issued hereunder shall recite the name of the
insurance company, the number and date of expiration of the policy,
a description of every limousine insured thereunder, and the registration
number of same. The license shall be issued in duplicate after payment
of the requisite fee and filing of the requisite application. The
duplicate license shall be filed with the Division of Motor Vehicles
before any such car is registered as a limousine. The original license
shall be retained within the limousine and shall be available for
inspection by any police officer within the state. In lieu of the
recital of insurance information required on the license, the applicant
may submit a notarized letter from the insurance company in accordance
with N.J.S.A. 48:16-17.
A.
Application information for owner's license. All applications for
autocab owner's licenses shall be in writing, in duplicate, and shall
contain the full name and address of the owner, the serial number,
types, color, age, and maker of the autocab, the number of persons
it is to carry, the names and addresses of two responsible property
owners of the Township as references, and the names, addresses, driver's
license numbers and Township autocab driver's license number for all
persons who will operate the autocab within the confines of the Township.
The applicant shall also state whether he/she has been convicted of
a crime or disorderly persons offense within the previous two years.
Every change of address of the owner shall be reported in writing
to the Township Clerk within three days after such change. Information
aforementioned relating to known persons who are to operate an autocab
of a licensed owner within the confines of the Township shall be reported,
in writing, to the Township Clerk within three days after the employment
of any additional autocab driver by the autocab owner. Applicants
for an owner's license shall be fingerprinted before the license is
issued. All fingerprinting and background check applications may be
conducted by MorphoTrak, Inc. If the applicant already has digital
fingerprints on file taken, only a background check shall be required
every three years. However, if the applicant has never been fingerprinted
he/she must do so through Morpho Trak, Inc., and must also have a
background check which shall be submitted at the time of the application.
All information which is required to be provided by an applicant with
respect to an application for an autocab owner's license shall also
be provided with respect to any individual who owns 10% or more of
the share or interest of any applicant that is a corporation, company,
partnership, firm or association.
B.
Issuance or denial of license. The Township Clerk or designated license
officer shall immediately, upon the filing of an application herein,
institute such investigation of the applicant's qualifications for
a license, including moral character, which shall be reasonably necessary
for the protection of the public welfare and shall submit said application
to the Township Council at the next succeeding meeting for action,
and any oral applications may be granted or refused by the vote of
the majority of the members present at such meeting or at such adjourned
meeting as may be necessary to consider said applications.
A.
No autocab shall be licensed until an insurance policy or certificate
in lieu thereof, and power of attorney executed, is filed with the
Township Clerk as provided for in accordance with the provisions of
N.J.S.A. 48:16-1 to 48:16-22.5 et seq., inclusive, except that such
insurance policy shall be written by an insurance company duly licensed
to transact business under the insurance laws of this state in the
sum of not less than $1,500,000 against loss by reason of the liability
imposed by law upon every limousine owner or driver for damages on
account of bodily injury or death suffered by any person as the result
of an accident, occurring by reason of the ownership, maintenance
or use of the limousine upon any public street.
B.
If such owner operates more than one autocab, he/she may file with
the Township Clerk, in lieu of the policy aforesaid, a bond or insurance
policy of a company duly licensed to transact business under the insurance
laws of this state, in the sum of $1,500,000 which shall be a blanket
insurance covering all cabs operated by such owner, which insurance
policy shall specifically provide that all passengers entering such
autocab for transportation shall be protected whether such passenger
is accepted for transportation from a fixed stand or other public
place, or from any other point or place whether fixed or otherwise,
and the insurance policy shall provide for the payment of any final
judgment recovered by any person on account of the ownership, maintenance
or use of such autocab, or any default in respect thereto, and shall
be for the benefit of every person suffering loss, damage or injury
as aforesaid.
The owner of the autocab shall execute and deliver to the Clerk
of the Township a power of attorney wherein and whereby the owner
shall appoint the Township Clerk as his true and lawful attorney for
the purpose of acknowledging service of any process out of a court
of competent jurisdiction to be served upon the licensee by virtue
of the indemnity granted under the insurance policy filed with the
Clerk.
The Township Council may, in its discretion, after notice and
hearing revoke or suspend:
A.
Any license of either class if the applicant or licensee, within
two years next preceding the filing of an application hereunder or
who, having obtained a license while the license is in effect hereunder,
has been convicted of a crime involving moral turpitude in this or
any other jurisdiction, or of being a disorderly person in this or
any other jurisdiction, or of reckless driving in this or any other
state, or that he/she has been convicted of an indictable offense
or that he/she has been convicted of a serious traffic violation as
defined under N.J.S.A. 39:3-10.1 including excessive speeding, reckless
driving, improper or erratic traffic lane changes, following a vehicle
too closely, or any violation arising in connection with a fatal accident,
of state or local law relating to motor vehicle traffic control, or
who has any judgment unsatisfied of record against him arising out
of an automobile accident, or who has failed to render reasonably
prompt, safe and adequate autocab service, or who has not complied
fully with all the requirements of this article for such class of
license or who has made any false statements or has provided any false,
erroneous or untrue information with respect to the application for
the license; or
B.
Any autocab owner's license if the motor vehicle licensed or to be
licensed, by reason of unsafe or unsanitary condition, is dangerous
to the safety and health of the occupants or others, or if the insurance
policy required herein or by any statute of New Jersey has once lapsed,
or such coverage is not maintained at all times; or
C.
Any license of either class for the violation of any rules, regulations,
special findings or conditions which are included within a resolution
adopted by the Township Council or a violation of any provision of
this article.
Each applicant granted an autocab owner's license shall be issued
a license card in evidence thereof in a form approved by the Township
Council and signed by the Township Clerk in its behalf. Such license
card shall, at all times, be carried by the driver while operating
an autocab. In addition, the owner of the autocab shall furnish a
card with the name of the driver which shall at all times be in the
autocab.
The operation of any autocab pursuant hereto shall be permitted
and shall be lawful only so long as the applicable liability insurance
policies prescribed by the State of New Jersey shall remain in full
force and collectible amount stated in the policies.
No person shall cruise on the Township streets with any autocab
for the purpose of soliciting passengers.
The Township Clerk shall, at the time a license is granted and
upon the receipt of the license fee, pay the same to the Township
Treasurer.
Any person, firm, or corporation violating any of the provisions of this article shall be, upon conviction thereof by any court of competent jurisdiction by law to hear and determine the matter, be subject to the violations penalty set forth in Chapter 1, Article II, General Penalty, as amended and supplemented, and in addition thereto, the license provided by this article shall be suspended, pending action by the Township Council with respect to suspension or revocation of said license in accordance with the terms of this article. It shall be the duty of the Municipal Court Judge to notify the Township Council of all convictions for violations of the terms of this article.
