[1997 Code § 334-1; Ord. No. 01-98]
As used in this chapter, the following terms shall have the meaning indicated:
- The City of Absecon, Atlantic County, New Jersey.
- Any person who drives a taxicab within this City.
- The operation of a taxicab, which shall require a taxicab owner's license and a taxicab drivers license, shall consist of transporting in such taxicab at least one but not more than five persons, exclusive of the driver, for hire on any of the streets in this City and accepting a passenger to be transported for hire within this City or from a point within this City to a point outside of the City limits. The operation of a taxicab as above described by one other than the owner shall be deemed operation by the owner thereof as well as by the person actually driving same. The transportation of any person other than the owner or driver in a taxicab as hereinafter defined shall be prima facie evidence of operation.
- Any person in whose name title to any taxicab is registered with the New Jersey Motor Vehicle Commission or who appears in such record to be the conditional vendee or licensee thereof.
- SENIOR CITIZEN
- Any person 62 years of age or older.
- Includes any street, avenue, park, parkway, local, County, State or Federal highway or other public roadway located within the City whether or not the same is an improved road.
- Any automobile capable of carrying up to five passengers, exclusive of the driver, and which may commonly be referred to as a taxi or cab, duly licensed by the City and engaged in the business of carrying passengers for hire, which is held out, announced or advertised to operate or run or which is operated and run over any of the streets within the City of Absecon and which accepts passengers for transportation from points and places within the City to points and places within or without the same City provided, however, that nothing herein contained shall include autobuses or buses on designated routes, public deliveries or jitneys or such public conveyances as are by law exclusively subject to State and/or Federal regulation.
[1997 Code § 334-2; Ord. No. 01-98]
There are established two classes of taxicab licenses to be known as "taxicab owner's license" and "taxicab driver's license."
Taxicab owner's license. A taxicab owners license shall entitle a taxicab therein described to pick up passengers within the City to otherwise be lawfully operated anywhere within the City by a driver duly licensed hereunder and by the New Jersey Motor Vehicle Commission until either of said licenses either expire or are surrendered, suspended or revoked.
Taxicab drivers license. A taxicab driver's license shall entitle the person named therein to operate within this City any taxicab duly licensed hereunder and by the New Jersey Motor Vehicle Commission until either of said licenses either expires or is surrendered, suspended or revoked.
[1997 Code § 334-3; Ord. No. 01-98]
All applications for taxicab owner's licenses shall be written in duplicate and shall contain the full name and address of the owner, the vehicle identification number (VIN), type, color, year and make of the taxicab, the state registration number, number of doors on the vehicle, the number of persons the vehicle can carry as passengers and questions pursuant to the rights and privileges granted to the City under Section 334-7 of this chapter. All applications shall be filed with the Municipal Clerk who shall, prior to the issuance of said license, receive proof from the applicant that the applicant is at least 18 years of age. If the applicant is a corporation, such corporation must be organized and existing under the laws of the State of New Jersey and must present proof thereof or, if organized and existing under the laws of another state, must be officially able to do business in the State of New Jersey and must supply the name and address of the New Jersey registered agent for said corporation.
All applications for taxicab driver's licenses shall be written in duplicate and shall contain the full name and address of the applicant, their New Jersey drivers license number and questions pursuant to the rights and privileges granted to the City under Section 334-7 of this chapter. Furthermore, each applicant for a taxicab driver's license shall, in addition to the requirements of any law of the State of New Jersey, establish to the satisfaction of the City Council or its designee, that such applicant has been regularly licensed by the New Jersey Motor Vehicle Commission and that the applicant is at least 18 years of age. Each applicant for a taxicab driver's license shall, at their own expense, submit a certificate from a licensed physician of the State of New Jersey certifying that the applicant has been examined within the preceding 30 days and that the applicant has no infirmity of body or mind, or visual impairment or deficiency which might render the applicant unfit for the safe operation of a taxicab. Said physician's certificate shall be presented at the time of the initial application and at the time of alternate renewals thereafter. Each applicant must furnish at the time of application two recent photographs of the applicant, at least one being not less than 1 1/4 inches in height by one inch in length. One photograph is to be filed with the application and one is to be attached to an identification card which is to be displayed in the interior of the taxicab driven by the applicant. No person shall drive any taxicab in the City until the license to drive the same, herein provided for, is issued to such driver.
Any change of residence of the holder of a taxicab's owner's and/or driver's license shall be reported to the Municipal Clerk within five business days of the date of the change.
