As used in this article, the following terms
shall have the meanings indicated:
Any person who drives or operates a taxi which originates
fare-generating services within the Township.
As defined in P.L. 1999, c. 356, approved January 14, 2000,
but such may be subject to the mercantile rules and ordinances of
this Township. A limousine may not advertise, solicit or otherwise
seek to obtain business and fare-paying customers in the manner of
a taxi and, to the extent that a limousine may do so in a manner not
fitting the definition and meaning of P.L. 1999, c. 356 referenced
above, it shall be considered a taxi subject to the regulation of
this chapter. Limousines are intended to be charter-type or contract-type
service as defined and within the meaning of P.L. 1999, c. 356 referenced
above. Therefore, whenever a limousine owner or operator operates
in a manner of a taxi within the Township of Long Beach, that owner
or operator must comply with the terms and conditions of this chapter.
Transporting in such taxi one or more persons for hire along
any of the streets in the Township or accepting a passenger to be
transported for hire from a point of departure within the Township
to a destination within or outside the Township shall be considered
operation of a taxicab within the Township. The driving or operation
of a taxicab as above described by one other than the owner shall
be operation by the owner thereof, 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 the sign therein or thereon
using the words "Taxi," "Taxicab" or "Cab", shall be prima facia evidence
of operation of a taxi.
Any person in whose name title to any taxi is registered
within the New Jersey Division of Motor Vehicles or who appears in
the Division's records to be a conditional vendee or licensee or lessee
or has any other proprietary interest thereof.
Any individual, partnership, limited partnership, association,
corporation or joint-stock company, their lessees, trustees or receivers.
Includes any street, avenue, park, parkway, highway or other
public place, whether or not the same is improved.
Any autocab, automobile, motor car or motor vehicle, commonly
called "taxi," duly licensed by the Township of Long Beach engaged
in the business of carrying passengers for hire, which is held out,
announced or advertised to operate or run or which is operated to
run over any of the streets within the Township of Long Beach and
which accepts passengers for transportation from undesignated points
or places within or without the Township; provided, however, that
nothing herein contained shall include or make this chapter applicable
to limousines so long as they are operated within the Township exclusively
as limousines (within the definition and meaning of P.L. 1999, c.
356, approved January 14, 2000[1]) or other public conveyances, including autobuses, buses,
public liveries or jitneys, which are public conveyances that are
operated on designated routes and are by law exclusively subject to
state and/or federal regulation.
The Township of Long Beach, Ocean County, New Jersey, the
governing body of which is the Township Board of Commissioners.
[1]
Editor's Note: See N.J.S.A. 33:1-1.
A.
Authority. The authority to license and regulate taxicabs
as set forth in N.J.S.A. 40:52-1 and N.J.S.A. 48:16-1 through 48:16-12,
both inclusive, as amended and supplemented, shall be complied with
in the licensing and regulating of taxis in this article.
B.
Scope. This chapter shall apply to all businesses
commonly known as "taxis" which are located in the Township of Long
Beach.
A.
Taxi owner's license. The Township Board of Commissioners
is hereby authorized to issue licenses to owners of autocabs who are
of good moral character and who otherwise qualify according to the
provisions of this article. A taxi owner's license shall entitle the
individual licensed motor vehicle equipped as a taxi to pick up passengers
within the Township and to otherwise be lawfully operated anywhere
within the Township by a driver duly licensed hereunder and by the
New Jersey Division of Motor Vehicles, until either of said licenses
expire or is surrendered, suspended or revoked. The taxi owner's license
may not be transferred to a successor owner without the consent and
approval of the Board of Commissioners of the Township upon the application
of the proposed new owner of a complete application, together with
full compliance with the provisions of this chapter and favorable
action by the Board of Commissioners at a regularly scheduled meeting
at the discretion of the Board of Commissioners. A separate owner's
license is required for each vehicle. Only the actual owner of the
vehicle which is to be used as a taxi within the Township may be holder
of the taxi owner's license regarding said taxi. The Board of Commissioners
may limit the total number of taxi owner's licenses, as set forth
in this chapter.
(1)
All applications for taxi owner's license or renewal
thereof shall be filed with the Township Municipal Clerk, who shall
submit said applications when deemed by him/her to be complete and
until the completion of the investigation as required by this chapter
to the Township Board of Commissioners at the next regularly scheduled
meeting for action.
