[Adopted 11-20-1985 by Ord. No. 80-1985[1]]
[1]
Editor's Note: This ordinance superseded former Art. I, Taxicabs,
adopted 1-29-1981 by Ord. No. 1-1981, as amended.
As used in this article, the following terms shall have the
meanings indicated:
An individual, partnership, limited-liability company or
corporation seeking a license for a taxicab. As of September 1, 2003,
no joint ventures are eligible to hold, own or lease a taxicab license.
[Amended 11-19-1986 by Ord. No. 79-1986; 7-24-2002 by Ord. No.
25-2002; 6-14-2006 by Ord. No. 43-2006; 9-20-2006 by Ord. No.
71-2006]
A group of owners which has:
Registered its name and business address with the Director;
Furnished the names and addresses of its officers;
Furnished a copy of its constitution or bylaws, or a signed
statement of its officers giving the aims and purposes of the association;
and
Furnished a copy of its emblem, if any.
A valid chauffeur's license of the State of New Jersey or
a valid license of similar class from another state of which the licensee
is a resident.
The Director of the Atlantic City Department of Licensing
and Inspections.
[Amended 7-24-2002 by Ord. No. 25-2002; 1-27-2010 by Ord. No.
3-2010]
A person licensed by the Director to drive a taxicab in the
City of Atlantic City.
[Amended 7-24-2002 by Ord. No. 25-2002]
An individual, partnership, limited-liability company or
corporation owning only one taxicab in the City of Atlantic City.
[Amended 11-19-1986 by Ord. No. 79-1986; 7-24-2002 by Ord. No.
25-2002; 6-14-2006 by Ord. No. 43-2006; 9-20-2006 by Ord. No.
71-2006]
A card issued by the Director to a lessee of a taxicab, setting
forth the name and address of the lessee, the period of the lease
and any other information prescribed by the Director.
An individual, partnership, limited-liability company or corporation which leases a taxicab license and/or licensed vehicle from a lessor for a period in excess of 30 days, but for a period no longer than one year, pursuant to § 233-11 of this article.
[Amended 11-19-1986 by Ord. No. 79-1986; 7-24-2002 by Ord. No.
25-2002; 6-14-2006 by Ord. No. 43-2006; 9-20-2006 by Ord. No.
71-2006]
An owner who leases his taxicab license and/or licensed vehicle
to a lessee.
[Amended 7-24-2002 by Ord. No. 25-2002; 10-23-2002 by Ord. No.
48-2002]
A taxicab authorized by the Director to accept passengers
for hire.
[Amended 7-24-2002 by Ord. No. 25-2002]
A bound volume or computer printout, with pages numbered
in sequence, containing an owner's daily record of the dispatch of
taxicabs.
The address designated by the owner for the mailing of all
notices and correspondences from the Director and for the service
of summonses. In the case of an individual, this shall be the individual's
home address. In the case of a partnership, it shall be the home address
of one of the partners. In the case of a limited liability company,
it shall be the home address of one of the members. In the case of
a corporation, it shall be an address of the secretary of the corporation.
However, an owner may also designate a post office box number address
as a mailing address.
[Amended 11-19-1986 by Ord. No. 79-1986; 7-24-2002 by Ord. No.
25-2002[1]; 6-14-2006 by Ord. No. 43-2006]
A place designated by a fleet or minifleet for maintaining
log books.
A card issued by the Director for each taxicab driver which
displays the driver's license number and such other data as the Director
may prescribe, placed in a location within the vehicle that is plainly
visible to the passengers.
[Added 7-24-2002 by Ord. No. 25-2002]
An individual, partnership, limited liability company or corporation licensed by the Director to own and operate a taxicab or taxicabs. Except for purposes of annual licensing obligations under § 233-2, as used in this article, the term "owner" includes an agent or employee of such owner having authority to act on behalf of the owner.
[Amended 11-19-1986 by Ord. No. 79-1986; 7-24-2002 by Ord. No.
25-2002; 6-14-2006 by Ord. No. 43-2006]
A card issued by the Director for each taxicab which displays
the taxicab license number and such other data as the Director may
prescribe, placed in a location within the vehicle that is plainly
visible to the passengers which authorizes the operation of a designated
vehicle as a taxicab in the City of Atlantic City.
[Added 7-24-2002 by Ord. No. 25-2002]
Any individual seated in a taxicab for travel for hire to
a given destination.
A person who has hailed or sought to hire a taxicab for the
purpose of being transported to a destination, or one who is awaiting
the arrival of a radio dispatched taxicab and who is not seated in
the taxicab.
An owner seeking a renewal of a valid taxicab license.
An individual, partnership, limited liability company or corporation which leases a taxicab license from a renter for a period not in excess of 30 days as provided in § 233-11 of this article.
[Amended 11-19-1986 by Ord. No. 79-1986; 7-24-2002 by Ord. No.
25-2002; 6-14-2006 by Ord. No. 43-2006]
An owner who leases his licensed vehicle to a renter.
Current resident of Atlantic City over 62 years of age.
Any vehicle approved by the Director for use as a replacement
vehicle.
A motor vehicle licensed by the Director to carry passengers
for hire, designed to carry a maximum of six passengers for full-size
cars, two in front and four in back; a maximum of five passengers
for mid-size cars, two in front and three in back; and a maximum of
four passengers for compact cars, one in front and three in back,
and authorized to accept hails from prospective passengers in the
street. Any other vehicles, i.e., vehicles that have jump seats or
limousine-style seating, are required to have a specific letter on
file with the Director from their insurance carrier stating how many
passengers they can carry. As used in these rules, the term taxicab
also includes the license issued by the Director to operate the motor
vehicle as a taxicab.
The authority granted by the Director to an individual to
drive a taxicab in the City of Atlantic City.
[Amended 7-24-2002 by Ord. No. 25-2002]
A corporate entity:
Organized for the ownership or operation of 10 or more taxicabs;
[Amended 7-24-2002 by Ord. No. 25-2002]
Which are dispatched from a single location serving as both
garage and office of record, which has been approved by the Director
as adequate for the storage, maintenance, repair and dispatch of the
fleet taxicabs; and
Which has a dispatcher on the premises at least 18 hours every
day, who is responsible for assigning drivers to fleet taxicabs.[2]
An individual, partnership, limited-liability company or
corporation licensed by the Director to own and/or operate two or
more taxicabs, provided that said corporation operates fewer than
10 taxicabs.
[Amended 11-19-1986 by Ord. No. 79-1986; 7-24-2002 by Ord. No.
25-2002; 6-14-2006 by Ord. No. 43-2006; 9-20-2006 by Ord. No.
71-2006]
An instrument or device approved by the Director by which
the charge to a passenger for hire of a licensed taxicab is automatically
calculated and on which such charge is plainly indicated.
[Amended 7-24-2002 by Ord. No. 25-2002]
A conveyance of an interest in a taxicab license or stock
in a corporation owning a taxicab license from one party to another.
[Amended 7-24-2002 by Ord. No. 25-2002]
A document, kept in a standby vehicle with standby owner's
license information when such standby vehicle is used as a replacement
vehicle, containing the standby vehicle number.
[Amended 7-24-2002 by Ord. No. 25-2002]
A document also known as a "trip sheet" carried by a driver,
setting forth the origin and destination of each trip, as well as
other information required by the Director.
A communications system used by an owner or association in
dispatching taxicabs or communicating with drivers of taxicabs.
[Amended 7-24-2002 by Ord. No. 25-2002]
A.
Applications for taxicab licenses.
(1)
An applicant for a taxicab license shall file an application jointly
with the transferor of the license.
(2)
An individual, the members of a partnership, the members of a limited-liability
company, or the officers of a corporation applying for a taxicab license
or its renewal must be:
[Amended 11-19-1986 by Ord. No. 79-1986; 7-24-2002 by Ord. No.
25-2002; 9-20-2006 by Ord. No. 71-2006]
(a)
At least 18 years of age;
(b)
Citizens who reside in or permanent residents of the United
States, with addresses for service of process in the State of New
Jersey; and
[Amended 4-8-1992 by Ord. No. 29-1992]
(c)
Of good moral character.
(d)
An applicant for a taxicab business and/or license shall affirm
that the taxicab business and/or license shall not be used and operated
for unlawful purposes and shall comply with applicable laws.
[Added 8-4-2010 by Ord. No. 56-2010]
(3)
The applicant must demonstrate to the satisfaction of the Director
that:
(a)
He is qualified to assume the duties and obligations of an owner
of a taxicab license.
[Amended 7-24-2002 by Ord. No. 25-2002]
(b)
He is the owner of a vehicle meeting all requirements of the
Director and all other governmental agencies having concurrent jurisdiction.
(c)
He has liability insurance coverage by bond or policy as required
by the City of Atlantic City, specifically coverage for Territory
19.
(d)
He has the certificate of title or photostat thereof and the
certificate of registration, both of which must be in the name of
the applicant unless title is retained by a lessor.
(e)
He has furnished to the Director all required information concerning
the financing of the purchase of the taxicab.
[Amended 7-24-2002 by Ord. No. 25-2002]
(4)
Filing.
