[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as Ch. IX of the 1987 Revised General Ordinances. Amendments
noted where applicable.]
[Amended by Ord. No. 2000-4]
As used in this chapter, the following terms shall have the
meaning indicated:
Includes 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 but excludes taxicabs,
hotel buses and school buses.
The practice of driving about the streets of the Borough
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 streets of this Borough 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.
Any person who drives a taxicab within this Borough.
Licensed in accordance with the appropriate section of this
chapter, unless otherwise stated in this chapter.
Includes the business of carrying passengers for hire by
autocabs.
Includes transporting in such taxicab one or more persons
for hire along any of the streets of the Borough. Accepting a passenger
to be transported for hire within this Borough or from a point within
this Borough to a point outside of the Borough limits or discharging
a passenger transported for hire from a point outside of the Borough
limits to a point within the Borough limits shall be deemed to be
"operation" of a taxicab within the meaning thereof. The operation
of a taxicab in any of the above described manner 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
sign therein or thereon using the words "taxi," taxicab," or "cab"
or "hack" shall be prima facie evidence of operation.
Any person, entity, corporation or association in whose name
or title to any taxicab is registered with the New Jersey Department
of Motor Vehicles, or who appears in such records to be the conditional
vendee or lessee thereof.
[Amended 3-11-2015 by Ord. No. 2015-02]
Includes any automobile or motor car, commonly called "taxi,"
engaged 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 within the Borough and which particularly
accepts and discharges such persons as may offer themselves for transportation
from points or places to points or places within or without the Borough.
A.
Required. No person shall operate any taxicab within this Borough
unless both the taxicab and the driver thereof are licensed pursuant
to this chapter and conform to all the provisions thereof.
B.
Two classes of licenses established. There are hereby established
two classes of taxicab licenses to be known as "taxicab driver's license"
and "taxicab owner's license," respectively.
C.
Taxicab driver's license. A "taxicab driver's license" shall entitle
the person named therein to operate within this Borough any taxicab
duly licensed hereunder until the license either expires or is surrendered,
suspended or revoked and shall not be transferable.
D.
Taxicab owner's license.
[Amended 3-11-2015 by Ord. No. 2015-02]
(1)
A "taxicab owner's license" shall entitle the taxicab therein described
to be operated in this Borough by a driver duly licensed hereunder
until the license either expires or is surrendered, suspended or revoked
and shall not be transferable, except as provided herein.
(2)
All such licenses shall be under the charge and control of the person
applying therefor, and he or she shall be responsible for the operation
of all cars so licensed. The person or entity that applies for the
taxicab owner's license must be the same person or entity that has
title to, or appears on any lease of the taxicab that is being licensed.
The license applicant must present proof of title, or of a valid lease,
for the vehicle to be licensed at the time of their application, or
when requested by the Borough at any time during the license period.
The owner of each such license shall fully disclose all individuals
or entities having any ownership interest in such license, whether
direct or indirect. Any false or misleading material statements as
to the ownership of any such license shall result in the revocation
of all licenses owned, directly or indirectly, by such person or entity
as well as imposition of the penalties provided for herein. Each separate
false or misleading misrepresentation of fact shall constitute a separate
offense.
(3)
No person or entity shall own, possess, control, or have any beneficial
interest in more than 15 owner's licenses. Persons or entities that
own, possess, or control more than 15 owner's licenses as of the effective
date of this chapter may retain all such licenses until such time
that they are not renewed, are surrendered, or otherwise lost in accordance
with this chapter.
(4)
Any beneficial interest, whether described, or denominated, as owner,
shareholder, partner, employee, or some similar term, in any license,
or in any corporate entity that owns a license, whether direct, or
indirect, shall constitute ownership for the purpose of determining
the number of owner's licenses owned by a person, or entity, under
this chapter. Any person or entity applying for, or renewing, an owner's
license shall submit to the Borough any and all corporate, financial
or other information requested by the Borough relevant to the determination
of the existence of a beneficial interest in a license as an ongoing
condition of licensure under this chapter. Failure to respond to any
such request may result in suspension, forfeiture, or denial, of all
licenses held by that person, or entity, and/or the penalties authorized
by this chapter.
(5)
Transferability.
(a)
Owner's licenses issued pursuant to this chapter may be sold,
assigned, or otherwise transferred, prior to their expiration, by
the designated person, or entity, to whom such licenses were issued;
provided, that such transfer takes place simultaneously with the sale
of the business in which all owner's licenses owned by the transferor
will be sold to the transferee, who will then become the new owner
of the business and all current licenses, in their entirety;
(b)
Parties wishing to transfer licenses under this chapter shall
provide the Borough with a fully executed contract of sale for the
applicable business and any other documents requested by the Borough.
