A. 
The following words and phrases and their derivatives, when used in this chapter, shall have the meanings hereafter ascribed to them:
AUTOCAB
A "limousine."
CRUISING
The practice of driving about the Township streets within an autocab so as to solicit passengers or to bring the presence of the autocab to the attention of prospective passengers. An autocab driving along the streets of the Township for any purpose other than transporting a passenger, going to a definite destination by the most direct route in response to a call for an autocab by a prospective passenger or returning by the most direct route to the autocab's terminus after discharging a passenger or going to or from the home terminus, to the driver's home by the most direct route shall be prima facie evidence of cruising.
DRIVER
Any person who drives an autocab within the Township.
LICENSED
Licensed in accordance with this chapter.
LIMOUSINE
Includes any automobile or motor car used in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route and with a seating capacity in no event of more than 14 passengers, not including the driver, provided that such a vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle, not including the driver, at the time of manufacture. Nothing in this definition shall be construed to include taxicabs, hotel buses, buses employed solely in transporting school children or teachers, vehicles owned and operated directly or indirectly by businesses engaged in the practice of mortuary science when those vehicles are used exclusively for providing transportation related to the provision of funeral services, autobuses which are subject to the jurisdiction of the Department of Transportation or interstate autobuses required by federal or state law or regulations of the Department of Transportation to carry insurance against loss from liability imposed by law on account of bodily injury or death.
LIMOUSINE OR LIVERY SERVICE
Includes the business of carrying passengers for hire by autocabs.
OPERATION OF AN AUTOCAB
Consists of transporting in such autocab one or more persons for hire along any of the Township streets. Accepting a passenger to be transported for hire within the Township or from a point within the Township to a point outside of the Township or discharging a passenger transported for hire from a point outside the Township to a point within the Township shall be deemed to be operation of an autocab within the Township within the meaning thereof. The operation of an autocab in any of the above-described methods 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 the sign therein or thereon using the word "autocab" or "hack" shall be prima facie evidence of operation.
OWNER
Any person in whose name title to any autocab is registered with the New Jersey Department of Motor Vehicles or who appears in such records to be the conditional vendee or lessee thereof.
PERSON
Includes any individual, copartnership, association, corporation or joint-stock company, their lessees, trustees or receivers appointed by any court whatsoever.
STREET
Includes any street, avenue, park, parkway, highway, or other public place.
B. 
Nothing herein contained shall include or apply to an autobus/jitney as defined in N.J.S.A. 48:16-23 et seq. or other vehicles operated under municipal consent upon a route established wholly within the Township or the public conveyances which are by law subject to state or federal regulation exclusively.
A. 
Autocab owner's license. An autocab owner's license shall entitle the autocab therein described to be operated in the Township by a driver until the license either expires or is surrendered, suspended, or revoked. The license shall not be transferable.
B. 
Expiration of licenses. Every license issued pursuant to this article shall expire annually at midnight on December 31 unless sooner surrendered, suspended or revoked.
C. 
All autocab licenses issued hereunder shall recite the name of the insurance company, the number and date of expiration of the policy, a description of every limousine insured thereunder, and the registration number of same. The license shall be issued in duplicate after payment of the requisite fee and filing of the requisite application. The duplicate license shall be filed with the Division of Motor Vehicles before any such car is registered as a limousine. The original license shall be retained within the limousine and shall be available for inspection by any police officer within the state. In lieu of the recital of insurance information required on the license, the applicant may submit a notarized letter from the insurance company in accordance with N.J.S.A. 48:16-17.
A. 
Application information for owner's license. All applications for autocab owner's licenses shall be in writing, in duplicate, and shall contain the full name and address of the owner, the serial number, types, color, age, and maker of the autocab, the number of persons it is to carry, the names and addresses of two responsible property owners of the Township as references, and the names, addresses, driver's license numbers and Township autocab driver's license number for all persons who will operate the autocab within the confines of the Township. The applicant shall also state whether he/she has been convicted of a crime or disorderly persons offense within the previous two years. Every change of address of the owner shall be reported in writing to the Township Clerk within three days after such change. Information aforementioned relating to known persons who are to operate an autocab of a licensed owner within the confines of the Township shall be reported, in writing, to the Township Clerk within three days after the employment of any additional autocab driver by the autocab owner. Applicants for an owner's license shall be fingerprinted before the license is issued. All fingerprinting and background check applications may be conducted by MorphoTrak, Inc. If the applicant already has digital fingerprints on file taken, only a background check shall be required every three years. However, if the applicant has never been fingerprinted he/she must do so through Morpho Trak, Inc., and must also have a background check which shall be submitted at the time of the application. All information which is required to be provided by an applicant with respect to an application for an autocab owner's license shall also be provided with respect to any individual who owns 10% or more of the share or interest of any applicant that is a corporation, company, partnership, firm or association.