(a)
If the owner is a partnership, it shall file with its license
application a certified copy of the partnership certificate from the
Clerk of the county where the principal place of business is located.
(b)
If the owner is a joint venture, it shall file with its license
application a copy of the joint venture agreement.
[Amended 11-19-1986 by Ord. No. 79-1986]
(5)
No corporate or trade name will be accepted by the Director which
is similar to a name already in use by another owner.
(6)
If the application is a corporation or a limited-liability company,
it shall file with its license application a certified copy of its
certificate of incorporation or certificate of formation. A list of
its officers and shareholders or members as the case may be and a
certified copy of the minutes of the meetings at which the current
officers were elected shall also be provided. No individual, partnership,
limited-liability company, corporation or any person having a ten-percent
or greater interest in another partnership, limited-liability company,
or corporation may own more than 25 taxicab licenses.
[Amended 11-19-1986 by Ord. No. 79-1986; 7-24-2002 by Ord. No.
25-2002; 9-20-2006 by Ord. No. 71-2006]
(7)
An applicant or renewal applicant shall not offer or give any gift
or gratuity to any employee, or representative of the Director, and
shall immediately report to the Director any request or demand for
any gift or gratuity, or any unlawful solicitation, by any employee
or representative of the Director.
(8)
If the Director determines that the applicant or renewal applicant
has failed to meet the requirements for a taxicab license he may deny
the license or its renewal and shall specify in writing to the applicant
or renewal applicant the reasons for such denial.
[Amended 7-24-2002 by Ord. No. 25-2002]
(9)
Any material falsification contained in an original or renewal application
for a taxicab license, any failure to notify the Director of any attempt
by an owner or applicant to conceal the identity of a party having
an interest in the ownership of a taxicab license or taxicab shall
be cause for denial of such application or revocation or suspension
of such license, in addition to any other sanctions imposed by the
Director.
[Amended 7-24-2002 by Ord. No. 25-2002]
(10)
If at any time during the term of the owner's taxicab license,
the Director becomes aware of information that the owner no longer
meets the requirements for a taxicab license, the Director either
may deny the owner's renewal application or suspend or revoke his
license.
[Amended 7-24-2002 by Ord. No. 25-2002]
(11)
Effective with the adoption of this article, no individual,
partnership, limited liability company, or corporation can own more
than 25 taxicab licenses. This provision is not construed to be retroactive.
[Amended 7-24-2002 by Ord. No. 25-2002]
(12)
No taxicab license shall be issued to or renewed for any taxicab fleet, taxicab mini fleet or independent taxicab owner unless and until proof shall have been given to the Director or his designee that such taxicab fleet, mini fleet or independent owner has adequately provided for the safety of children under the age of eight years or 80 pounds who are passengers in a taxicab operated by them. In the case of a taxicab fleet or mini fleet, such proof shall consist of a written policy and posted notice at the base of operation and in all fleet taxicabs, conspicuous to drivers, setting forth that prior to the operation of the taxicab children eight years of age or younger or less than 80 pounds who are passengers in a taxicab shall be placed in a federally approved child restraint seat. A taxicab fleet or mini fleet must at all times keep and maintain in fleet vehicles or at the base of operation a total number of federally approved car seats equal to 25% of the number of licensed taxicabs in its fleet, which shall at all times be available for use by drivers of fleet taxicabs. In the case of an independent owner, such proof shall consist of proof that the independent owner keeps and maintains a federally approved car seat in the passenger compartment or trunk of the licensed vehicle at all times for use in accordance with this Subsection A(12) and Subsection X.
[1]
Editor's Note: This ordinance also provided that holders of taxicab medallion licenses prior to the effective date of this Subsection A(12) and Subsection X shall have 30 days from the effective date to comply with those requirements before any penalty may be imposed for violations thereof. The license of any taxicab medallion owner or driver who has not complied with the requirements of this Subsection A(12) and Subsection X after the passage of said thirty-day grace period shall be subject to penalties provided in § 233-14.3 for such violations. The requirements of this Subsection A(12) shall be strictly applied to any applicant for licensure or renewal of a license after the effective dates of such subsection.
B.
Taxi stands.
(1)
The fixing or designating of taxicab stands at various points or
places in the municipality shall be by resolution or fixed by the
Chief of Police pursuant to N.J.S.A. 39:4-197, who may from time to
time promulgate rules and regulations for the same. Such rules and
regulations shall be filed with the Department and shall be available
for inspection by any interested persons. Any changes made in the
rules and regulations will not be effective for 30 days after their
promulgation.
[Amended 7-24-2002 by Ord. No. 25-2002]
(2)
The following locations are hereby designated subject to Subsection B(1) above:
[Amended 3-8-2006 by Ord. No. 15-2006; 9-20-2006 by Ord. No.
71-2006; 7-9-2008 by Ord. No. 52-2008; 2-22-2012 by Ord. No.
16-2012; 4-25-2012 by Ord. No. 38-2012; 10-18-2017 by Ord. No. 29-2017]
|
Location
|
Number of Cabs
| ||
|---|---|---|---|
|
Arctic Avenue, north side, between New York Avenue and Kentucky
Avenue
|
5
| ||
|
Arctic Avenue, south side, between New York Avenue and Kentucky
Avenue
|
6
| ||
|
Atlantic Avenue and South Carolina Avenue, northeast corner
|
1
| ||
|
Atlantic City Municipal Bus Terminal
|
12
| ||
|
Within Bader Field at Porter Avenue near its intersection with
Albany Avenue
|
4
| ||
|
Boston Avenue, southeast side, at Sovereign Avenue with entrance
at Sovereign Avenue (Golden Nugget)
|
16
| ||
|
Brighton Avenue and the Boardwalk, west side (permitted only
when taxicab driver is in taxi)
|
3
| ||
|
Off Columbia Place between Pacific Avenue and the Boardwalk
between Columbia Place and Mississippi Avenue
|
7
| ||
|
Convention Hall Tunnel
|
6
| ||
|
Delaware Avenue, east side, at the Boardwalk
| |||
|
Florida Avenue, west side, between Pacific Avenue and the Boardwalk
|
3
| ||
|
Georgia Avenue at Atlantic Avenue, northeast corner
|
1
| ||
|
Harrah's Marina entrance westward toward Absecon Bay
|
7
| ||
|
Indiana Avenue, east side, between Pop Lloyd Boulevard and the
front driveway of the Sands Casino Hotel
|
3
| ||
|
Off Iowa Avenue between Pacific Avenue and the Boardwalk, within
the Tropicana porte cochere in an area so designated by Tropicana
|
6
| ||
|
Iowa Avenue, east side, between Pacific Avenue and the Boardwalk
|
2
| ||
|
Kentucky Avenue at Atlantic Avenue, northeast corner
|
1
| ||
|
Kentucky Avenue, west side from Atlantic Avenue to Arctic Avenue
|
5
| ||
|
Maryland Avenue and the Boardwalk, west side of street
|
4
| ||
|
709 Mediterranean Avenue
|
4
| ||
|
Monticello Hotel (Kentucky Avenue)
|
1
| ||
|
New York Avenue at Atlantic Avenue, northeast corner
|
1
| ||
|
North Carolina Avenue, west side, at the Boardwalk
|
14
| ||
|
Pacific Avenue, south side, between Arkansas Avenue and Missouri
Avenue
|
3
| ||
|
Park Place at the Boardwalk, west side of street
|
2
| ||
|
Park Place, east side, between Pacific Avenue and the Boardwalk
|
5
| ||
|
Pennsylvania Avenue, east side, at the Boardwalk
|
3
| ||
|
Pop Lloyd Boulevard, north side, between Park Place and Ohio
Avenue
|
3
| ||
|
Renaissance Plaza
|
4
| ||
|
Resorts Casino North, east side of North Carolina Avenue
|
2
| ||
|
St. Charles Place, east side, at the Boardwalk
|
2
| ||
|
Tennessee Avenue and Pacific Avenue, southeast corner
|
1
| ||
|
Trump Castle Casino Hotel, rear entrance
|
7
| ||
|
World International Hotel
|
2
| ||
(3)
Taxi stands must be incorporated in the plans for all future casinos.
All such plans showing proposed taxi stand locations shall be forwarded
to the Chief of Police and Director of Mercantile for review, and,
once approved, all new stand locations shall be added to this City
Code provision by ordinance.
[Amended 9-20-2006 by Ord. No. 71-2006]
C.
Zones; mileage rates.
[Amended 8-19-1987 by Ord. No. 74-1987; 2-7-1990 by Ord. No.
8-1990; 12-19-1990 by Ord. No. 88-1990; 5-12-1999 by Ord. No.
19-1999; 6-19-2002 by Ord. No. 17-2002; 7-24-2002 by Ord. No.
26-2002; 7-13-2005 by Ord. No. 57-2005; 6-25-2008 by Ord. No.
48-2008; 4-19-2023 by Ord. No. 19-2023]
(1)
For the purposes of rates and fees, the maximum charge per trip,
for one to four passengers, for a single destination anywhere within
the City limits of the City of Atlantic City shall be $13.