Transferees shall submit to all background checks and other requirements
of this chapter for holders of owner's licenses;
(c)
Any licenses not transferred to the new owner of the business
shall immediately and automatically revert back to the Borough;
(d)
Any transfers under this chapter shall be subject to the transfer
fee and all other applicable fees required by this chapter.
E.
Expiration. Any licenses issued pursuant to the terms of this section
shall expire at 12:00 midnight of March 31 of the year following the
year in which it was issued unless sooner surrendered, suspended or
revoked.
[Amended by Ord. No. 1990-4]
F.
Number of licenses. The number of licenses known as "taxi owner's
license" shall not exceed 50. The licensed owner shall provide off-street
parking for the taxicabs licensed to them.
[Amended by Ord. No. 75-19; Ord. No. 18-76; 3-11-2015 by Ord. No.
2015-02]
G.
Application made to the Borough Clerk or Chief of Police. All applications for the issuance or renewal of any license of either class shall be made to the Borough Clerk and the Chief of Police, or their designees, on forms adopted by the Borough Council and obtained from the Borough Clerk and designed to elicit information respecting the identification, responsibility and law-abiding habits of the applicant. Any person aggrieved by Borough Clerk or the Chief of Police's denial, or revocation, of any license under this chapter may appeal to the Borough Council in accordance with the procedure set forth in § 633-2P below.
[Amended 3-11-2015 by Ord. No. 2015-02]
H.
Information required for application. Each applicant for a license
of any class shall supply the information requested on the application
in full and verify the correctness thereof by his oath or affirmation
and thereafter file the completed application with the Borough Clerk
together with the full amount for the proper fee hereinafter affixed
therefor.
I.
Photographs for application; temporary or provisional license.
[Amended by Ord. No. 275-71; Ord. No. 303-72; Ord. No. 75-19; 3-11-2015 by Ord. No.
2015-02]
(1)
Each applicant for a taxicab driver's license shall file with his
application two passport-sized photographs, clearly depicting the
facial features of the applicant, both of which photographs shall
thereupon become the property of the Borough and be retained with
the application form unless the application shall be issued, in which
event, one of such photographs shall be permanently affixed to the
license card in a space provided thereon.
(2)
No license shall be issued until such time as the information on
the application as to driving record and the fingerprints shall be
verified and the applicant qualifies.
J.
Fingerprinting of applicant for taxicab driver's license and renewals.
Every applicant for a taxicab driver's license shall at the time of
filing his application, be fingerprinted at such place and by such
agency as the Chief of Police shall direct, in accordance with all
current guidelines and policies issued by the Department of Law and
Public Safety, the New Jersey State Police, or any other relevant
agencies.
[Amended 3-11-2015 by Ord. No. 2015-02]
K.
Criminal history record background check. Each owner/driver of a
licensed taxicab must submit to the performance of a criminal history
record background check to be performed by or at the direction of
the Borough's Police Department. Any owner/driver shall be disqualified
from operating or driving a taxi if a criminal history record background
check reveals a record of conviction of any of the crimes set forth
in N.J.S.A. 45:16-3. Upon receipt of the results of any criminal background
check, the Chief of Police shall report to the Borough Clerk whether
any such applicant is qualified, or not qualified, in accordance with
the applicable laws and regulations governing the dissemination and
use of criminal background checks. All such applicants shall be responsible
for and/or reimburse the Borough for any costs it may actually incur
in performing any such record checks required by this section.
[1]
Editor's Note: This ordinance also repealed former Subsection
K, which concerned registered business offices for taxicab businesses.
L.
Insurance requirements.
[Amended by Ord. No. 18-76; 2-27-2006 by Ord. No. 2006-6]
(1)
Proof of insurance.
(a)
No taxicab shall be operated wholly or partly along any street
in the Borough until the owner of the vehicle shall have filed with
the Borough Clerk, proof of insurance from a company duly licensed
to transact business under the insurance laws of this state in the
sum of $100,000, combined single limit, against loss by reason of
the liability imposed by law upon the vehicle owner for damages on
account of bodily injury or death suffered by any persons and/or by
reason of such liability for damages on account of the injury to or
destruction of the property of any person as the result of an accident
occurring by reason of the ownership, maintenance or use of the vehicle
upon any public street.
(b)
Such operation shall be permitted only so long as the insurance
policy shall remain in force to the full and collectible amounts as
aforesaid.