B. 
Issuance or denial of license. The Township Clerk or designated license officer shall immediately, upon the filing of an application herein, institute such investigation of the applicant's qualifications for a license, including moral character, which shall be reasonably necessary for the protection of the public welfare and shall submit said application to the Township Council at the next succeeding meeting for action, and any oral applications may be granted or refused by the vote of the majority of the members present at such meeting or at such adjourned meeting as may be necessary to consider said applications.
A. 
No autocab shall be licensed until an insurance policy or certificate in lieu thereof, and power of attorney executed, is filed with the Township Clerk as provided for in accordance with the provisions of N.J.S.A. 48:16-1 to 48:16-22.5 et seq., inclusive, except that such insurance policy shall be written by an insurance company duly licensed to transact business under the insurance laws of this state in the sum of not less than $1,500,000 against loss by reason of the liability imposed by law upon every limousine owner or driver for damages on account of bodily injury or death suffered by any person as the result of an accident, occurring by reason of the ownership, maintenance or use of the limousine upon any public street.
B. 
If such owner operates more than one autocab, he/she may file with the Township Clerk, in lieu of the policy aforesaid, a bond or insurance policy of a company duly licensed to transact business under the insurance laws of this state, in the sum of $1,500,000 which shall be a blanket insurance covering all cabs operated by such owner, which insurance policy shall specifically provide that all passengers entering such autocab for transportation shall be protected whether such passenger is accepted for transportation from a fixed stand or other public place, or from any other point or place whether fixed or otherwise, and the insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance or use of such autocab, or any default in respect thereto, and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
The owner of the autocab shall execute and deliver to the Clerk of the Township a power of attorney wherein and whereby the owner shall appoint the Township Clerk as his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served upon the licensee by virtue of the indemnity granted under the insurance policy filed with the Clerk.
A. 
The fees for the issuance of the licenses herein referred to shall be as set forth in Chapter 139, Fees, § 139-48. The fees herein fixed for the issuance of such licenses are imposed to reimburse the Township's reasonable costs in issuing the license.
B. 
In addition to any application fees set forth in this article, any applicant shall also pay to the Township Clerk a sum in the amount charged by any state, county or federal agency for a fingerprint inquiry concerning the applicant.[1]
[1]
Editor's Note: See Ch. 139, Fees, Art. VIII, Fingerprint Charges.
The Township Council may, in its discretion, after notice and hearing revoke or suspend:
A. 
Any license of either class if the applicant or licensee, within two years next preceding the filing of an application hereunder or who, having obtained a license while the license is in effect hereunder, has been convicted of a crime involving moral turpitude in this or any other jurisdiction, or of being a disorderly person in this or any other jurisdiction, or of reckless driving in this or any other state, or that he/she has been convicted of an indictable offense or that he/she has been convicted of a serious traffic violation as defined under N.J.S.A. 39:3-10.1 including excessive speeding, reckless driving, improper or erratic traffic lane changes, following a vehicle too closely, or any violation arising in connection with a fatal accident, of state or local law relating to motor vehicle traffic control, or who has any judgment unsatisfied of record against him arising out of an automobile accident, or who has failed to render reasonably prompt, safe and adequate autocab service, or who has not complied fully with all the requirements of this article for such class of license or who has made any false statements or has provided any false, erroneous or untrue information with respect to the application for the license; or
B. 
Any autocab owner's license if the motor vehicle licensed or to be licensed, by reason of unsafe or unsanitary condition, is dangerous to the safety and health of the occupants or others, or if the insurance policy required herein or by any statute of New Jersey has once lapsed, or such coverage is not maintained at all times; or
C. 
Any license of either class for the violation of any rules, regulations, special findings or conditions which are included within a resolution adopted by the Township Council or a violation of any provision of this article.
Each applicant granted an autocab owner's license shall be issued a license card in evidence thereof in a form approved by the Township Council and signed by the Township Clerk in its behalf. Such license card shall, at all times, be carried by the driver while operating an autocab. In addition, the owner of the autocab shall furnish a card with the name of the driver which shall at all times be in the autocab.
The operation of any autocab pursuant hereto shall be permitted and shall be lawful only so long as the applicable liability insurance policies prescribed by the State of New Jersey shall remain in full force and collectible amount stated in the policies.
Any person, firm, or corporation violating any of the provisions of this article shall be, upon conviction thereof by any court of competent jurisdiction by law to hear and determine the matter, be subject to the violations penalty set forth in Chapter 1, Article II, General Penalty, as amended and supplemented, and in addition thereto, the license provided by this article shall be suspended, pending action by the Township Council with respect to suspension or revocation of said license in accordance with the terms of this article. It shall be the duty of the Municipal Court Judge to notify the Township Council of all convictions for violations of the terms of this article.