(2)
Mileage rate: $3.80 for the first 1/10 of a mile or fraction thereof;
$0.40 for each additional 1/10 of a mile; $0.60 per minute of waiting
time while the cab is in service but not in motion with a maximum
charge of $36 per hour for waiting time.
(3)
There shall be a flat rate for a one-way trip to the Atlantic City
International Airport of $40 for one to four people.
(4)
After four passengers, there shall be an additional fee of $3 for
each person.
E.
No person shall drive a taxicab until he shall have made application
upon a form provided by the Department for a driver's license, and
to procure such license to drive a taxicab, the applicant must furnish
satisfactory evidence that he has received a State of New Jersey driver's
license, verified by the New Jersey Division of Motor Vehicles, and
every licensee under the terms of this article must conform to the
following regulations:
(1)
First-time applicants for any licensure must be fingerprinted. To
provide for a timely and efficient criminal history background review,
the City of Atlantic City will be utilizing the state-police-coordinated,
non-criminal-justice fingerprinting process known as "Live Scan."
The State of New Jersey has contracted with a vendor, Sagem Morpho,
Inc., to perform this service. The company has established permanent
sites throughout the State as well as several mobile units available
to meet its contractual agreement. Sagem Morpho charges a fee for
the fingerprinting for which the applicant will be responsible. There
will be an additional fee of $20, payable to the City of Atlantic
City, for the processing of the fingerprint documentation required
by Sagem Morpho.
[Amended 9-17-2008 by Ord. No. 83-2008]
(2)
The applicant must be a citizen who resides in or a permanent resident
of the United States, with an address for service of process in the
State of New Jersey.
[Amended 4-8-1992 by Ord. No. 29-1992]
(3)
The applicant must not be addicted to the use of narcotics or intoxicating
liquors so as to affect the proper operation of a taxicab.
(4)
The applicant must conduct himself in a decent and proper manner
in the operation of the taxicab.
(5)
The applicant must fill out, upon a blank form to be provided by
the Department, a truthful statement giving his full name, residence,
places of residence for the preceding five years, age, height, color
of eyes and hair, place of birth, length of continuous residence in
the State of New Jersey, citizenship, place of previous employment
for a period of five years, whether married or single, whether he
has ever been convicted of a violation of this article or any prior
ordinance relating to taxicabs, or of any crime or offense in any
jurisdiction, stating the nature of such crime or violation, whether
he has previously been licensed as a driver or chauffeur and, if so,
whether his license has ever been revoked and, if revoked, stating
the cause, which statement shall be signed and sworn to by the applicant
and filed in the Department as a permanent record.
(6)
First-time applicants must demonstrate a knowledge of the English
language, the pattern of streets in Atlantic City and the location
of public buildings. The Director or his designee is hereby authorized
and empowered to prepare a suitable written or oral examination for
the purpose of testing the applicant's knowledge of the above and
may promulgate rules and regulations necessary to perform said testing.
Rules and regulations promulgated by the director shall be kept on
file in the office of the City Clerk and shall be available for review
by any interested person. A fee of $15 shall be paid by each applicant
in advance of testing.
[Amended 10-12-1988 by Ord. No. 52-1988; 7-24-2002 by Ord. No.
25-2002]
(7)
The applicant for a taxicab driver's license must have a written,
notarized promise of employment attached to his application for a
license which recites the license the driver will be working under.
In the case of a corporate or fleet owner, they may list any one of
the licenses owned by the corporation or fleet.[3]
[3]
Editor's Note: Former Subsection E(8), regarding temporary
permits for first-time applicants, as amended, which immediately followed
this subsection, was repealed 7-24-2002 by Ord. No. 25-2002.
F.
There shall be delivered to each licensed driver an identification
card of such form and style as the Department may prescribe, with
his license number and the word "operator" clearly appearing thereon,
which shall be constantly and conspicuously displayed on the outside
of the driver's coat or shirt when he is engaged in his employment.
No vehicle shall be operated except by a duly licensed person who
is wearing such identification card, conspicuously displayed.
G.
A driver's operating license may be renewed from year to year by
appropriate endorsement thereon. A driver, when applying for a renewal
of his license, shall make such application upon a form to be furnished
by the Department, entitled "Application for Renewal of License,"
which shall be filled out with the full name and address of the applicant,
together with a statement of the date upon which original license
was granted and the number thereof.
H.
The taxicab driver's original operating license shall be $100 for
the first year and $50 annually thereafter. Subsequent to the issuance
of an original operating license, a license fee of $25 shall be charged
for each taxicab driver who receives a license after March 1 of the
licensing year.
[Amended 11-8-2002 by Ord. No. 45-2002]
I.
A taxicab driver's operating rental fee shall be $100 annually.
J.
There shall be kept in the Department a complete record of each operating
license issued to a driver and all renewals, suspensions and revocations
thereof, which record shall be kept on file by the Director with the
original application of the driver for a license.
K.
No owner or operator of any taxicab shall induce any person to use
said taxicab by knowingly misinforming or misleading any such person,
either as to the time or place of the arrival or departure of any
interstate vehicle or as to the location of any hotel, public place
or over any other route than that to which said passenger instructed
said driver to go.
L.
No taxicab owner or operator, or employee of either, shall divert
or attempt to divert any passenger from patronizing any hotel, or
other place or type of business of his or her choice, to any hotel
or place of business.
M.
No taxicab owner or operator, or employee of either, shall offer
or give money or other thing of value to any bellboy, porter, doorman
or other employee of any hotel, restaurant or other place of business
in consideration for the soliciting or obtaining of taxicab passengers
for the aforesaid taxicab owner, operator or agent or employee of
either without the approval of the Director. No bellboy, porter, doorman
or other employee of any hotel, restaurant or other place of business
shall either solicit or accept any money, gift or thing of value from
any taxicab owner or operator nor employee of either.
N.
All taxicab drivers shall dress in a manner approved by the Director
and be clean and neat.
O.
The driver of any taxicab shall, upon demand by the passenger, render
to such passenger a receipt for the amount charged, either by a mechanically
printed receipt or by a specially prepared receipt on which shall
be the name of the driver, license number or motor number, amount
of meter reading or charges and date of transaction.
P.
No taxicab driver shall permit any other person or persons to occupy
or ride in said taxicab other than the person or persons first employing
or engaging the taxicab.
Q.
No alcoholic beverage shall be carried in the passenger's or driver's
section of the taxicab except by the passenger. The passenger shall
not carry an open or unsealed can or bottle containing an alcoholic
beverage upon entry into the taxicab or while riding in the taxicab.
R.
Every operator of a taxicab, immediately after the discharge of a
passenger, must search such taxicab for any property lost or left
therein, and any such property found, unless sooner claimed or delivered
to the owner, must be reported in writing by the operator of the taxicab
to the Department with the particulars and description of the property
within 12 hours after the finding thereof.
S.
A driver shall not indicate by word, motion or gesture that he is
restricting his direction of travel or destination. The taxicab driver
shall not ask a passenger for a destination until the passenger is
seated.
T.
No taxicab shall be operated without first obtaining a license for
the same. Such license shall be effective from September 1 of each
year to August 31 of the following year and shall be subject to renewal.
The annual license fee for each taxicab shall be $150. A license fee
of $75 shall be charged for renewals received after March 1 of the
licensing year. All license fees shall be paid to the City of Atlantic
City. As part of the issuance or renewal process, each owner shall
annually:
[Amended 7-23-1986 by Ord. No. 39-1986; 7-24-2002 by Ord. No.
25-2002; 11-8-2002 by Ord. No. 45-2002; 6-14-2006 by Ord. No.
43-2006]
(1)
Submit a completed licensing/renewal application in a form approved
by the Director.
(2)
Submit a copy of the current registration certificate and insurance
card for the vehicle in which the license will be used.
(3)
If an individual, be photographed by the Director or his designee
for the purpose of preparation of an identification card to be executed
by and showing the identity of the actual owner of the license.
(4)
If a corporation, partnership or limited liability company, have
its corporate officer, partner or member, as applicable, be photographed
by the Director or his designee for the purpose of preparation of
an identification card to be executed by and showing the identity
of the actual owner of the license.
(5)
Submit the required fee.
U.
The Department shall maintain constant vigilance over all taxicabs
to see that they are kept in a condition of safety for the transportation
of passengers, and to this end said Department shall inspect all taxicabs
at least every four months or, on the complaint of any person, as
often as may be necessary. A report, in writing, of all inspections
shall be made promptly to the Director.
V.
The history of the taxicab industry in the Atlantic City area for
the past 50 years shows that much confusion has arisen with regard
to the nature of the franchise granted to the individuals licensed
to drive taxicabs. When this fact is taken into consideration with
the fact that the amount of casino gaming in the City of Atlantic
City has resulted in the need for improved taxicab service for the
benefit of visitors to the City, businesses operating within the City
and residents of the City, it is deemed desirable that the Director
have a forum whereby he or his representative can regularly meet with
the holders of taxicab licenses and/or their representatives to discuss
and meet the changing demand for taxicab service in the City of Atlantic
City. It is anticipated that such a forum will aid the Director in
coordinating and managing the taxicab industry in the City of Atlantic
City, and thereby the taxicab industry will better serve the needs
of the City.
