[HISTORY: Adopted by the Township Committee of the Township of Manalapan 4-24-1996
by Ord. No. 96-10. Amendments noted where applicable.]
As used in this chapter, the following words shall have the meanings
indicated:
A base of operation from which a taxicab is dispatched or which it
is stored or parked when not in use within the Township. It shall be presumed
that the base of operation is within the Township if one or more of the telephone
numbers the public is invited to call rings at a location within the Township.
The practice of driving about the roads or highways of the Township
with a taxicab so as to solicit passengers or to bring the presence of the
taxicab to the attention of prospective passengers. A taxicab driving along
the roads or highways of this Township for any purpose other than while transporting
a passenger, going to a definite destination by the most direct route in response
to a call for a taxicab by a prospective passenger or returning by the most
direct route to the taxicab's home terminus after discharging a passenger
or going to or from the terminus to the driver's home by the most direct
route shall be prima facie evidence of cruising.
Consists of transporting one or more persons for hire in a taxicab
which is based in the Township. Accepting a passenger to be transported for
hire from a point of departure within the Township to a destination within
or without the Township shall be considered operation of a taxicab within
the Township. The operation of a taxicab by one other than the owner shall
be deemed operation by the owner as well as by the person actually driving
the taxi. The transportation of any person other than the owner or driver
in any motor vehicle bearing a sign using the words"taxi," "taxicab," "cab"
or "hack" shall be prima facie evidence of operation.
Any person in whose name title to any taxicab is registered with
the New Jersey Division of Motor Vehicles or who appears in the Division's
records to be a conditional vendee or lessee or has any other proprietary
interest in a taxicab.
A motor vehicle used to transport passengers for hire which does
not operate over a fixed route and is not hired by the day or hour.
A.
No person shall operate a taxicab based in the Township
unless the owner of the taxicab is licensed under this chapter.
B.
The holder of a taxicab owner's license shall be
entitled to operate within the Township a taxicab based within the Township,
provided that the person driving the cab holds a valid New Jersey driver's
license.
C.
All taxicab owners not based in the Township may operate
within the Township provided there is compliance with N.J.S.A. 48:16-7 and,
further provided that the person driving the taxicab has a valid driver's
license.
A.
Application information.
(1)
Application for a taxicab owner's license shall
be made to the Township Clerk on forms provided by the Township. The forms
and the information required thereon shall be established by the Township
Committee by resolution.
(2)
Applications shall be verified by oath or affirmation.
Applications by a partnership shall give the information required for each
partner and shall be verified by all partners. Applications by a corporation
shall give the information required for and be verified by all officers and
directors and all persons holding more than 10% of the corporation's
common stock, as well as the corporation itself.
B.
Notice of hearing. The Township Clerk shall advise the
Township Committee of the filing of an application. The Township Clerk shall
set a date for a hearing on the application and shall notify the applicant.
The date set shall be within a reasonable time after the filing of the application.
C.
Investigation. The Chief of Police or a police officer
designated by him shall investigate the application if requested by the Township
Committee. A report containing the results of the investigation and evaluation,
a recommendation by the Chief of Police that the license be granted or denied
and the reasons for his recommendation shall be forwarded to the Township
Committee at least three days before the date set for the hearing. A copy
of the report shall also be sent to the applicant.
D.
Conduct of hearing. At the hearing any person who is
a resident or taxpayer of the Township may appear in person and make a brief
statement or submit a written statement in support of or opposition to the
granting of a license. In addition, the applicant and any other person who
will be affected by the granting or denial of the license other than as a
Township resident or taxpayer shall have the right to be represented by an
attorney, to testify himself or to present witnesses in support of his position,
to cross-examine opposing witnesses and, at his own expense, to have a stenographic
record made of the proceedings.
E.
Factors considered. In determining whether to grant or
deny the license, the Township Committee shall take into consideration the
following factors:
(1)
The character, business and financial responsibility
and experience of the applicant and the probability that, if granted a license,
the applicant will operate his taxicab in accordance with the provisions of
this chapter.
(2)
Any other factors directly related to the granting or
denial of the license which would substantially affect the public safety or
convenience.
F.
Issuance of license. The Township Committee shall, by
resolution, grant or deny the license. If the application is approved, the
Clerk shall issue the license upon forms established by the Township Committee
by resolution.
G.
License term; fees. A taxicab owner's license shall
expire one year from the date it was issued. The license fee shall be $25
per year for each taxicab owned by the applicant and shall be payable upon
the filing of the application for the issuance or renewal of the license.
H.
Renewals. A taxicab owners' license may be renewed
by the Township Committee without a hearing upon the licensee's filing
with the Township Clerk a sworn statement that there have been no changes
in the information contained in the initial application.
Each taxicab operated in the Township shall have a sign painted on each
rear door. The sign shall contain the owner's name and the word "taxicab"
or "taxi," in letters which shall not be less than four nor more than eight
inches in height.
A.
Rates of fare. The fare that may be charged by the driver
or owner of a taxicab for a trip wholly within the limits of the Township
shall not exceed the rates approved by the Township Committee by resolution.