(c)
The insurance policy shall provide for the payment of any final
judgment recovered by any person on account of the ownership, maintenance
and use of such vehicle or any fault in respect thereto, and shall
be for the benefit of every person suffering loss, damage or injury
as aforesaid.
(2)
If such owner operates more than one taxicab, he may file with the Clerk of the municipality, in lieu of the policy required by Subsection L(1) of this section, a bond or insurance policy of a company duly licensed to transact business under the insurance laws of this state, in the sum of $100,000, which shall be a blanket insurance policy or bond covering all vehicles operated by such owner, which shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and use of any such vehicles or any fault in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid. Where a taxi owner is self-insured, a certificate of the Secretary of State attesting to the amount of insurance coverage required by the Borough filed with the Borough Clerk will suffice to meet the insurance requirements.
M.
Certificate of compliance issued by Borough Clerk. The Borough Clerk,
upon filing of the required insurance policy or bond, shall issue
a certificate in duplicate showing that the owner of the taxicab has
complied with the terms of the Revised Statutes, aforesaid, which
certificate shall recite the name of the insurance company, the number
and date of expiration of the policy or bond, a description of the
taxicab insured thereunder and the registration number of the same.
The duplicate certificate shall be filed with the Department of Motor
Vehicles before any such car is licensed as a taxicab. The original
certificate shall be posted in a conspicuous place within the taxicab.
N.
License fees. The annual fee for each type of license hereinafter
issued, or any renewal thereof, for each year, or portion of any year,
for which the license is issued, or renewed, shall be as follows:
[Amended by Ord. No. 239-70; Ord. No. 355-74; Ord. No. 14-76; Ord. No. 1990-4; Ord. No. 2000-3; 3-11-2015 by Ord. No.
2015-02]
(1)
Taxicab
driver's license: $30.
(3)
Criminal
background checks. In addition to the fees set forth above, any applicant
for any license, or for the renewal of any license, shall reimburse
the Borough for any fees related to any required criminal background
check charged to the Borough by the New Jersey State Police, or any
other relevant state or federal agency, as those fees may exist from
time to time, at the time of such application or renewal.
(4)
Any taxicab owner's license hereinafter surrendered, revoked, created or otherwise made available to the general public shall be advertised for public bid by the Borough Clerk from time to time and as necessary. The minimum bid shall be $50, and such bid amount shall be a premium above the license fees set forth in Subsection N(2) above.
O.
Refusal to issue; revocation. In addition to any other lawful fines
or punishment that may be imposed, the Borough Clerk or the Chief
of Police may, in their discretion, refuse to issue or renew or may,
after notice and hearing, revoke and/or suspend any license granted
under this chapter in accordance with the following:
[Amended 3-11-2015 by Ord. No. 2015-02]
(1)
Any license of either class, if the applicant or licensee has been
once convicted of a crime in this or any other jurisdiction, or convicted
of a crime, reckless driving within the preceding two years, driving
while intoxicated, or under the influence of a controlled dangerous
substance within the preceding five years, or who violates any provisions
of this chapter, or has any judgment unsatisfied or record against
him arising out of an automobile accident, or who has made false answers
in his application for such license or any renewal thereof, or who
has failed or fails to render reasonably prompt, safe and adequate
taxicab service, or who has not complied fully with all requirements
of this chapter for such class of license.
(2)
Any taxicab driver's license if the licensee or applicant has in
any degree contributed to any injury to person or damage to property
arising out of negligent operation of a motor vehicle or has any communicable
or contagious disease.
(3)
Any taxicab owner's license if the motor vehicle licensed or to be
licensed, by reasons of unsafe or unsanitary conditions, is dangerous
to the safety or health of the occupants or others, or if the policy
of insurance or bond or power of attorney required by Sections 48:16-3,
48:16-4 and 48:16-5 of the Revised Statutes aforementioned has not
been furnished or kept in force or if the owners shall fail to comply
with any terms or conditions imposed by the Borough Council, or any
law of this state.
(4)
Except
in cases where there is a risk of substantial harm to the public,
no denial, revocation, or suspension of any license shall take effect
unless, or until, the licensee has had an opportunity for a hearing
before the governing body. In the event that the Clerk, or the Chief
of Police, determine that a license should be denied, revoked, or
suspended, the applicant or licensee shall be notified of their right
to a hearing before the governing body, which hearing shall be scheduled
within 30 days of such determination, unless waived by the applicant
or licensee. Where there is a reasonable basis to believe that the
public is placed at risk of substantial harm, the Borough Clerk and/or
the Chief of Police may impose a temporary suspension of such license
pending a hearing before the governing body, which shall be scheduled
as soon as possible, but no later than 21 days after such suspension.