All applications for a taxicab owner's and/or driver's licenses shall be filed with the Municipal Clerk who shall submit the said applications, upon completion of the investigation, to the City Council.
[1997 Code § 334-3.1; Ord. No. 01-98]
Each applicant for a taxicab driver's license and/or taxicab owners license shall be required to pay the City, with the application, whatever sum of money charged by the State of New Jersey to process a name check for any criminal record plus any local charges. No application for a taxicab driver's license or taxicab owner's license shall be approved until such time as the applicant has executed a form of consent and release as to permit the City of Absecon Police Department to conduct such an investigation as may be required in order to determine that the applicant substantially complies with the meaning, intent and purpose of this chapter.
[1997 Code § 334-4; Ord. No. 01-98]
Each applicant for a taxicab owner's license shall be accompanied by a policy of insurance, with the premium paid thereon, written by an insurance company duly licensed to transact business under the insurance laws of the State of New Jersey, which shall be submitted to the Municipal Clerk and the City Attorney for approval as to form and sufficiency. A certificate of insurance must be submitted to the Municipal Clerk prior to a license being approved.
Such policy shall be conditioned for payment of a sum required to satisfy all claims for damage by reason of bodily injury to or the death of all persons or property damage as follows:
Up to six passenger vehicle — not less than $300,000 combined single limit.
Such policy shall provide coverage for every driver of each vehicle listed in the policy and the acceptance of said policy by the City of Absecon and the issuance of the license by the City shall constitute an agreement by and between the applicant and the City that the applicant holds and saves harmless the City from any and all claims from damages arising out of personal injury and/or property damage made by third parties as a result of the issuance of the license and the operation of a taxicab.
In the event that such policy is canceled for any reason, a notice of such action must be delivered to the Absecon Municipal Clerk 20 days prior to the effective date of cancellation by the insurance company providing coverage to the taxi operator.
[1997 Code § 334-5; Ord. No. 01-98]
No taxicab owner's or driver's license shall be issued until the applicant therefor shall have delivered to the Municipal Clerk, concurrently with the filing of the application and insurance policy referred to herein, a power of attorney executed by said applicant wherein and whereby the applicant shall appoint the Municipal Clerk for the City as his or her, true and lawful attorney for the purpose of acknowledging service of any process out of court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed.
[1997 Code § 334-6; Ord. No. 01-98]
The City Council or its designee may, in its discretion, refuse to issue or renew or may, after notice and hearing, revoke or suspend any license issued under the provisions of this chapter if the applicant:
Has been convicted of any crime, disorderly persons offense or petty disorderly in this State or in any other state or territory;
Has been convicted of a violation under Title 39, Motor Vehicles and traffic regulations of the Revised Statutes of New Jersey;
Violates any provision of this chapter;
Has any judgment unsatisfied of record arising out of an automobile accident;
Has made false answers on the application for such license or any renewal thereof;
Has failed or fails to render reasonably prompt, safe and adequate taxi services;
Has not complied fully with all requirements of this chapter for such class of licensure;
If the licensee or applicant has in any degree contributed to any injury to person or damage to property arising out of negligent operation of a motor vehicle;
As to any taxicab owner's license if the motor vehicle licensed or to be licensed by reason of unsafe or unsanitary conditions is dangerous to the safety or health of the occupants, and others;
If the policy of insurance required herein has once lapsed or such coverage is not maintained at all times;
If a taxicab, at any time, carries more passengers than the same is authorized to carry by terms of this chapter.
[1997 Code § 334-7; Ord. No. 01-98]
No taxicab license shall be issued to or renewed for any taxicab unless and until proof shall have been given to the Municipal Clerk or his or her designee that such taxicab has adequately provided for the safety of children under the age of five years who are passengers in a taxicab operated by them. In the case of taxicabs, such proof shall consist of a posted notice in all taxicabs conspicuous to the drivers setting forth that, prior to the operation of the taxicab, children 18 months of age or younger who are passengers in a taxicab shall be placed in federally approved child restraint seat, and children over the age of 18 months but under the age of 12 years must be placed in a lap and/or lap and shoulder harness seat belt in the rear seat of the taxicab. A taxicab must at all times keep and maintain in the vehicle a federally approved car seat which shall, at all times, be available for use by drivers of the taxicabs.
Every person operating a taxicab, whether owner and/or driver, who is transporting a child under the age of five years on roadways, streets or highways of the City shall be responsible for the protection of the child by properly using a child restraint system that complies with the Federal vehicle safety standards.