(2)
All applications for taxi owner's licenses and renewals
thereof shall be in writing, on the form established by, and as may
be amended from time to time by the Township Municipal Clerk, and
shall contain at least the full name and address, the date of birth
and social security number of the owner; the serial number, type,
color, year and make of the taxi; the state vehicle registration,
number of doors on said vehicle; and number of persons the vehicle
can carry as passengers. The application shall be accompanied by a
photostatic copy of the driver's license of the applicant and proof
of the existence of an insurance policy which shall provide liability
insurance in an amount of not less than $1,500,000 for each passenger.
The Township Municipal Clerk may include such other requested information
on the form as may, in his/her discretion, be required information
deemed by the Municipal Clerk as necessary for a complete and full
application.
(3)
An application for renewal of such license shall require
the same information and documents as an application for an initial
license, which information and documents shall be current for the
application licensing. All applications shall be filed with the Municipal
Clerk who shall, prior to submitting the application to the Township
Board of Commissioners for approval, receive proof that the applicant
is at least 18 years of age and a citizen of the United States.
(4)
If the applicant is a corporation, such corporation
must be organized and exist under the laws of the State of New Jersey
and must present proof thereof, or if organized and existing under
the laws of another state, must be officially authorized to do business
in the State of New Jersey, and the applicant must supply the name
and address of the New Jersey registered agent for said corporation.
(5)
All applications submitted to the Clerk shall be referred
by the Clerk to the Long Beach Township Police Department who shall
conduct an investigation of the applicant and ascertain that the applicant
has never been convicted of any crime or disorderly persons offense
involving moral turpitude, including but not limited to conviction
for possession and/or distribution of pornography, conviction for
possession and/or distribution of controlled dangerous substances
or conviction of any New Jersey statute prohibiting prostitution,
sexual offenses or physical violence against persons or property,
within the next 10 years preceding the date of the application. If
the applicant is a partnership or a corporation, then no partner nor
holder of 10% or more of the stock in the corporation shall have any
such conviction records. In addition, it may be grounds for denial
of a license should the applicant or partner or stockholder owning
more than 10% of the stock in the applicant corporation have previously
had a license to operate a taxicab or taxicab business revoked in
any jurisdiction.
B.
Operators' licenses. The Township Board of Commissioners
is hereby authorized to issue licenses to operate taxis to persons
who are capable and of good moral character and who otherwise qualify
according to the provisions of this chapter. Such license shall hereinafter
be referred to as an "operator's license." No person shall drive a
taxi for the purpose of accepting therein or discharging therefrom
any person without having first obtained a license to do so and the
following:
(1)
Each application for a taxi driver's license or renewal
thereof shall be on the form provided by the Township Municipal Clerk
as referenced above, and the applicant shall provide thereon at least
that same information required of the owner applicants as may be applicable
to individuals. An application for renewal of such license shall require
all of the same information and documents as an application for an
initial license, which information and documents shall be current
for the application's licensing period.
(2)
The applicant shall establish that he/she is at least
21 years of age and a citizen of the United States or lawfully a resident
of the United States.
(3)
Each applicant for a taxi driver's license shall also
submit a certificate from a licensed physician of the State of New
Jersey, at the applicant's expense, certifying that the applicant
has been examined within the preceding 30 days and that the applicant
has no infirmity of body or mind or visual impairment or deficiency
which could render the applicant unfit for the safe driving or operation
of a taxi; such physician's certificate shall be presented at the
time of the initial application and at the time of applications for
renewals thereafter.
(4)
Each applicant for a taxi driver's license shall also
submit his/her certification of any traffic violations over the preceding
five years, and the applicant shall also certify that he/she has sufficient
knowledge of the Township and state traffic regulations.
(5)
No applicant for a taxi owner's license or a taxi
driver's license or renewal thereof shall submit any documentation
on or with said application which is fraudulent, misleading or untrue,
nor shall any such applicant complete the application in a manner
which is fraudulent, misleading or untrue.
(6)
All applicants shall have a valid New Jersey license
with no suspensions or revocations of license in any jurisdiction
for the preceding two years.
(7)
All applicants shall state the name of the licensee
of the taxicab by whom or which he/she will be employed.
(8)
All applicants shall be able to speak, read and write
the English language.
(9)
At the time of the making of the initial application,
all applicants shall have his/her fingerprints taken and filed with
the Police Department of the Township of Long Beach.
A.
Neither an owner's nor an operator's license shall be granted to any person unless the application for such license has been submitted to the Township Board of Commissioners. An applicant for an owner's license shall be investigated by the Chief of Police and shall be fingerprinted and photographed. An applicant for an operator's license shall be investigated by the Chief of Police to determine that he or she meets the requirements herebefore established in § 184-3A(5) and shall be fingerprinted and photographed. A complete report of said investigation shall be submitted to the Township Board of Commissioners for its action thereon.