P.
Display of taxicab driver's license card. Each applicant granted
a taxicab driver's license shall be issued a license card in evidence
thereof in a form approved by the Borough Council and signed by the
Borough Clerk in its behalf. Such license card shall at all times
be prominently displayed and adequately protected in the interior
of any taxicab operated by the licensee so that the face thereof shall
be at all times in full view of and plainly legible to any passenger
seated in the rear seat of such taxicab; the license card shall at
all times be and remain the property of the Borough and on direction
of the Borough Council shall at once be surrendered to the Borough
Clerk.
Q.
Prohibition. No taxicab driver's license card other than that of
the licensee actually operating the taxicab at the time shall be displayed
therein.
R.
Application fees paid to Borough Treasurer. The Borough Clerk shall
at the time the Borough Council acts on any application pay the fees
received therefor over to the Borough Treasurer.
[Amended by Ord. No. 275-71; Ord. No. 303-72; Ord. No. 9-79; Ord. No. 5-84; Ord. No. 8-84; Ord. No. 1990-4; Ord. No. 1993-1; Ord. No. 2000-36; 2-27-2006 by Ord. No. 2006-6; 2-27-2006 by Ord. No.
2006-16; 3-11-2015 by Ord. No. 2015-02; 11-22-2022 by Ord. No. 2022-23]
The fare that may be charged by the driver or owner of a taxicab
for a trip wholly within the limits of the Borough shall not exceed
the rates approved by the Borough Council by ordinance. A schedule
of the approved rates shall be displayed in the taxicab in a manner
so as to be easily read by all passengers. The rates to be charged
shall not exceed the following:
A.
For two passengers or less in the area of the Borough either east
of Maple Avenue or west of Maple Avenue, the taxi fare shall be: $6.
B.
Each additional passenger in excess of two shall be charged $1.
C.
Transportation within the Borough, beginning on either side of Maple
Avenue and crossing Maple Avenue in order to complete the trip: $7.
D.
Waiting time shall be charged at the hourly rate of: $28 per hour.
A.
Stopping restriction. No person shall park or place any taxicab on
any of the streets of this Borough at any time except at such place
or places as the Borough Council may designate as municipal taxi stands
unless operator is stopped while in service or stopped for the purpose
of obtaining food for himself.
[Amended by Ord. No. 275-71; Ord. No. 3-77]
B.
Prohibited solicitation of passengers. No person shall cruise the
streets of the Borough with any taxicab at any time for the purpose
of soliciting passengers.
C.
Parking at taxicab office terminal or designated location restricted.
No taxicab or other vehicle for hire shall be parked or stopped within
50 feet of a regularly operated taxicab office, terminal or location
licensed by the Borough of Red Bank except as the owner or lessee
of the taxicab office or terminus and his or her licensed drivers.
[Amended by Ord. No. 75-19; Ord. No. 12-76; 6-26-2006 by Ord. No. 2006-30]
D.
Refusal to carry certain passengers. Every person so licensed as
aforesaid shall not refuse to carry local fares or passengers unless
fare is unruly or intoxicated.
[Amended by Ord. No. 275-71]
E.
Regulations governing taxicabs licensed by other municipalities.
Owners and drivers of taxicabs licensed out of the jurisdiction of
this Borough may be allowed to enter their taxicab in this Borough,
but on specific call only, whether transporting a passenger within
this Borough or from a point within this Borough to a point outside
the Borough limits or discharging a passenger transported from a point
outside of the Borough limits to a point within the Borough limits,
and the name of the passenger so calling shall be given by the owner
or driver when requested by the Borough Police or other lawful persons.
Such taxicabs shall not be parked in this Borough, nor shall the drivers
thereof cruise on the streets of this Borough at any time for the
purpose of soliciting passengers, nor shall they, in the nighttime
or other periods of darkness, when in this Borough, permit any advertising
lights on the taxicab to remain lighted; provided, however, that the
same or similar substantial reciprocal rights are granted to owners
and drivers of taxicabs licensed in the municipalities in which the
aforesaid owners or drivers are licensed.
[Amended 3-11-2015 by Ord. No. 2015-02]
F.
Advertising taxicabs for hire restricted. Owners, operators, or drivers
of vehicles for hire, other than taxicabs commonly known as "OH" cars,
shall not display the words "taxicabs" or other sign thereon which
would tend to lead the public to believe the vehicle is a taxicab
as herein defined, and if a "For Hire" sign is or shall be used on
each such a vehicle, such sign or other device shall be displayed
only when such vehicle is actually engaged in transporting a passenger
for hire.
