[HISTORY: Adopted by the Borough Council of the Borough of Eatontown 2-24-1993 by Ord. No. 5-93. Amendments noted where applicable.]
The following words and phrases and their derivatives, when used in this chapter, shall have the meanings hereafter ascribed to them:
AUTOCAB
Includes any automobile or motor car with a carrying capacity of not more than nine passengers, not including the driver, used in the business of carrying passengers for hire which is held out, announced or advertised to operate or run over any of the streets or public highways in the Borough of Eatontown, and which is hired by charter or for a particular contract or by the day or hour or other fixed period or to transport passengers to a specified place or places or which charges a fare or price agreed upon in advance between the operator and the passenger(s).
BOROUGH
The Borough of Eatontown, in the County of Monmouth, State of New Jersey.
CRUISING
The practice of driving about the streets of the Borough of Eatontown with a taxicab or autocab so as to solicit passengers or to bring the presence of a taxicab to the attention of perspective passengers. A taxicab or autocab driving along the streets of the Borough or through private property from and to the streets of the Borough for any purpose other than while transporting a passenger, going to a definite destination by the most direct route in response to a call for a taxicab or autocab by a perspective passenger or returning by the most direct route to the taxicab's or autocab's home terminus after discharging a passenger or going to or from the terminus to the driver's home by the most direct route, shall be prima facie evidence of cruising.The practice of driving about the streets of the Borough of Eatontown with a taxicab or autocab so as to solicit passengers or to bring the presence of a taxicab to the attention of perspective passengers. A taxicab or autocab driving along the streets of the Borough or through private property from and to the streets of the Borough for any purpose other than while transporting a passenger, going to a definite destination by the most direct route in response to a call for a taxicab or autocab by a perspective passenger or returning by the most direct route to the taxicab's or autocab's home terminus after discharging a passenger or going to or from the terminus to the driver's home by the most direct route, shall be prima facie evidence of cruising.[1]
[Added 5-22-2002 by Ord. No. 13-2002]
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 of no more than 14 passengers, not including the driver[.]"[2]
[Added 11-1-2017 by Ord. No. 06-2017]
OPERATION OF AUTOCAB OR TAXICAB
Includes transporting in such taxicab or autocab one or more persons for hire along any of the streets of the Borough. Accepting a passenger to be transported for hire within the Borough or from a point within the Borough to a point outside of the Borough's limits or discharging a passenger transported for hire from a point outside of the Borough limits to a point within the Borough limits shall be deemed to be "operation" of the taxicab or autocab within the meaning thereof. The operation of a taxicab or autocab in any of the above-described manners by one other than the owner shall be deemed operation by the owner thereof as well as by the person actually driving the same. Transportation of any person other than the owner or driver in any motor vehicle with a sign therein or thereof using the words "taxi," "taxicab" or "cab" or "hack" shall be prima facie evidence of operation. Includes transporting in such taxicab or autocab one or more persons for hire along any of the streets of the Borough. Accepting a passenger to be transported for hire within the Borough or from a point within the Borough to a point outside of the Borough's limits or discharging a passenger transported for hire from a point outside of the Borough limits to a point within the Borough limits shall be deemed to be "operation" of the taxicab or autocab within the meaning thereof. The operation of a taxicab or autocab in any of the above-described manners by one other than the owner shall be deemed operation by the owner thereof as well as by the person actually driving the same. Transportation of any person other than the owner or driver in any motor vehicle with a sign therein or thereof using the words "taxi," "taxicab" or "cab" or "hack" shall be prima facie evidence of operation.
[Added 5-22-2002 by Ord. No. 13-2002]
OWNER
Any person, corporation or association in whose name title to any taxicab, autocab or limousine is registered with the New Jersey Department of Motor Vehicles or who appears in such records to be the conditional vendee or lessee thereof.
[Added 5-22-2002 by Ord. No. 13-2002]
PUBLIC TAXICAB STAND
A section of a public street or public place set apart for the exclusive use of a limited number of taxicabs when such section is distinctly marked as such by a metal sign attached to a stanchion on the curb or other conspicuous place or by clearly visible marks upon the surface of the street or public place.
TAXICAB
A motor vehicle used in the business of transportation of passengers for hire within the Borough of Eatontown.
[1]
Editor's Note: The former definition of "limousine or livery service," which immediately followed this definition, was repealed 10-25-2006 by Ord. No. 34-2006.
[2]
Editor's Note: As defined in N.J.S.A. 48:16-13.
[Amended 10-9-2002 by Ord. No. 22-2002]
A. 
The licensing of taxicabs and autocab services shall be by the Borough Administrator. Licenses shall be countersigned by the Police Department, and all fees for licenses shall be paid to the Police Department of the Borough of Eatontown. All autocab/taxicab drivers licensed by the Borough must possess and maintain a valid New Jersey driver's license.
[Amended 5-26-2010 by Ord. No. 13-2010; 11-1-2017 by Ord. No. 06-2017]
B. 
The governing body may establish rules and regulations for the inspection of taxicabs and autocabs, the construction and condition of fitness for the safe and adequate transportation of passengers and the general cleanliness of taxicabs and autocabs.
[Amended 5-26-2010 by Ord. No. 13-2010]
C. 
The Borough Clerk will issue a certificate of liability to a limousine company for Division of Motor Vehicle purposes. The owner of the limousine shall comply with the execution and delivery of the power of attorney requirements set forth in N.J.S.A. 48:16-16. The power of attorney must be executed and delivered to the Division of Motor Vehicles, wherein the owner shall appoint the Director of the Division of Motor Vehicles as his true and lawful attorney for the purpose of acknowledgement of service of process.