(1)
If, as a result of such investigation by the Chief
of Police, the applicant is found to be unsatisfactory, the Chief
of Police shall endorse on such application his disapproval and reasons
therefor.
(2)
If, as a result of such investigation, the applicant
is found to be satisfactory, the Chief of Police shall endorse his
approval.
B.
In the event of denial, the Township Board of Commissioners
shall instruct the Township Clerk to notify the applicant, by certified
mail, setting forth the reasons for denial. Within five days, the
applicant may file with the Township Board of Commissioners a written
request for a hearing on said application, together with written exceptions
to the findings of fact upon which the Chief of Police based his disapproval.
Upon the filing of such a request, the Township Board of Commissioners
shall fix the time and place for a hearing and shall notify the applicant
thereof, which hearing shall be held within 10 days after the request
is filed. Within 10 days after the conclusion of the hearing, the
Township Board of Commissioners shall make its final decision whether
to issue the license or sustain the denial of said application. The
decision shall be written and shall set forth the reasons for affirming
or reversing its prior action.
C.
Inspection of the vehicle.
A.
Owners' and operators' licenses shall be numbered
consecutively in their respective classifications and shall expire
on December 31 of the year of issue. Licenses not suspended or revoked
may be renewed annually, subject to all of the same conditions, provisions
and charges as required by the original license. Each license shall
contain the following:
B.
Each owner's license shall identify the vehicle for
which it is issued, giving the make, model, year and serial number
thereof. If more than one vehicle is licensed pursuant to a single
license, each vehicle subject to that license approval shall be so
described. The license for each vehicle shall be assigned by the Municipal
Clerk and shall be conspicuously displayed in the vehicle at all times.
C.
The Township Municipal Clerk shall keep a register
of all licenses granted, which register shall contain the details
required by this section.
D.
Renewal of the owners' and operators' licenses. Taxicab
owners' licenses may be renewed annually by the Board of Commissioners
after vehicle inspection by the Police Department of the Township
of Long Beach. Operators' licenses may be renewed annually by the
Board of Commissioners.
(1)
An application for renewal of an owner's or operator's license shall be made as provided in § 184-3A(3).
(2)
Time for filing. The renewal application for owners
or operators shall be filed on or before December 15 of the calendar
year preceding the requested renewal, which requirement may be waived
or the period extended by the Municipal Clerk for good cause shown.
A.
License fee. The annual fee for a taxicab business
license shall be $150. In addition thereto, a license fee of $50 per
owner application filed. In addition thereto, each owner must pay
the annual cost for NJSBI check made payable to the New Jersey State
Police and paid to the Long Beach Township Police Department with
fees paid to the Clerk upon submission of the respective application.
B.
Operator's license. For each operator's license application
or for each renewal thereof, the fee shall be $30 plus the annual
costs for NJSBI. The check for the NJSBI shall be made payable to
the New Jersey State Police and submitted with fees paid to the Clerk
at the time of the application or renewal.
A.
Each application for a taxi owner's license or the renewal thereof shall provide proof of insurance as provided for in § 184-3A(2). The proof of insurance shall name the Township as an additional insured with the provision that notice is to be given immediately to the Township in the event of cancellation of the policy for any reason. Cancellation of the policy shall cause immediate forfeiture and surrender of the license as provided in Subsection B below.
B.
The policy of insurance shall provide coverage for
every driver of each vehicle listed in the policy. A taxi owner's
license shall be deemed to have been suspended on receipt of a notice
of cancellation of the insurance policy and shall be deemed forfeited
and surrendered if sufficient proof is not supplied to the Municipal
Clerk that the cancellation notice is rescinded and/or that the policy
is renewed or replaced within 30 days after the cancellation notice
date.
C.
The issuance of the taxi owner's license by the Township
shall be deemed to constitute an agreement by and between the applicant
and the Township that the applicant agrees to indemnify and hold the
Township harmless from any and all claims from damages arising out
of personal injury and/or property damage made by third parties as
a result of or incidental to the issuance of said license and driving
or operation of a taxi.
No taxi owner's or driver's license shall be
issued until the applicant therefor shall have executed and delivered
a signed and dated agreement which holds the Township harmless, and
by which the applicant agrees to completely indemnify the Township
for all costs and expenses incurred for any claim arising out of the
applicant's ownership or operation of a taxi in the Township.
A.