[Amended 7-24-2002 by Ord. No. 25-2002]
W.
The maximum number of passengers for each trip in a taxicab shall
be six for full-size cars, two in front and four in back; five for
mid-size cars, two in front and three in back; and four for compact
cars, one in front and three in back. Any other vehicles, i.e., vehicles
that have jump seats or limousine-style seating, are required to have
a specific letter on file with the Department from their insurance
carrier stating how many passengers they can carry.
X.
Child passenger restraint systems.
(1)
Every person operating a taxicab who is transporting a child under
the age of eight years and weighing less than 80 pounds on roadways,
streets or highways of this state, shall secure the child in a child
passenger restraint system or booster seat as described in Federal
Motor Vehicle Safety Standard Number 213 in a rear seat.[5]
[5]
Editor's Note: Former Subsection Y, regarding use of a portable
telephone while operating a taxicab, added 7-24-2002 by Ord. No. 25-2002,
which subsection immediately followed this subsection, was repealed
10-6-2004 by Ord. No. 125-2004.
[4]
Editor's Note: This ordinance also provided that holders of taxicab medallion licenses prior to the effective date of Subsection A(12) and Subsection X shall have 30 days from the effective date to comply with those requirements before any penalty may be imposed for violations thereof. The license of any taxicab medallion owner or driver who has not complied with the requirements of Subsection A(12) and Subsection X after the passage of said thirty-day grace period shall be subject to penalties provided in § 233-14.3 for such violations.
[Amended 7-24-2002 by Ord. No. 25-2002]
A.
Ownership of a taxicab license may be acquired by the purchase, gift or bequest of the taxicab license. In either instance, the acquisition of the license is subject to the procedures and requirements set forth in § 233-2 of this article. When there is a transfer of any shares of a corporation, the corporation shall amend the list of shareholders filed with the Director pursuant to § 233-2A(6) of this article.
B.
No voluntary transfer or sale of a taxicab license may be made if
a tort judgment has been filed with the City of Atlantic City against
the holder of a license, which judgment arises out of the tortious
operation of a taxicab automobile and which judgment remains unsatisfied,
except that a transfer may be permitted if an appeal is pending from
an unsatisfied judgment and a bond is filed with the Director in an
amount sufficient to satisfy the judgment but not to exceed the fair
market value of the license or licenses being transferred. A transfer
may also be permitted without filing a bond, provided that all the
tort judgment creditors of unsatisfied judgments file written permission
for such a transfer with the Director or provided that the proceeds
of sale are paid into court or held in escrow on terms and conditions
approved by the Director.
C.
The above requirement shall not apply to a legatee or distributee
of a decedent's estate owning a taxicab license.
D.
An owner's interest in such a taxicab license may be transferred
involuntarily and disposed of by public or private sale in the same
manner as personal property. If the involuntary transfer is by reason
of a tort judgment against an involuntary transferor, no bond need
be provided with respect to the same judgment. The individual who
obtains the license by involuntary transfer must comply with the procedures
and requirements of this article before said individual may operate
the license.
E.
Where an interest in a license is acquired through a conditional
sales agreement, the following shall apply:
(1)
The parties shall provide the Director with a disclosure statement
indicating the terms of agreement;
(2)
The seller shall be liable for any fine or penalties imposed against
the taxicab license for violations occurring during the term of the
agreement unless they are paid by the buyer; and
(3)
The seller shall notify the Director in writing of any repossession
by the seller of the taxicab license within 72 hours; exclusive of
weekends and holidays.
F.
When an owner seeks to obtain a loan from a licensed lending institution,
which loan shall use the owner's license as collateral, the terms
of the loan shall be approved by the Director. The approval of the
Director shall recognize a lender foreclosure upon the taxicab license
should the owner default on the loan and shall acknowledge the lender
transfer of the license pursuant to the procedures and requirements
governing transfers made under this article.
[Amended 12-29-2003 by Ord. No. 75-2003]
A.
An owner shall not dispatch a taxicab for hire that is not currently
licensed by the Director and that does not have a current license
affixed therein.
[Amended 7-24-2002 by Ord. No. 25-2002]
B.
No individual who is not currently licensed shall advertise or hold
himself out as doing business as a taxi or hack service.
C.
An owner shall not knowingly dispatch a taxicab unless the driver
has a current taxicab operator's license and a current State of New
Jersey driver's license.
D.
An owner, while performing his duties and responsibilities as a taxicab
owner, shall not commit or attempt to commit, alone or in concert
with another, any act of fraud, misrepresentation or larceny or perform
any willful act of omission or commission which is against the best
interests of the public, although not specifically prescribed in this
article.
E.
An owner shall not knowingly use or permit any other person to use
his taxicab, garage or office of record for any unlawful purpose.
F.
An owner shall not knowingly conceal any evidence of crime connected
with his taxicab, garage or office of record.
G.
An owner shall report immediately to the police any attempt to use
his taxicab to commit a crime or escape from the scene of a crime.
H.
An owner shall comply with the marking specifications for taxicabs set forth in § 233-14 of this article and all pertinent provisions of other laws, rules or regulations governing taxicab owners.
I.
The owner or his agent shall inspect the interior of the taxicab
immediately after termination of each work shift.
J.
An owner shall not dispatch a taxicab from a public street or other
public area if such dispatch will prevent the flow of pedestrians
and/or vehicle traffic or cause inconvenience or annoyance to the
public.
A.
An owner shall cooperate with all law enforcement officers and authorized
representatives of the Director and shall comply with all their reasonable
requests, including but not limited to giving, upon request, his name
and medallion number and exhibiting his taxicab license, trip records,
log books and other documents required to be maintained by an owner.
[Amended 7-24-2002 by Ord. No. 25-2002]
B.
An owner and/or operator shall promptly answer and comply as directed
with all questions, communications, directives and summonses from
the Director or his representative.
C.
An owner shall not require a driver to operate one or more taxicabs
for more than 12 consecutive hours.
D.
An owner shall affix to the lower rear bumper of the taxicab, so
as to be plainly visible, a current Atlantic City taxicab inspection
sticker.
[Amended 7-24-2002 by Ord. No. 25-2002]
E.
An owner and/or operator shall not offer or give any gift or gratuity
to any employee or representative of the Director, any public servant
or any dispatcher employed at a public transportation facility.
F.
An owner and/or operator shall immediately report to the Director
any request or demand for a gift or gratuity by any employee or representative
of the Director, any public servant or any dispatcher employed at
a public transportation facility.
G.
An owner and/or operator, when the taxicab is in his possession,
shall remove all currency from the taxicab's interior prior to its
inspection by any City personnel.
H.
An owner shall not use or permit another person to use his taxicab
to participate in any procession or parade, other than a funeral procession,
for which a permit has not been issued by the Mayor of the City of
Atlantic City.
I.
An owner, including a member of a partnership or limited liability
company or any officer or shareholder of a corporation, shall immediately
notify the Director of his conviction of a crime. Such notification
shall be in writing and must be accompanied by a certified copy of
the certificate of disposition by the Clerk of the court.
[Amended 7-24-2002 by Ord. No. 25-2002]
J.
An owner and/or operator, while performing his duties and responsibilities
as a taxicab owner, shall not threaten, harass or abuse any governmental
or Director's representative, public servant or other person.
K.
An owner and/or operator while performing his duties and responsibilities
as a taxicab owner, shall not use or attempt to use any physical force
against a City representative, public servant or other person.
L.
An owner shall report to the Director, in person or by certified
or registered mail, return receipt requested, a change of office of
record or mailing address within 72 hours, exclusive of weekends and
holidays. Any notice from the Director shall be deemed sufficient
if sent to the mailing address furnished by the owner.
M.
An owner and/or operator shall report to the Director the replacement
of any lost or stolen New Jersey license plates within 48 hours, exclusive
of weekends and holidays, after obtaining such plates.
O.
An owner shall notify the Director on or before the 31st day of March
of each year of the name and address of the carrier and the number
of the policy for each taxicab owned by him and submit proof of such
coverage. Said proof shall also indicate thereon that the carrier
shall notify the City directly of its intention to cancel insurance.
[Amended 11-19-1986 by Ord. No. 79-1986]
P.
An owner, within 72 hours of receipt of notice, shall notify the
Director, in writing, of the cancellation of the required liability
insurance or change of insurance carrier or policy number of his insurance.
Further, the insurance company or carrier shall independently notify
the City of such cancellation or change of insurance carrier.
[Amended 11-19-1986 by Ord. No. 79-1986]
Q.
An owner who has received notice that his liability insurance is
to be terminated shall surrender his taxicab license to the Director
on or before the termination date of the insurance unless he submits
proof of new insurance effective on the date of termination of the
old policy.
[Amended 7-24-2002 by Ord. No. 25-2002]
R.
An owner shall comply with all workers' compensation laws.
S.