The fare charged shall be apportioned among all of the passengers of the taxi
in proportion to the distance each has traveled. This shall apply to additional
passengers picked up while the taxicab is carrying passengers en route to
a destination. A schedule of the approved rates shall be displayed in the
taxicab in a manner so as to be easily read by all passengers.
B.
Receipts. The driver of a taxicab upon request shall
give the passenger a receipt for the amount charged. The receipt shall show
the name of the owner, the license number of the taxicab, the amount of the
fare and the date of the transaction.
C.
Refusal to pay fare. No person after hiring a taxicab
shall refuse to pay the legal fare, nor shall any person hire a taxicab with
the intent not to pay the legal fare.
D.
Disputes over fares. All disputes as to the rate of fare
shall, upon request of the driver or passenger, be determined by the police
officer in charge of the Township police station. Failure to comply with the
officer's determination shall be a violation of this chapter.
No taxicab shall be licensed until an insurance policy or certificate
in lieu thereof and power of attorney, executed, shall have been filed with
the Township Clerk as provided for taxicabs and autocabs pursuant to the provisions
of N.J.S.A. 48:16-1 to 48:16-22 inclusive,[1] together with any amendments or supplements adopted or hereafter
adopted relative thereto; except, however, that such insurance policy shall
be in an amount not less than $300,000 to satisfy all claims for damages by
reason of bodily injuries to or the death of any one person resulting from
an accident and a sum of not less than $500,000 to satisfy all claims for
damages by reason of the bodily injuries to or the death of all persons on
account of any such accident by reason of ownership, operation, maintenance
or use of such taxicab upon any public street and conditioned for the payment
of a sum of not less than $25,000 to satisfy any claim for damages to property
of any one person resulting from an accident and a sum of not less than $25,000
to satisfy all claims for damages to property of all persons on account of
any such accident by reason of ownership, operation, maintenance or use of
such taxicab upon any public street.
[1]
Editor's Note: See now N.J.S.A. 48:16-1 through 48:16-22.7.
The owner of each taxicab so licensed shall keep or require to be kept
a written record of each trip made by the taxicab showing the number of daily
trips, the date and the time when the trip begins and ends. Such records shall
not be destroyed for one year from the date of the trip and shall be kept
within the Township in readily accessible form and shall be accessible at
all reasonable hours for inspection by the Township Committee or by local,
state, federal or military law enforcement agencies.
No person shall cruise on the roads or highways of the Township of Manalapan
with any taxicab at any time for the purpose of soliciting passengers.
The Township Committee may establish, by resolution, rules and regulations
relating to the operating of taxicabs and the conduct of licensees. A copy
of the rules and regulations shall be furnished to each licensee.
In addition to the causes for revocation of a license set forth in Ch. 137, Licenses and Permits, any license issued under this chapter may be revoked or suspended, or any application for the issuance or renewal of a license denied, for any of the following reasons:
A.
Failure to render reasonable, prompt, safe and adequate
taxicab service.
B.
The existence of a judgment unsatisfied of record against
the licensee or applicant in any suit arising over the operation of a motor
vehicle.
C.
Permitting any taxicab owned or driven by the licensee
to become unsafe, unsanitary or dirty.
D.
Failure to comply with all applicable laws of the State
of New Jersey, the ordinances of the Township or the rules and regulations
adopted in accordance with this chapter.
E.
Permitting a driver to operate a taxicab as follows:
As used in this chapter, the following terms shall have the meanings
indicated:
Any automobile or motor car with a carrying capacity of not more
than nine passengers, not including the driver, used 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 or public highways
of the state, and which is hired by the charter or for a particular contract,
or by the day or hour or other fixed period, or to transport passengers to
a specified place or places, or which charges a fare or price agreed upon
in advance between the operator and the passenger. Nothing in this section
contained shall be construed to include taxicabs, hotel buses or buses employed
solely in transporting school children or teachers or autobuses which are
subject to the jurisdiction of the Board of Public Utilities, or interstate
autobuses required by federal or state law or rules of the Board of Public
Utilities to carry insurance against loss from liability imposed by law on
account of bodily injury or death.
The business of carrying passengers for hire by autocabs.
Any street, avenue, park, parkway, highway, or other public place.
Whenever a certification is requested to be issued pursuant to N.J.S.A.
48:16-13 et seq., an application shall be completed and submitted to the office
of the Township Clerk for the issuance of said certification together with
the following:
A.
Written evidence that the limousine shall not be stored
or parked overnight in any residential zone within the Township of Manalapan.
B.
A copy of a certificate of insurance indicating the statutory
minimum liability coverage.
C.
An executed power of attorney to the Chief Fiscal Officer
of the Township for purposes of acknowledging service of process from any
court of competent jurisdiction.
D.
The above certificate shall only be issued upon compliance
with the above requirements. The forms for the power of attorney and the application
shall be in accordance with the form issued by the Township Clerk.
Each applicant shall be charged the fee of $25 per limousine for a certification issued pursuant to § 211-12 of this chapter.