The Township Municipal Clerk, upon approval of a license
by the Board of Commissioners, shall issue a certificate, in duplicate,
showing that the owner of the taxi has complied with the terms and
provisions of this article.
B.
This certificate shall recite the name and the insurance
company, the number and date of expiration of the policy or bond,
a description of the taxi insured thereunder and the registration
number of the same.
C.
The duplicate certificate shall be filed with the
Department of Motor Vehicles before any such car is licensed as a
taxi.
D.
The original certificate shall be posted in a conspicuous
place within the taxi.
A.
All licensees held hereunder shall abide by the following
regulations applicable to the license or licenses held:
(1)
Posting of license identification. When filing an
application and renewal application, each applicant must furnish three
recent passport-type photographs of the applicant being not less than
1 1/4 inches in height by one inch in length. Two photographs
are to be filed with each operator's license application and one is
to be posted in a conspicuous place on the inside of each taxicab,
together with the name and address of the owner and the name and address
of the driver, together with the license number of the vehicle and
number of the operator's license. The Township Municipal Clerk shall
issue the identification card.
(2)
Change of address; loss of records. Any change of
address of any person licensed by this article must be reported, in
writing, to the Municipal Clerk's office within 72 hours of such change.
The loss of the license badge or any other document required to be
kept by a licensed owner or operator must be reported to the Municipal
Clerk's office, in writing, within 72 hours of such loss.
(3)
Identification of taxicab. Each taxicab shall have
the trade name of the taxicab lettered on its exterior. Each taxicab
shall also conspicuously display on the right and left side of the
exterior of the taxicab the owner's number assigned by the Municipal
Clerk's office, in letters which are not less than four inches nor
more than eight inches in height.
(4)
Accidents; reporting and repair. Every owner of a
licensed taxicab which is involved in an automobile accident shall
provide the Police Department of the Township of Long Beach with a
copy of the accident report within five working days after the accident,
regardless of where the accident occurred. A taxicab which has sustained
damage to the vehicle such as dents or are in the need of painting
shall be repaired within eight weeks after the date of the accident.
The Police Department shall inform the taxicab owner of any and all
repairs which are necessary. Any owner who fails to comply with the
terms of this subsection shall be in violation of this chapter and
subject to suspension of the owner's license.
(5)
Age of vehicle. When a taxicab owner or operator first
becomes licensed in the Township, his/her taxicab or autocab shall
not be more than 84 months old.
(6)
Receipts. The operator of any taxicab or autocab shall,
upon demand by any passenger, render to such passenger a receipt for
the amount charged, on which shall contain the name of the owner of
the taxicab, the trade name if different, the name of the vehicle
operator, the date and the time of the transaction and the amount
of this fare.
(7)
Safety equipment. Vehicles for hire shall have at
least one child restraint seat available at all times.
B.
A badge shall be issued with each operator's license
pursuant to this article and shall bear the license number of the
driver and the word "operator" thereon. The badge must be conspicuously
displayed on the left breast of the driver's outer garment when he
is engaged in his employment. If any badge becomes lost or destroyed,
a new badge shall be furnished by the Municipal Clerk upon the payment
of the sum of $5.
C.
Sale or loan of badge prohibited. No person shall
sell, loan or otherwise dispose of any license issued under the provisions
of this chapter or of any badge delivered by the Municipal Clerk with
any license.
No owner or operator of any autocab, while waiting
for employment at any place other than the garage or residence of
the owner thereof, shall refuse conveyance to any person without just
cause.
No operator shall permit any person or persons
other than the person or persons first employing the autocab to occupy
or ride in said autocab unless the person or persons first employing
the autocab shall consent to the acceptance to such additional passenger
or passengers.
Each passenger shall be entitled to have carried
and conveyed upon any licensed autocab, without charge, his ordinary
traveling baggage, not exceeding, in any case, 25 pounds of baggage.
Every owner's or operator's license granted hereunder may be suspended or revoked by the Township Board of Commissioners, after notice and hearing, for the violation of any provision of this article or the statutory provisions incorporated in § 184-2 hereof or for other good and sufficient cause. During said suspension and after revocation, the license shall be surrendered to the Township forthwith, along with the badge supplied by the Township pursuant to § 184-10 hereof.
A.
Any person violating or failing to comply with any
other provisions of this article shall, upon conviction thereof, be
punishable by a fine of not more than $1,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than
90 days, or any combination of fine, imprisonment and community service
as determined by the Municipal Court Judge. The continuation of such
violations for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
B.
The violation of any provision of this article shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