An owner shall designate each and every driver who operates his taxicab
as his agent for accepting service by City personnel of notices to
correct defects in the taxicab. Delivery of such notice to a driver
shall be deemed proper service of the notice on the vehicle's owner.
T.
An owner shall submit an application for renewal of his license no
later than the expiration date of the license unless his time to do
so is extended by the Director.
U.
An owner must notify the Director of an accident within 72 hours
of the accident.
V.
All operators shall assure that completed trip sheets for all of
that operator's shifts are retained in the taxicab used for those
shifts for a period of not less than 30 days.
[Added 3-22-2006 by Ord. No. 20-2006]
[Amended 7-24-2002 by Ord. No. 25-2002]
A.
An owner may not affix, remove or transfer a taxicab license to a
new or replacement vehicle without prior authorization of the Director.
B.
An owner, who has been notified that his license has been suspended
or revoked shall surrender it and his operator's identification card,
if any, to the Director within 48 hours of such notice.
C.
No one shall make an unauthorized entry on a taxicab license or operator's
identification card or change, deface, conceal or obliterate any entry
thereon.
D.
An owner shall immediately surrender to the Director for replacement
an unreadable taxicab license or operator's identification card.
E.
An owner shall notify the Director and the Police Department, within
48 hours, exclusive of weekends and holidays, of the theft, loss or
destruction of any taxicab license or operator's identification card,
and furnish such affidavit or information as may be required, including
the police receipt number; a substitute taxicab license or operator's
identification will be issued by the Director.
F.
An owner shall surrender his taxicab license or operator's identification
card for storage prior to the sale of his taxicab or its removal from
service. The requirements of this paragraph may be waived by the Director
in his discretion.
A.
An owner or his agent shall dispatch a taxicab only after inspection
and reasonable determination:
(1)
That all equipment, including brakes, tires, lights and signals,
are in good working order and meet all requirements of the New Jersey
State Motor Vehicle Law and this article;
(2)
That the taxicab's exterior and interior are clean;
(3)
That the license number and City Seal are plainly visible in such
locations as determined by the Director; and
[Amended 7-24-2002 by Ord. No. 25-2002]
(4)
That the trunk compartment is capable of securely holding his passenger's
baggage.
B.
An owner shall not dispatch a taxicab having any equipment or device
affecting the taximeter or roof light not specifically required or
authorized by the Director for the use of taxicabs.
C.
An owner, without the Director's written approval, shall make no
structural change in a taxicab deviating from the marking specifications
for taxicabs.
D.
An owner shall not dispatch any new or replacement taxicab unless
it has been inspected and approved by the Director or his representative.
E.
An owner shall have his taxicab inspected at least once every four
months and at any other time required by the Director, at a facility
and/or location authorized by the Director.
F.
An owner shall comply with all Director's notices and directives
to correct defects in taxicabs.
G.
An owner shall replace a taxicab when the Director determines that
the vehicle is unsafe or unfit for use as a taxicab and directs the
owner to remove it from service. Upon failure to comply with such
order within 10 days of service thereof, the owner shall surrender
the taxicab license and operator's identification card to the Director
for storage. If the owner fails to comply with the order within 120
days of service thereof, or in the event that the owner has sold his
vehicle and has failed to replace it within 120 days of the date of
sale, the Director may deem the taxicab license to have been abandoned
and may initiate revocation proceedings.
[Amended 7-24-2002 by Ord. No. 25-2002]
H.
An owner or his agent shall not dispatch a taxicab unless the following
are present in the taxicab at the time of dispatch:
(1)
The driver's trip record, also known as a "trip sheet," which trip
sheet shall be in a standard form approved by the Director;
[Amended 3-8-2006 by Ord. No. 15-2006]
(2)
The taxicab operator's identification card;
[Amended 7-24-2002 by Ord. No. 25-2002]
(3)
An insurance card or photostat thereof, unless the owner is self-insured
and has noted this fact on the taxicab license along with any other
information required by the Director;
[Amended 7-24-2002 by Ord. No. 25-2002]
(4)
A lease card or photostat thereof in the frame behind the operator's identification card, unless the owner has filed a master lease pursuant to § 233-11C hereof: and
[Amended 7-24-2002 by Ord. No. 25-2002]
(5)
All official notices of the Director are required to be posted in
the taxicab.
I.
An owner shall not tamper with the taxicab's roof light or any of
the interior lights or connections except to replace a defective bulb
or fuse. The roof light shall be automatically controlled only by
the operation of the taximeter so that it is lighted only when the
taximeter is in an off position and unlighted when the taximeter is
in a recording position. Owners must notify the Director 24 hours
in advance, in writing, in the event that they use their roof lights
for advertising purposes.
J.
An owner shall not dispatch a taxicab unless the following items
can be illuminated so that they are clearly visible after sunset from
the rear seat:
K.
An owner shall not dispatch a taxicab having an "On Radio Call" sign
or any sign referring to two-way radio equipment unless:
(1)
The taxicab is equipped with such radio; and
(2)
The owner is a member of a current licensed two-way radio communications
system and is authorized by the Director to have and use such two-way
equipment. Such authorization shall be endorsed on the taxicab license.
The frequency number must be UHF or VHF frequency and must be authorized
in advance by the Director. An additional fee will be assessed to
provide the Director with a crystal for said frequency.
[Amended 7-24-2002 by Ord. No. 25-2002]
L.
The use of citizens band radios or scanners in a vehicle for the
purpose of monitoring or intercepting the communication of other taxicab
owners/operators for the purpose of improperly obtaining a fare or
for any other unlawful commercial purpose is strictly prohibited.
M.
Each taxicab fleet or taxicab minifleet may maintain standby vehicles
(SBV's) equal in number to 6% of all currently licensed taxicabs owned
or operated by the fleet. (If 6% of the fleet does not equal a whole
number, the number shall be rounded up to the next digit.) A standby
vehicle may be dispatched in place of a currently licensed taxicab
only when the currently licensed taxicab is out of service for repairs
or for required inspection. An SBV may be used to replace a vehicle
that has been stolen or permanently retired from service for no more
than 30 days from the date of such theft or retirement. When a standby
vehicle is dispatched, the taxicab license must be transferred from
the out-of-service taxicab to the standby vehicle. A standby vehicle
shall not be dispatched unless there is also present in the vehicle
the SBV transfer form and SBV taxicab license.
[Amended 7-24-2002 by Ord. No. 25-2002].
N.
An owner shall assure that completed trip sheets are retained in
the taxicab for a period of not less than 30 days.
[Added 3-8-2006 by Ord. No. 15-2006]
O.
An owner shall assure that all taxicabs are equipped with a properly
charged fire extinguisher.
[Added 3-22-2006 by Ord. No. 20-2006]
A.
An owner shall equip the taxicab with a taximeter subject to the
following conditions:
(1)
It shall be of a make and type acceptable to the Director.
(2)
It shall be in good working condition and shall accurately compute
the rate of fare currently established by the Director.
(3)
It shall be affixed to the vehicle's dashboard so as to be clearly
readable and visible to all passengers in the vehicle.
(4)
Its serial number shall be the same as that shown on the license
assigned to the taxicab except when a reserve meter has been installed.
[Amended 7-24-2002 by Ord. No. 25-2002]
B.
All taximeter seals and cable housing seals shall be in good condition
and pressed by a licensed taximeter repair shop or authorized facility.
C.
An owner shall not install in a taxicab an adjusted, repaired or
recalibrated taximeter unless the adjustment, repair or recalibration
was done at a licensed taximeter repair shop or other authorized facility.
D.
Tire size and inflation shall be the same as that for which the taximeter
is calibrated, as indicated by the taxicab license.
[Amended 7-24-2002 by Ord. No. 25-2002]
E.
Unless authorized by the Director, an owner shall not tamper with,
repair or attempt to repair the taximeter, any seal, cable connection
or electrical wiring thereof or make any change in the vehicle's mechanism
or its tires which would affect the operation of the taximeter.
F.
An owner shall not dispatch a taxicab in which the taximeter or the
seals affixed thereto by a licensed taximeter repair shop or other
authorized facility have been tampered with or altered in any manner;
G.
If a taximeter is lost, stolen or damaged beyond repair, the owner
shall notify the Director and the Police Department, within 48 hours
exclusive of weekends and holidays, of the loss, theft or destruction,
and shall furnish such affidavit, police report or other information
as the Director may require.
H.
A taxicab's taximeter shall be tested by personnel authorized by
the Director for accuracy over a measured mile course and the test
indicated on the taxicab license:
[Amended 7-24-2002 by Ord. No. 25-2002]
(1)
Within one year of the date of the last test;
(2)
When a taximeter is installed in a vehicle;
(3)
When the transmission or differential is altered, repaired or replaced;
(4)
When a change is made in any other part of the taxicab that may affect
the meter reading; and
(5)
At any time required by the Director.
I.
An owner shall not knowingly dispatch a taxicab with a defective
taximeter. When a taximeter is defective, the owner shall have it
repaired at a licensed taximeter repair shop or replaced by such shop
with a taximeter which has been inspected, approved and sealed within
the preceding 12 months.
A.
Inscriptions.