G.
Name of owner, operator and license number displayed in licensed
taxicabs. The name, trade name or corporate name of the owner and
operator of all taxicabs licensed within the Borough shall be prominently
displayed on the exterior of all taxicabs so licensed at all times.
All taxicabs shall display on the body of the vehicle their taxi license
number. This information shall be three inches in height and must
be located on the center rear quarter panel on the driver and passenger
side as well as the rear center line of the trunk. The taxicab shall
also display on each rear door a list of each municipality that has
issued a taxi license to that taxicab.
[Added by Ord. No. 296-72; amended by Ord. No.
1990-4; 3-11-2015 by Ord. No. 2015-02]
H.
Decal for licensed taxicabs displayed. A decal shall be provided
by the Borough for taxicabs licensed to do business in the Borough,
and the decal shall be prominently displayed on the rear window of
each licensed taxicab.
[Added by Ord. No. 75-19; amended 3-11-2015 by Ord. No. 2015-02]
I.
Solicitation of passengers prohibited. No taxicab driver or other
person shall solicit, attempt to solicit or otherwise seek to engage
a passenger of any public street and/or sidewalk in the Borough.
[Added by Ord. No. 75-19]
[Added by Ord. No. 1990-4]
A.
Initial inspection. Before any vehicle is used as a taxicab within
the Borough, it shall be inspected by the Chief of Police or a police
officer designated by him to ascertain that it is in a safe, clean
and sanitary condition and contains all safety devices required by
law.
B.
Reinspections. All taxicabs shall be reinspected annually, commencing
30 days prior to the deadline for renewal, but in no case any later
than seven days prior to such deadline. Any change of the vehicle
assigned to an owner's license shall also be subject to a reinspection
prior to such transfer. In addition, a police officer may inspect
a taxicab at any reasonable time to determine if it is clean, sanitary
and in a safe and properly operating condition.
[Amended by Ord. No. 2000-3; 3-11-2015 by Ord. No.
2015-02]
C.
Failure to pass inspection. Any taxicab which fails to pass inspection
shall be immediately taken out of service and shall not be operated
again within the Borough until the defects which led to its rejection
are corrected. In the case of minor defects which do not constitute
an immediate danger to the health or safety of the public, the taxicab
may continue to operate for a period of one week, at the end of which
time it shall be reinspected. If the defect has not by then been corrected,
the vehicle shall immediately be taken out of service and shall remain
out of service until the defect is corrected.
D.
Proof of state inspection. No vehicle covered by the terms of this
section shall be licensed until proof has been presented that the
vehicle has been inspected and approved as required under Title 39
of the Statutes of the State of New Jersey.
[Added by Ord. No. 1990-4; amended 3-11-2015 by Ord. No. 2015-02]
The owner of each taxicab shall keep or cause to be kept a written
daily record of each trip made by the taxicab showing the date, time
and place the cab was engaged, the place and time of the discharge
of the passenger, the number of passengers carried, the fare received,
distance traveled and the driver's license number of the person driving
the cab on the trip. The records shall be kept in a place that is
convenient for a proper authorized representative of the Borough to
inspect the same, and the owner shall give his cooperation in expediting
any inspection. Further, as a condition of each license issued under
this chapter, the licensee shall promptly produce such other records
demanded by the Borough that may be reasonably necessary for the investigation
or enforcement of any provision of this chapter, including but not
limited to the ownership and usage of any license granted hereunder.
Failure to respond to any such request for information shall constitute
grounds for suspension or revocation of a license, as well as the
monetary penalties authorized by this chapter.
[Added by Ord. No. 2000-4]
The following is the fee schedule for the certificates issued by the Borough Clerk pursuant to § 633-2M, Certificate of compliance issued by Borough Clerk, of this chapter. All fees shall be payable to the Borough of Red Bank through the Borough Clerk's Office.
A.
Taxicabs. The initial annual certificates issued by the Clerk to taxicabs shall be included in the annual licensing fee established in § 633-2N of this chapter. Any additional certificates thereafter requested shall be provided at a fee of $50 for each certificate issued for the balance of that year.
[Amended 3-11-2015 by Ord. No. 2015-02]
B.
Autocabs, limousine and livery services. The annual fee for each
certificate of compliance issued for an autocab, limousine and livery
service pursuant to N.J.S.A. 48:16-17 shall be $50 for each year or
portion of a year for which a certificate is issued.
[Amended 3-11-2015 by Ord. No. 2015-02]
