As used in this chapter, the following terms
shall have the meanings indicated:
LIMOUSINE
Any vehicle which is owned or operated by a person having
its principal place of business within the Township of Lower and which
is 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 not to exceed 14 passengers, not including
the driver, provided that such 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.
OPERATOR
Any natural person who operates a taxicab or limousine and
includes both employees and subcontractors of an owner.
OPERATOR'S LICENSE
A license issued to each operator of a taxicab or limousine
licensed under this chapter.
OWNER
Any person in whose name title to any taxicab or limousine
is registered with the Division of Motor Vehicles in the Department
of Law and Public Safety of the State of New Jersey, or who appears
in such records to be the licensee thereof.
OWNER'S LICENSE
A license issued to any owner for each taxicab or limousine
licensed under this chapter.
PERSON
Includes any individual, association, corporation, limited-liability
company and any other entity.
STREET
Includes any street, avenue, park, parkway, highway or other
public place.
TAXICAB
Includes any automobile, van or motor car which is designed
to carry not more than six passengers, excluding the operator of the
vehicle, commonly called a "taxi" or "cab," engaged in the business
of carrying passengers for hire which is held out, announced or advertised
to accept or which accepts such persons as may offer themselves for
transportation from points or places within the Township to points
or places within or without the Township.
This chapter shall apply to:
A. All owners and/or operators of taxicabs having a principal
place of business within the Township or otherwise engaging in the
business of carrying passengers for hire by operating a vehicle which
is held out, announced or advertised to accept or which accepts such
persons as may offer themselves for transportation from points or
places within the Township to points or places within or without the
Township; and
B. All owners and/or operators of limousines having a
principal place of business within the Township of Lower.
Except as provided in §
591-8 of this chapter, no person shall operate a taxicab or limousine business in the Township of Lower without a license issued pursuant to this chapter. A separate owner's license shall be issued for each taxicab and limousine, and a separate operator's license shall be issued for each operator.
[Amended by Ord. No. 2002-31]
A. Application for a license under this chapter shall
be made to the Township Council on forms adopted by such Council,
which shall be made available to applicants by the Township Clerk.
The application shall elicit the following information:
(1) The name of the applicant (if the applicant is a corporation
or other business entity licensed by the State of New Jersey, the
application shall also designate a representative of such entity);
(2) The principal place of business of the applicant and
all other address(es) as listed in all local telephone directories;
(3) Proof of insurance as required by §
591-10 of this chapter;
(4) The make, model, and license plate number of the taxicab
or limousine for which the license is sought;
(5) The name, address and driver's license number of each
operator to be employed or otherwise hired by the applicant; and
(6) Any other information as required by the Township
Council and/or set forth in this chapter.
B. The applicant shall also provide a driver's abstract
issued by the New Jersey Division of Motor Vehicles and criminal background
check fingerprint cards for the applicant and, if the applicant is
not an individual, each individual owning more than 5% of the equity
of the applicant, as well as for each operator to be employed or otherwise
hired by the applicant at the time the application is submitted.
C. The applicant shall promptly notify the Township Clerk and provide additional drivers' abstracts and criminal background check fingerprint cards as and when other individuals acquire up to a five-percent equity interest in the applicant and/or additional operators are employed or hired during any license term. The additional operators shall be permitted to operate a taxicab or limousine for the applicant on a temporary basis (not to exceed 60 days) upon the submission of a completed application for an operator's license and satisfaction with all other requirements of this §
591-4.
D. All licenses issued pursuant to this chapter shall
expire at 11:59 p.m. on December 31 of each year. Licenses shall be
issued for a period of one year, excepting all licenses which become
effective on a date other than January 1, which shall expire on December
31 in accordance with this subsection. Licenses issued for a period
shorter than one year shall require payment of a full year's licensing
fee. Renewal applications shall be submitted on or before December
1 of the preceding year.
E. The provisions of this section shall apply to all
initial and renewal licenses, except that applicants for the renewal
of any license issued pursuant hereto shall be required to provide
criminal background check fingerprint cards every three years. All
applicants for renewal licenses shall still be required to provide
a driver's abstract issued by the New Jersey Division of Motor Vehicles
on a yearly basis with the renewal application.
[Amended by Ord. No. 2000-19]
The license fees are fixed for the purpose of
regulation and control and shall be paid annually, in the manner and
amounts set forth below, to the Township as an application fee and
for conducting or engaging in the business aforementioned.
A. The annual fee for a limousine owner's license and
any renewals thereof shall be $50 per vehicle. In the event that an
application for license is denied, the Township shall retain $50 as
a nonrefundable application fee.
B. The annual fee for a taxicab owner's license and any
renewals thereof shall be $250 per vehicle. In the event that an application
for license is denied, the Township shall retain $50 as a nonrefundable
application fee.
C. The annual fee for a each operator's license and any
renewals thereof shall be $30. In the event that an application for
license is denied, the Township shall retain $10 as a nonrefundable
application fee, and the balance shall be returned to the applicant.