(1)
An owner shall not display any lettering, emblem or advertising of
any kind on the exterior of a taxicab, its windows or an exterior
accessory, by means of paint, stencil, decal, sticker or otherwise,
except:
(a)
The legal rate of fare;
(b)
The owner's name and mailing address;
(c)
Such inscriptions as are permitted or required by this article;
(d)
Such advertising as may be authorized by the Director on the
vehicle's interior;
[Amended 7-24-2002 by Ord. No. 25-2002]
(e)
Advertising on dome lights will be permitted with the prior
approval of the Director; and
(f)
Advertising decals are permitted on the rear and side rear windows
of taxicabs as long as the decals only partially obscure the driver's
vision through said window, in accordance with N.J.A.C. 13:20-32.7(g).
[Added 7-10-2002 by Ord. No. 20-2002; amended 7-24-2002 by Ord. No.
25-2002]
(2)
Such inscriptions and advertising shall be maintained in good condition.
B.
An owner shall not display inside a taxicab any advertising or other
notice not specifically authorized by this article or the marking
specifications of taxicabs unless approved by the Director.
C.
An owner shall not display the emblems on his vehicle's exterior other than an emblem identifying the owner, an association of owners, a two-way radio communication system or the taxicab manufacturer. Such emblems shall conform to the Marking Specifications for Taxicabs set forth in § 233-14 of this article and shall be subject to the approval of the Director. No more than two of the same emblem may be displayed on a taxicab unless otherwise authorized by the Director.
D.
Any owner shall not use an emblem reserved to another owner or to
an association of which he is not a member, nor shall be use an emblem
so similar to another emblem that it may confuse or mislead the public.
E.
When an owner sells or disposes of a taxicab, other than a sale to
another licensed owner for use as a taxicab, he shall have it repainted
so as not to resemble a public taxicab and shall remove all equipment
and emblems which might identify it as a public taxicab, unless it
is broken up for scrap or the Director authorizes another means of
disposal.
A.
An owner or his agent who is actively in the business of dispatching
taxicabs on a daily basis shall not dispatch a taxicab until he has
signed his name to the trip record and has made the following entries
in ink:
B.
On the completion of the work shift, the owner or his agent shall
take possession of and examine the trip record and shall enter, in
ink, the date, time and taximeter reading at the end of the driver's
work shift and a statement, followed by the owner's signature, indicating
that the driver's entries have been examined.
C.
A fleet or minifleet owner shall maintain for a period of three years,
at the office of record, a log book in which he shall enter on sequentially
numbered pages, in English, in type or ink, the following information
for each taxicab; the driver's name, the taxicab driver's license
number, the state license plate number, the taxicab license number,
the time of leaving the garage and the exact time of return. The owner
or his agent shall sign each page to certify the accuracy and thoroughness
of each entry and shall make the required entries in the log book
daily unless otherwise instructed by the Director.
[Amended 7-24-2002 by Ord. No. 25-2002]
D.
An owner shall make available to a driver any records which the owner
is required to maintain, or photocopies thereof, which the driver
may be required to present to the Director or any governmental agency.
E.
An owner shall not make erasures or obliterations on a trip record,
log book or other record which he is required to maintain. If a wrong
entry is made on a trip record or log book, the owner shall correct
it by drawing a single line through the incorrect entry and initiating
the correction.
F.
An owner shall not rewrite a trip record or log book, either in whole
or in part, unless authorized by the Director.
[Amended 7-24-2002 by Ord. No. 25-2002]
A.
An owner may lease a taxicab to another party. Prior to the lessee's
taking possession of the taxicab, a leasing disclosure statement,
signed by both parties, must be filed in person by the owner with
the Director, indicating:
(1)
The date of execution of the lease;
(2)
The names and addresses of the lessor and lessee and their social
security or federal identification numbers;
(3)
The taxicab license number and license plate number of the leased
taxicab;
(4)
The terms of the lease, not to exceed one year and not to be less
than four months. All termination dates of leases must be August 31;
[Amended 9-20-2006 by Ord. No. 71-2006]
(5)
The name and address of the insurance carrier, the policy number
and its expiration date, indicating that the insurance specifically
covers Territory 19, as well as holding harmless the City of Atlantic
City Taxicab Association.
B.
Regardless of the terms of the lease, the lessor is responsible for
complying with all laws, rules and regulations governing owners.
C.
Notwithstanding the provisions of Subsection A, a fleet owner who engages in leasing pursuant to a master lease shall file a copy of such lease or contract with the Director in lieu of a leasing disclosure statement.
D.
If a lease or its renewal is terminated for any reason, the lessor
shall notify the Director in writing within 48 hours of such termination,
unless exempted by the Director.
E.
An owner shall not authorize or allow a lessee or rentee of a taxicab
to sublease the medallion taxicab to another party. Lessees are prohibited
from subleasing the taxicab which they lease from an owner. Lessees
and renters shall operate the taxicab which they lease or rent.
F.
Notification of all increases of rent which an owner charges to a
lessee leasing said owner's taxicab shall be submitted to the Director
and shall be approved by City Council, and such approval shall not
be unreasonably withheld.
[Amended 8-11-2004 by Ord. No. 83-2004[1]]
[1]
Editor's Note: This ordinance was vetoed by the Mayor 8-23-2004,
and said veto was subsequently overridden 9-8-2004. This ordinance
consequently became effective 9-28-2004.
G.
Where a cab is leased, a lessee must be a driver and there shall
be no more than a total of four drivers (including the lessee) on
a lease, but a fleet owner or a minifleet owner can have as many drivers
as he wants.
[Amended 9-17-2008 by Ord. No. 73-2008]
H.
A person who is a lessee shall not be a lessee to any other taxicab
license and shall not operate any other taxicab other than the one
he is leasing.
[Amended 7-24-2002 by Ord. No. 25.2002]
A.
When a taxicab license or stock in a corporation owning a taxicab
license is distributed from an estate to a legatee or distributee,
the following documents shall be submitted to the Director:
B.
An executor or administrator may continue the operation of a taxicab
only with approval of the Director as to his qualifications. The executor
or administrator must apply for such approval within 60 days of his
or her appointment, subject, however, to any further extension of
time in the event of any possible will contest or other delay not
caused by the executor or the administrator, which will be granted
in the discretion of the Director for good cause shown.
A.
No person, partnership, corporation, association or other entity
shall operate a two-way radio communication system unless it has first
applied for and obtained from the Director a license therefor. Any
rent, lease, sublease or assignment of this license or the rights
thereto shall be submitted to the Director and must be approved by
City Council, and such approval shall not be unreasonably withheld.
[Amended 8-11-2004 by Ord. No. 81-2004]
B.
An applicant shall submit to the Director copies of its constitution
and bylaws, if any, together with proof of a duly issued Federal Communications
Commission license.
C.
All equipment to be used by the licensee must meet requirements of
the Federal Communications Commission.
D.
Only a licensed owner with approval of the Director may become a
member of and/or use the services of a two-way communications system
and install or permit the installation of a two-way radio and "On
Radio Call" sign in a licensed vehicle.
E.
The operator of a two-way radio communications system shall record
as received all requests for service and retain a full record thereof
for not less than two years. Records shall contain the following information:
date and time received, location at which passenger is to be picked
up, driver to whom the call was assigned and destination of passenger(s).
F.
An owner shall not dispatch a taxicab and a driver shall not operate
a taxicab having an "On Radio Call" sign or any sign referring to
two-way radio equipment unless the taxicab, with the Director's authorization,
has such radio equipment. An owner shall have such authorization endorsed
on the vehicle's taxicab license.
[Amended 7-24-2002 by Ord. No. 25-2002]
G.
A driver who has been dispatched on a radio call shall immediately
illuminate or display the "On Radio Call" sign so as to be readily
visible to persons on the street and record on his trip record that
he is "On Radio Call," the date and time the call was received by
him, the location where the passenger is to be picked up and the trip
destination; he may also lock the rear doors while proceeding to pick
up the prospective passenger.
H.
A dispatcher shall not use code letters, code numbers or code names,
other than those authorized by the Federal Communications Commission,
to convey information to a driver.
I.
The operator of a two-way radio communications system or its agent
shall not, without justifiable grounds, refuse to dispatch an available
taxicab to pick up a passenger at a location within the City of Atlantic
City for transportation to any destination within the same area.
J.
No charge shall be made to a passenger for two-way radio taxicab
service or for any other related service in excess of the amount prescribed
by the Director. No charge shall be made for time consumed or distance
traveled from the point of dispatch to point of pickup.
K.
When the membership of any member with a licensed two-way radio communications
system is terminated the operator of the system shall notify the Director,
in writing, within 72 hours, exclusive of weekends and holidays, of
such termination.
L.
The operator of a two-way radio communications system and its agents,
including dispatchers, shall cooperate with all law enforcement officers
and authorized representatives of the Director and shall answer all
questions, communications, directives and summonses from the Director
or his representatives and shall make available for inspection upon
demand all records relating to the operation of the system, including
billings and written communications with customers.
M.
