As used in this article, the following terms
shall have the meanings indicated in N.J.S.A. 48:16-1, as amended
and supplemented: "autocab," "person" and "street."
The applicable provisions of N.J.S.A. 48:16-1
to 48:16-12, both inclusive, as amended and supplemented, shall be
complied with in the licensing and regulating of autocabs in this
article.
[Amended 7-1-1986 by Ord. No. 86-26; 3-19-1996 by Ord. No. 96-29]
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 Council. An applicant for an owner's
license shall be thoroughly investigated by the Chief of Police and
shall be fingerprinted and photographed. An applicant for an operator's
license shall be investigated for any criminal or motor vehicle violations
by the Chief of Police and shall be fingerprinted and photographed.
A complete report of said investigation shall be submitted to the
Township Council for its action thereon.
(1) If, as a result of such investigation by the Chief
of Police, the applicant's character or, in the case of an applicant
for an operator's license, the applicant's driving record is found
to be unsatisfactory, the Chief of Police shall endorse on such application
his disapproval and his 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 Council shall
instruct the Township Clerk to notify the applicant, by certified
mail, setting forth the reasons for denial. Within five days thereafter,
the applicant may file with the Township Council 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 investigative
report. Upon the filing of such a request, the Township Council 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 Council shall make its final decision whether to issue the
license or sustain the denial of said application.
[Amended 3-19-1996 by Ord. No. 96-29; 6-10-1997 by Ord. No. 97-42; 5-18-2004 by Ord. No. 2004-37]
License fees, to cover the administrative costs
associated with processing the application, are nonrefundable. The
annual license fee is $150, which shall be paid to the Clerk, who
shall deliver the same to the Treasurer. An additional twenty-five-dollar
fee will be charged for each additional vehicle owned and/or operated
by the licensee. If any additional vehicles are added to the fleet
subsequent to the initial license issuance, an additional twenty-five-dollar
fee will be assessed for the added vehicle. It shall be the responsibility
of the licensee to advise the Clerk of any vehicle added to the fleet
prior to operating said additional vehicle within the Township.
No license shall be issued by the Township Clerk
unless the applicant has filed an insurance policy with the Clerk
in accordance with the requirements of N.J.S.A. 48:16-3.
The owner of the autocab shall execute and deliver
to the Township Clerk a power of attorney, wherein and whereby the
owner shall appoint the Chief Financial Officer of the municipality
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
against the insured by virtue of the indemnity granted under the insurance
policy or bond filed pursuant to N.J.S.A. 48:16-3 and 48:16-4.
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 of 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 Council, after notice and hearing, for the violation of any of the provisions of this article or of the statutory provisions incorporated in §
191-2 hereof or for other good and sufficient cause. During said suspension and after revocation, the license shall be inoperative and of no effect, and the license shall be surrendered to the Township forthwith, along with the badge supplied by the Township pursuant to §
191-10 hereof.
[Amended 2-21-1989 by Ord. No. 89-22]
A. Any person violating or failing to comply with any
of the 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
violation 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.