D. The applicant shall submit a separate certified or bank cashier's check in the amount set forth by the Division of State Police - S.B.I. for each person requiring a criminal background check with the fingerprint cards required pursuant to §
591-4B or
C above.
E. If any license becomes lost or destroyed, a new license
shall be furnished by the Township Clerk upon payment of the sum of
$10.
F. Any owner may transfer an owner's license from a licensed
vehicle to any other vehicle which meets the requirements of this
chapter upon the payment of the sum of $25.
[Amended by Ord. No. 2000-8]
A. No limousine (or taxicab) owner's license shall be
issued until the owner of the limousine files with the Township Clerk
an insurance policy issued by a company duly licensed to transact
business under the insurance laws of this state, conditioned for the
payment of a sum of not less than $1,500,000 to satisfy all claims
for damages, by reason of bodily injury to, or the death of, all persons,
on account of any such accident, by reason of the ownership, operation,
maintenance, or use of such limousine (or taxicab) upon any public
street; and conditioned for the payment of a sum not less than $1,500,000
to satisfy any claim for damages to property of all persons, on account
of any such accident, by reason of the ownership, operation, maintenance,
or use of such limousine (or taxicab) upon any public street. Such
insurance policy shall include coverage for all operators to be employed
or otherwise hired by the applicant. The insurance policy shall be
updated upon the hiring of any additional operators during any license
term.
B. No taxicab owner's license shall be issued until the
owner of the taxicab files with the Township Clerk an insurance policy
issued by a company duly licensed to transact business under the insurance
laws of this state, conditioned for the payment of a sum of not less
than $300,000 to satisfy all claims for damages, by reason of bodily
injury to, or the death of, all persons, on account of any such accident,
by reason of the ownership, operation, maintenance, or use of such
taxicab upon any public street; and conditioned for the payment of
a sum not less than $300,000 to satisfy any claim for damages to property
of all persons, on account of any such accident, by reason of the
ownership, operation, maintenance, or use of such taxicab upon any
public street. Such insurance policy shall include coverage for all
operators to be employed or otherwise hired by the applicant. The
insurance policy shall be updated upon the hiring of any additional
operators during any license term.
C. 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 the taxicab or limousine or any fault in respect
thereto, and shall be for the benefit of every person suffering loss,
damage or injury as aforesaid.
D. Any license issued pursuant to this chapter shall
remain effective only so long as the insurance policy shall remain
in force to the full and collectible amounts as required by this chapter.
Failure to maintain insurance as provided herein shall constitute
grounds for immediate revocation of any license granted hereunder,
without notice or hearing.
[Amended 12-15-2008 by Ord. No. 2008-27]
All taxicabs shall be equipped with an accurate
taximeter or shall post a fee schedule encompassing flat rates that
apply to specific routes from one destination to another.
A. In the case of taxicabs using meters, all meters shall
be fastened to the taxicab in such a manner as to be visible to all
passengers at all times. Such taximeter shall display the rate at
which passengers are charged, as well as the total amount of the cab
fare as it accumulates. The Chief of Police is authorized to inspect
any taximeter with or without cause to determine its accuracy.
B. In the case of taxicabs providing flat rates based
upon specific trips from one destination to another, all flat rates
shall be posted on a fee schedule that can be easily observed by consumers
in both the backseat and the front passenger seat of the cab. The
flat fee schedule must be complete with respect to the applicable
flat rates that apply to each potential service route. The purpose
of the flat fee schedule is to notify any and all passengers of the
total amount of the flat fee prior to providing services. Accordingly,
the passenger’s desired transportation route must be listed
on the flat fee schedule. The Chief of Police is authorized to inspect
any taxi with or without cause to determine the existence of a flat
fee schedule, the availability of the flat fee schedule to be observed
by passengers, and cab owner compliance with all terms of this section.
Each motor vehicle licensed as a taxicab shall
have displayed on both sides thereof the words "taxi" or "cab" in
letters at least six inches high or the name of the operating owner
containing the words "taxi" or "cab" or "taxicab."
The owner of each vehicle licensed as a taxicab
or limousine shall keep a written record of each trip made by the
vehicle, showing the number of delivery trips made by that vehicle.
Such records shall not be destroyed for one year and shall be kept
within the Township and shall be presented upon the demand of the
Chief of Police or Township Clerk for his or her inspection.
This chapter shall not limit or otherwise restrict
the ability of taxicabs licensed by the City of Wildwood, City of
North Wildwood, Borough of Wildwood Crest or Borough of West Wildwood
to conduct business in the Diamond Beach or Shawcrest sections of
Lower Township.
Any person who shall own and/or operate a taxicab
or limousine without complying with the provisions of this chapter
shall be subject to the following fines, in addition to the revocation
of any license issued under this chapter:
A. First offense: a fine of not more than $500, but not
less than $50.
B. Subsequent offenses: a fine of not more than $1,000,
but not less than $100, imprisonment in the county jail for a period
not to exceed 90 days, or both.