No two-way radio which is part of a two-way radio system to be used
in taxicab dispatching and communication shall be placed or operated
in any vehicle which is not properly licensed, nor shall any person
who is not a properly licensed taxi driver or owner operate a two-way
radio which is part of a system to be used in a taxicab. Whenever
a vehicle is permanently removed from service or is no longer properly
licensed, the two-way radio shall be removed from such vehicle.
[Added 9-11-1991 by Ord. No. 62-1991; 7-24-2002 by Ord. No.
25-2002]
N.
Notwithstanding the above, in addition to or in lieu of the use of
other two-way communication systems, a driver shall be permitted to
a use cellular phone, licensed through a commercial carrier, for communication
purposes relating to the operation of a taxicab. Any driver using
a cellular phone shall register the telephone number for said phone
with the Director at the time of license renewal and shall notify
the Director if the number shall change at any time between renewals.
[Added 6-14-2006 by Ord. No. 43-2006]
A.
Marking specifications for taxicabs shall be as follows:
|
Inscription
|
Location
|
Size
| |
|---|---|---|---|
|
Rate of fare (required)
|
Both back doors in approximate center of panel area below window.
(Use flat vertical surface only.)
|
Numbers: 2 1/3 inches minimum Small letters: 1 inch minimum
Small letters: 1/2 inch minimum (total area of rectangle not less
than 72 inches)
| |
|
Corporate name and address of fleet licensee (required)
|
Both front doors not more than six inches below window unless
greater distance is needed to reach a flat reasonable vertical surface.
Must be at least four inches from any other inscription. (Avoid placing
name on an extreme curve; use flat vertical surfacesonly.)
|
3 inches high Letters: 1/4 inch thick. Avoid overcrowding; use
full width of door panel or three lines of lettering if necessary
| |
|
Taxicab license number
[Amended 7-24-2002 by Ord. No. 25-2002] |
Independent taxicab owner: rear trunk deck 1/2 inch thick and
on the emblem front doors.
|
Letters: 2.8 to 3 inches high
| |
|
Fleet taxis: right rear trunk deck, left and right front fenders,
left and right rear quarter panels on City medallion.
| |||
|
Minifleets: at the discretion of the Director.
| |||
|
Emblems (optional): Fleet owner Owner association 2-way radio
communication system Taxicab manufacturer
|
On rear doors, in approximately center of panel area below window;
2-way radio emblems may also be placed on rear baggage compartment
in lower right corner of deck lid. Consult the Director if contour
of lid requires another location on the lid.
|
Letters: 2 inches high 1/4 inch thick; avoid overcrowding
|
B.
All emblems must be approved by the Director, and a true copy, in
color, must be submitted.
C.
Decals permitted (nondetachable type only).
A.
When a taxicab license owner knowingly violates any section of this
article, he may be fined and/or have his license suspended or revoked,
according to the penalties set forth in this article.
[Amended 7-24-2002 by Ord. No. 25-2002]
B.
If the alleged violation is not punishable by revocation of the license,
the Director will serve a summons upon the owner by personal service
or by mail. If the alleged violation is punishable by revocation of
the owner's license, then instead of a summons, the owner will receive
written notice of the violations charged. An owner shall be deemed
to have received any communications, notice or summons which has been
mailed in a post-paid envelope, addressed to his mailing address filed
with the Director.
C.
An owner will be advised of the date, time and location of a scheduled
hearing either in the summons, which also shall briefly describe the
alleged violation and the rule claimed to have been violated, in a
separate notice of hearing or in the written charges and specifications,
at least 15 days prior to the date of the hearing.
D.
If, for one year from the date of the summons or charges and specifications
and without any delay or default on the part of the owner, there has
been no hearing and adjudication, the Director shall dismiss the summons.
E.
If an owner wishes to plead not guilty or if a summons calls for
his personal appearance, he must appear at the hearing with his taxicab
license and any relevant documents or evidence. If the owner is a
partnership, either partner may appear, and if the owner is a corporation,
any officer thereof may appear. At the hearing, the owner may be represented
by an attorney.
[Amended 7-24-2002 by Ord. No. 25-2002]
F.
If the Director finds that emergency action is required to ensure
the public health, safety or welfare, he may order the summary suspension
of the owner's license, pending a revocation proceeding. This proceeding
shall be initiated within 30 days of the summary suspension. Such
order shall be served upon the owner by both certified and regular
mail at his mailing address.
G.
In the event that any of the violations in this article also constitute
the violation of any provision of the New Jersey Criminal Code or
the New Jersey Motor Vehicle Code or any other state statute or City
ordinance and the owner is prosecuted under either the New Jersey
Criminal Code or New Jersey Motor Vehicle Code or other state statute
or City ordinance, the violation of this article shall merge with
the offense charged under the New Jersey Criminal Code or New Jersey
Motor Vehicle Code or other state statute or City ordinance, and the
penalty imposed on the owner is the entire penalty which can be imposed
on the owner for the violation, and the Director cannot proceed against
the owner under this article.
[Amended 11-19-1986 by Ord. No. 79-1986; 5-13-1987 by Ord. No.
31-1987; 7-24-2002 by Ord. No. 25-2002]
The number of taxicab licenses issued by the City of Atlantic
City shall be 250.
[Added 5-19-2004 by Ord. No. 41-2004; amended 9-22-2004 by Ord. No.
107-2004]
A.
There shall be available, in addition to the number of licenses set forth in § 233-14.2 herein, an addition of 24 special lottery licenses available to qualified citizens of the City of Atlantic City. There shall be distributed four licenses to qualified residents of each ward.
B.
Eligibility.
(1)
In order to be eligible for the 24 lottery licenses, each applicant
shall provide, to the Office of the City Clerk, documents demonstrating
the following:
(2)
The documents required shall consist of, but not be limited
to, the following in order to prove the applicant is an Atlantic City
resident.
(3)
The applicant cannot be the owner, in any way or any manner,
of a current license medallion for a taxicab in the City of Atlantic
City. This shall include an ownership interest in any partnership,
joint venture, limited liability, corporation, Sub S corporation,
or any entity of any kind or any manner which in any way owns or holds
in trust an ownership interest in an existing license or medallion.
C.
Requirements. If an applicant is deemed eligible based upon the above-referenced
criteria and the applicant is selected, the applicant must sign an
agreement and waiver of certain rights with regard to the ownership
of the lottery license. The requirements for continued ownership shall
include the following:
(1)
The owner of the license shall, within 90 days of his or her
selection as the recipient of the cab license, have a cab vehicle
inspected and ready for service which shall include but not to be
limited to, the passing of all applicable state and City inspections.
(2)
The applicant must utilize a minivan vehicle as a cab to be
utilized which shall be white in color with blue lettering. The vehicle
may be no older than three years of age and after five years, the
vehicle shall be replaced with a minivan, white in coloring with blue
lettering. The replacement shall not be more than five years of age.
(3)
The minivan purchased or leased must have a minimum of four
doors, which shall not include the rear hatch.
(4)
The recipient of a license medallion must sign a guaranty and
waiver of certain rights which shall include a guarantee that all
persons with disabilities shall receive discounted rates for services
within the City of Atlantic City. Residents of the City of Atlantic
City, upon proof of residency and age or disability, shall receive
a 50% discount for trips which commence and end within the borders
of the City of Atlantic City.
D.
Restrictions on ownership of lottery license.
(1)
The cab medallion issued for each lottery license shall be operated
with only one additional driver. Said additional driver shall be a
resident of the City of Atlantic City, and prior to the additional
driver operating the vehicle under this lottery license, the recipient
of the lottery shall provide the following for such additional driver:
(2)
The owner shall update all information with regard to his residency, and the residency of the additional driver under said license, each and every year for the first 10 years. All owners and drivers must submit the required documents each year satisfying the requirements as set forth previously herein Subsection B.
(3)
The owner is prohibited from selling, assigning, leasing, or
transferring in any way or any manner the ownership interest in this
license during the first 10 years of ownership.
(4)
The owner of each special lottery license shall own or lease a vehicle for operation, and such vehicle shall conform to all the requirements as fully set forth in § 233-14.2.1C. The maximum down time for any vehicle shall not be more than 90 days during any one year.
(5)
In the event of the demise of the owner or operator of a special
lottery license within the first ten-year period, the license or medallion
can be transferred to a qualified spouse, child, parent, or stepchild
of the decedent for the remainder of the unexpired term of the first
10 years. If there are no qualified issue or decedents of the deceased
special lottery license owner, the license shall revert back to the
City of Atlantic City and a new special lottery will be held for such
license for the unexpired term.
E.
Penalties and forfeiture. Any owner or operator who is found guilty
of violating any sections of the requirements and restrictions set
forth in this section will immediately forfeit ownership, and the
license medallion shall revert back to the City of Atlantic City.
Upon such reversion to the City of Atlantic City, the City of Atlantic
City shall hold a noticed special lottery for such license for the
unexpired ten-year term for said license.
F.
Lottery process. The lottery process shall be conducted by the City
Clerk of the City of Atlantic City and at least two Council members
of the City of Atlantic to be selected by a majority of City Council.