No driver shall operate a taxicab in which a child of 12 years or younger is a passenger unless:
[1997 Code § 334-8; Ord. No. 01-98]
No taxicab shall be operated in the City unless and until there is predominantly displayed in the interior thereof, within full view and access of any passengers therein and on the exterior of the vehicle, a complete list of fares, charges or tariff rates so displayed which shall be those to be charged to any passengers so transported and no other fares, charges or tariff rates will be utilized. A schedule of said fares, rates and tariffs, prior to use, shall be filed in an acceptable form with the Municipal Clerk. No rate change shall take effect unless and until same shall be filed with the Municipal Clerk at least 10 days prior to the proposed effective date of the change.
No taxicab shall at any time carry more than five passengers. Every driver of such taxicab shall have the right to demand payment of legal fare in advance and may refuse employment unless so prepaid; but no driver of such vehicle shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the City unless previously engaged or unable to do so. No driver of any such taxicab shall carry any other person than the first passenger employing him or her, without the consent of the first passenger.
Every holder of an owners license shall require the driver of the taxicab to keep a daily record identified by the cab number of the taxicab used and the license number of the taxicab driver, which record shall include the time and place when and where a passenger was accepted as well as the time and place of discharge. These records shall be kept for at least one year and shall be open at all times for inspection by any duly authorized law enforcement officer.
Senior citizens, as defined in Section 334-1, who are residents of the City of Absecon shall receive a 20% discount from any posted taxicab fare and the reduced rate shall be prominently posted in the interior of the taxicab.
All taxicabs so licensed in Absecon City are required to have installed therein a standard taxicab meter attached to the odometer. This meter shall prominently display the fare to the passenger and shall be calibrated annually at the expense of the taxicab owner. A certificate of calibration shall be submitted to, and approved by, the Municipal Clerk. The calibration certificate shall be presented at the time of the initial application and at the time of alternate renewals thereafter.
[1997 Code § 334-9; Ord. No. 01-98]
There shall be affixed in every taxicab, in such a manner that the same can be conveniently read by any person in the taxicab, a card at least three inches in height by at least five inches in length, containing the name of the taxicab owner, the taxicab owner's license number of the vehicle, the year of issuance and the number of passengers that can be lawfully transported in such taxicab.
Each driver shall be required to carry and display in the taxicab he or she is operating, an identification card at least three inches in height by at least five inches in length which contains a photograph of the driver, the name of the driver and his or her taxicab driver's license number.
Every taxicab so licensed shall have painted on the outside of the taxicab, on both sides thereof, the word "Taxi," "Cab" or "Taxicab" in letters at least four inches in height as well as the name under which the owner is operating the said vehicle; or, in the alternative, shall have on the top of each taxicab a sign at least 12 inches in width by six inches in height made of plastic on which there shall be painted the word "Taxi" and the name of the company in black letters. The sign shall be illuminated by a white bulb when the taxicab is in service.
Every taxicab so licensed shall have a decal or other form of identification placed on the exterior thereof in a format location and in size to be prescribed by the City which clearly identifies that the vehicle is duly licensed by Absecon City.
[1997 Code § 334-10; Ord. No. 01-98]
Drivers of taxicabs shall not receive or discharge passengers in the roadways, but shall pull up to the right-hand sidewalk as near as possible or, in the absence of a sidewalk to the extreme right-hand side of the road and there receive or discharge passengers, except on one-way streets where passengers may be received or discharged on either the right or left-hand sidewalk or side of the roadway in the absence of a sidewalk.
[1997 Code § 334-11; Ord. No. 01-98]
The owner and operator of each taxicab operating in the City shall keep the taxicab in good running order so that it makes a presentable appearance and affords comfortable and safe rides to passengers and remains free from mechanical defects which would affect the safety of the passengers. The owner of each taxicab shall have each taxicab presented to the Chief of Police or other designated police officer prior to issuance or renewal of the taxicab owner's license and thereafter upon the request of the Chief of Police or other police officer so that it may be inspected to determine whether it complies with the provisions of this chapter.
[1997 Code § 334-12; Ord. No. 01-98]
No owner or driver of any taxicab shall induce any person to employ him or her by knowingly misinforming or misleading any such person as to time and place of departure of any airplane or other regularly scheduled mode of transportation or as to the location of any hotel, motel, public place or private residence within this City, nor shall any such owner or driver deceive any person or make false representations to any person or convey any passenger to any other place or over any street other than to which the passenger may have instructed the driver to go. Every owner and driver shall be responsible to see to it that all passengers are carried in a safe manner and by using a reasonable and direct route from point of origin to point of destination. No taxicab shall, at any time, carry more than the vehicle is designed or licensed for, but in no event shall any one taxicab carry more than five passengers, excluding the driver.