The place, date and time shall be set forth by a resolution pending
a final adoption of this section to be announced in a local newspaper
no later than 60 days from the section becoming law.
G.
Repealer. All ordinances or part of the ordinances of the City of Atlantic City, heretofore adopted, which are inconsistent with any terms or provisions of the section are hereby repealed to the extent of any such inconsistencies. However, the remainder of Chapter 233, to the extent it is not inconsistent with said awardance, shall apply to the owners of the special lottery licenses.
[Amended 9-11-1991 by Ord. No. 63-1991; 7-24-2002 by Ord. No.
25-2002; 3-22-2006 by Ord. No. 20-2006; 11-25-2008 by Ord. No.
104-2008]
A.
Penalties for violation of rules governing drivers of taxicabs shall
be as follow:
|
Section Number
|
Penalty
|
Personal Appearance Required
| |
|---|---|---|---|
|
233-2A(11)
|
$520 and/or suspension or revocation
|
—
| |
|
233-2E
|
$200
|
No
| |
|
233-2E(1)
|
No penalty applicable
|
—
| |
|
233-2E(2)
|
$500 or revocation
|
Yes
| |
|
233-2E(3)
|
$100 to $2,000 and/or suspension or revocation
|
Yes
| |
|
233-2E(4)
|
$25 to $250 and/or suspension or revocation
|
Yes
| |
|
233-2E(5)
|
No penalty applicable
|
—
| |
|
233-2E(6)
|
$100 to $2,000 and/or suspension or revocation
|
Yes
| |
|
233-2E(7)
|
No penalty applicable
|
—
| |
|
233-2E(8)
|
No penalty applicable
|
—
| |
|
233-2E(9)
|
No penalty applicable
|
—
| |
|
233-2F
|
$25
|
No
| |
|
233-2G
|
$100
|
No
| |
|
233-2H
|
No penalty applicable
|
—
| |
|
233-2I
|
No penalty applicable
|
—
| |
|
233-2J
|
No penalty applicable
|
—
| |
|
233-2K
|
$50
|
No
| |
|
233-2L
|
$50
|
No
| |
|
233-2M
|
$100
|
No
| |
|
233-2N
|
$50
|
No
| |
|
233-2O
|
$50
|
No
| |
|
233-2P
|
$50
|
No
| |
|
233-2Q
|
$10
|
No
| |
|
233-2R
|
$50
|
No
| |
|
233-2S
|
$50
|
No
| |
|
233-2T
|
$100
|
No
| |
|
233-2U
|
No penalty applicable
|
—
| |
|
233-2V
|
Suspension and/or revocation
|
No
| |
|
233-2W
|
$50
|
No
| |
|
233-2X
|
$25 to $2,000 and/or suspension or revocation
|
Yes
|
B.
Penalties for violation of rules governing owners of taxicab licenses
shall be as follows:
|
Section Number
|
Penalty
|
Personal Appearance Required
| |
|---|---|---|---|
|
233-2A(12)
|
$100 to $2,000 and/or suspension or revocation
|
Yes
| |
|
233-4A
|
$45 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-4B
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-4C
|
$50 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-4D
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-4E
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-4F
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-4G
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-4H
|
$25
|
No
| |
|
233-4I
|
$10
|
No
| |
|
233-4I(1)
|
$50
|
No
| |
|
233-4I(2)
|
$50
|
No
| |
|
233-4J
|
—
|
No
| |
|
233-5A
|
$50
|
No
| |
|
233-5B
|
$50
|
No
| |
|
233-5C
|
$50
|
No
| |
|
233-5D
|
$50
|
No
| |
|
233-5E
|
$100
|
No
| |
|
233-5F
|
$100
|
No
| |
|
233-5G
|
$100
|
No
| |
|
233-5H
|
$10
|
No
| |
|
233-5I
|
$200
|
No
| |
|
233-5J
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-5K
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-5L
|
$25
|
No
| |
|
233-5M
|
$50
|
No
| |
|
233-5N
|
$50
|
No
| |
|
233-5O
|
$100
|
No
| |
|
233-5P
|
$100
|
No
| |
|
233-5P(1)
|
$50
|
No
| |
|
233-5P(2)
|
$50
|
No
| |
|
233-5Q
|
$100
|
No
| |
|
233-5R
|
$100
|
No
| |
|
233-5S
|
No penalty applicable
|
—
| |
|
233-5T
|
$25
|
No
| |
|
233-5U
|
$50
|
No
| |
|
233-5V
|
$50
|
No
| |
|
233-6A
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-6B
|
$100
|
No
| |
|
233-6C
|
$100
|
No
| |
|
233-6D
|
$50
|
No
| |
|
233-6E
|
$100
|
No
| |
|
233-6F
|
$100
|
No
| |
|
233-7A(1)
|
$50
|
No
| |
|
233-7A(2)
|
$25
|
No
| |
|
233-7A(3)
|
$25
|
No
| |
|
233-7A(4)
|
$25
|
No
| |
|
233-7B
|
$50
|
No
| |
|
233-7C
|
$50
|
No
| |
|
233-7D
|
$25
|
No
| |
|
233-7E
|
$25
|
No
| |
|
233-7F
|
$50
|
No
| |
|
233-7G
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-7H(1)
|
$25 for each subsection hereof; no fine for this subsection
shall exceed $75
|
No
| |
|
233-7H(2)
|
$25 for each subsection hereof; no fine for this subsection
shall exceed $75
|
No
| |
|
233-7H(3)
|
$25 for each subsection hereof; no fine for this subsection
shall exceed $75
|
No
| |
|
233-7H(4)
|
$25 for each subsection hereof; no fine for this subsection
shall exceed $75
|
No
| |
|
233-7H(5)
|
$25 for each subsection hereof; no fine for this subsection
shall exceed $75
|
No
| |
|
233-7I
|
$50
|
No
| |
|
233-7J(1)
|
$25
|
No
| |
|
233-7J(2)
|
$25
|
No
| |
|
233-7J(3)
|
$25
|
No
| |
|
233-7K(1)
|
$50
|
No
| |
|
233-7K(2)
|
$50
|
No
| |
|
233-7L
|
$100
|
No
| |
|
233-7M
|
$50
|
No
| |
|
233-7O
|
$50
|
No
| |
|
233-8A(1)
|
$50
|
No
| |
|
233-8A(2)
|
$50
|
No
| |
|
233-8A(3)
|
$50
|
No
| |
|
233-8A(4)
|
$50
|
No
| |
|
233-8B
|
$50
|
No
| |
|
233-8C
|
$50
|
No
| |
|
233-8D
|
$50
|
No
| |
|
233-8E
|
$50
|
No
| |
|
233-8F
|
$50
|
No
| |
|
233-8F(1)
|
$50
|
No
| |
|
233-8F(2)
|
$50
|
No
| |
|
233-8G
|
$25
|
No
| |
|
233-8H(1)
|
$25
|
No
| |
|
233-8H(2)
|
$25
|
No
| |
|
233-8H(3)
|
$25
|
No
| |
|
233-8H(4)
|
$25
|
No
| |
|
233-8H(5)
|
$100
|
No
| |
|
233-8I
|
$50
|
No
| |
|
233-9A
|
$25
|
No
| |
|
233-9B
|
$25
|
No
| |
|
233-9C
|
$25
|
No
| |
|
233-9D
|
$100
|
No
| |
|
233-10A(1)
|
$25 for each subsection hereof; no fine for this subsection
shall exceed $75
|
No
| |
|
233-10A(2)
|
$25 for each subsection hereof; no fine for this subsection
shall exceed $75
|
No
| |
|
233-10A(3)
|
$25 for each subsection hereof; no fine for this subsection
shall exceed $75
|
No
| |
|
233-10A(4)
|
$25 for each subsection hereof; no fine for this subsection
shall exceed $75
|
No
| |
|
233-10A(5)
|
$25 for each subsection hereof; no fine for this subsection
shall exceed $75
|
No
| |
|
233-10B
|
$25
|
No
| |
|
233-10C
|
$25
|
No
| |
|
233-10D
|
$25
|
No
| |
|
233-10E
|
$25
|
No
| |
|
233-10F
|
$100
|
No
| |
|
233-11A
|
$50
|
No
| |
|
233-11C
|
$50
|
No
| |
|
233-11D
|
$50
|
No
| |
|
233-11E
|
$150
|
No
| |
|
233-11F
|
$100
|
No
|
C.
Penalties for violation of rules governing two-way radio communications systems as set forth in § 233-13 shall be as follows:
|
Section Number
|
Penalty
|
Personal Appearance Required
| |
|---|---|---|---|
|
233-13A
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-13B
|
$100
|
No
| |
|
233-13C
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-13D
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-13E
|
$50
|
No
| |
|
233-13F
|
$50
|
No
| |
|
233-13G
|
$75
|
No
| |
|
233-13H
|
$75
|
No
| |
|
233-13I
|
$100
|
No
| |
|
233-13J
|
$50
|
No
| |
|
233-13K
|
$50
|
No
| |
|
233-13L
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
| |
|
233-13M
|
$100 to $2,000 and/or suspension up to 90 days
|
Yes
|