[1997 Code § 334-13; Ord. No. 01-98; Ord. No. 06-200 § 4]
The annual taxicab owner's license shall be $100 per year per taxicab. The license shall be effective for a period commencing July 1 of the current calendar year to June 30 of the following calendar year. This license is nontransferable.
There shall be a $15 transfer fee for the issuance of a taxicab owner's license for a vehicle replacing that originally licensed. This fee shall be for the administrative cost involved in processing the vehicle. This license is nontransferable.
The annual taxicab driver's license shall be $50 per year. The license shall be effective for a period commencing July 1 of the current calendar year to June 30 of the following calendar year. This license is nontransferable.
[1997 Code § 334-14; Ord. No. 01-98]
Every operator of a taxicab immediately after the discharge of a passenger, must search that taxicab for any property lost or left therein, and any such property found unless sooner or delivered to the owner, must be reported, in writing by the operator or owner, of the taxicab to the Municipal Clerk with the particulars and description of the property within 12 hours after finding thereof.
Official notice will be taken of any misconduct, deceit, fraud, subterfuge or actions of the driver which are against the best interest of the public, even though not specifically mentioned in the rules. Any violation of these rules may result in the suspension or revocation of license.
The license of any taxicab owner or driver who does not comply with the requirements of this section as set forth herein shall be subject to penalties provided for in Section 334-19.
The requirements of this section shall be strictly applied to any applicant for licensure or renewal of any license after the effective date and grace period provided for by this section.
No taxicab shall be operated within the City of Absecon unless both the taxicab and the operator hold valid licenses as described herein.
[1997 Code § 334-15; Ord. No. 01-98]
The number of taxicab owner's licenses that may be issued in any one year shall be limited to 12 and the number of taxicabs allowed per taxicab owner's license shall be two.
The number of owner's licenses that may be issued in any one year to the same owner, corporation, partnership or any other business entity shall be limited to two.
There shall be no limit on the number of taxicab driver's licenses issued.
[1997 Code § 334-16; Ord. No. 01-98]
A taxicab owner's and/or driver's license which is not operational for a period of 12 consecutive months shall automatically revert to the City without notice or hearing.
Any taxicab owner's license which reverts back to the City in accordance with this section may thereafter be issued by the City to any qualified person.
[1997 Code § 334-17; Ord. No. 01-98]
In the event that a taxicab is being operated by a party who does not have a taxicab driver's license, as defined in this chapter, both the driver and the owner of the taxicab shall be subject to the penalty provisions as set forth in Section 334-15.
[1997 Code § 334-17.1; Ord. No. 01-98]
Every person or persons, firm or corporation found guilty in a municipal court of competent jurisdiction of violating any of the provisions of Chapter 334 shall be:
Fined not less than $100 or more than $500; and/or
Imprisoned for a period not to exceed 30 days; and/or
Required to complete community service for not less than five days nor more than 30 days; and/or
Have his or her owner and/or driver license suspended for a period not to exceed 60 days; and/or
Have a recommendation of a revocation for their owner's and/or driver's license forwarded to the City Council. Each succeeding day of a violation shall be construed as a new violation.
[1997 Code § 334-17.2; Ord. No. 01-98]
No taxicab owner's license or taxicab driver's license shall be required for the following:
Transporting a passenger(s) pursuant to the definition section of this chapter from a point outside of the City limits to a point inside the City limits wherein the passenger(s) is/are discharged.
Transporting a passenger(s) pursuant to the definition section of this chapter from a point outside of the City limits to a point inside the City limits wherein the passenger(s) is/are discharged and the taxicab waits for the passenger to reboard for a return trip to another location if the passenger(s) agree to allow the taxicab driver to continue to run the taxicab meter during all stops within the City.
Transporting a passenger(s) pursuant to the definition section of this chapter from a point outside of the City limits to a point inside the City limits wherein the passenger(s) has/have agreed to a flat fee for all services rendered by the taxicab driver before entering the City limits.
[1997 Code § 334-17.3; Ord. No. 01-98]
Nothing in this chapter shall be construed to exempt any person, form or corporation owning or operating a taxicab from complying with the laws relating to the ownership, regulation and operation of automobiles in the State of New Jersey.