[Added 10-25-2006 by Ord. No. 34-2006; amended 11-1-2017 by Ord. No. 06-2017]
[Amended 5-22-2002 by Ord. No. 13-2002]
A. 
License required. No person shall operate any taxicab or autocab within the Borough unless both the taxicab and the driver thereof are licensed pursuant to this section and conform to all the provisions thereof.
B. 
Two classes of licenses established. There are hereby established two classes of licenses to be known as "taxicab/autocab driver's license" and "taxicab/autocab owner's license," respectively.
[Amended 10-25-2006 by Ord. No. 34-2006]
C. 
Taxicab/autocab driver's license. A taxicab/autocab driver's license shall entitle the person named therein to operate within the Borough any taxicab or autocab duly licensed hereunder until the license either expires or is surrendered, suspended or revoked and shall not be transferable.
[Amended 10-25-2006 by Ord. No. 34-2006]
D. 
Owner's license. A taxicab/autocab owner's license shall entitle the taxicab/autocab therein described to be operated in this Borough by a driver duly licensed hereunder until the license either expires or is surrendered, suspended or revoked and shall not be transferable from company to company.
[Amended 10-25-2006 by Ord. No. 34-2006; 11-1-2017 by Ord. No. 06-2017]
E. 
Expiration. Any license issued pursuant to the terms of this section shall expire at 12:00 midnight on January 31 of the year following the year in which it was issued unless sooner surrendered, suspended or revoked.
[Amended 5-26-2010 by Ord. No. 13-2010]
F. 
Number of licenses. The number of owner's licenses known as "taxicab/autocab owner's licenses" shall not exceed 75 for the entire Borough, except as herein set forth. Any taxicab/autocab driver who drives for more than one company will need a separate license for each company at which he/she is employed. The governing body may reduce the number of licenses by removing from the market any licenses taken back by the Borough due to violations of any laws or ordinances.
[Amended 10-25-2006 by Ord. No. 34-2006; 5-26-2010 by Ord. No. 13-2010; 11-1-2017 by Ord. No. 06-2017]
G. 
Application. All applicants for the issuance or renewal of any license of either class must possess a valid New Jersey driver's license. All applications shall be made to the Borough Police Department on forms obtained from the Police Department. The application shall contain the full name and address of the applicant, the year, type and model of the vehicle to be licensed and the number of persons it is capable of carrying and shall be accompanied by the required fee. No person shall be issued a license unless the vehicle can accommodate a minimum of four passengers or a maximum of nine passengers. Each applicant for a license of any class shall supply the information requested on the application in full and verify the correctness thereof by his oath or affirmation and thereafter file the complete application with the Police Department, together with the full amount for the proper fee hereinafter fixed therefor. Upon the first submission of an application for a taxicab/autocab driver's license, the applicant shall consent to a state and federal criminal history check through fingerprinting and shall pay the net fee charged to the Borough by the appropriate governmental agency to secure the applicant's criminal history. Upon each annual renewal of any license, the applicant shall consent to a "name check only" criminal history background check performed by the New Jersey State Police and shall pay the net fee charged to the Borough to secure the applicant's criminal history. In addition, the following licensing requirements shall apply:
[Amended 4-23-2003 by Ord. No. 5-2003; 5-26-2010 by Ord. No. 13-2010; 11-1-2017 by Ord. No. 06-2017]
(1) 
All applicants for the issuance or renewal of a taxicab/autocab owner's license shall submit a copy of a valid New Jersey driver's license, a power of attorney, and a certification of liability listing the Borough of Eatontown as the certificate holder.
(2) 
All applicants for the issuance or renewal of a taxicab/autocab driver's license shall submit a copy of a valid New Jersey driver's license, a current driver's abstract, two passport-sized photos, and proof of employment verification.
(3) 
Any driver, owner, or individual company with more than one taxicab/autocab shall submit all applications for licensing at the same time.
H. 
Fee. The annual fee for each taxicab/autocab driver's license hereinafter issued or any renewal thereof shall be $100 for each year or part thereof. The annual fee for each taxicab/autocab owner's license issued or renewed shall be $300 annually for each taxicab/autocab for each year or portion of a year for the license that is issued or renewed. All such licenses shall be under the charge and control of the person applying therefor, and that person shall be responsible for the operation of all cars so licensed.
[Amended 10-9-2002 by Ord. No. 22-2002; 4-23-2003 by Ord. No. 5-2003; 10-25-2006 by Ord. No. 34-2006; 5-26-2010 by Ord. No. 13-2010; 11-1-2017 by Ord. No. 06-2017]
I. 
Inspection of vehicles. No license shall be issued or reissued to operate a taxicab/autocab and no vehicle shall be used as a taxicab/autocab until the vehicle has been inspected and examined by an officer designated by the Chief of Police and found to be in a thoroughly safe, clean and sanitary condition for the transportation of passengers and contains all safety devices required by law. All taxicabs/autocabs for each individual company must be available for inspection at the same time. Any vehicle which fails to pass inspection shall immediately be taken out of service and shall not be operated again within the Borough until the defects which led to the rejection are corrected. In the case of minor defects which do not constitute an immediate danger to the health or safety of the public, the vehicle may continue to operate for a period of one week, at the end of which time it shall be reinspected. If the defect has not been corrected, the vehicle shall immediately be taken out of service and shall remain out of service until the defect is corrected.
[Amended 10-25-2006 by Ord. No. 34-2006; 5-26-2010 by Ord. No. 13-2010; 11-1-2017 by Ord. No. 06-2017]
J. 
Transfer of license.
[Amended 4-23-2003 by Ord. No. 5-2003; 10-25-2006 by Ord. No. 34-2006; 5-26-2010 by Ord. No. 13-2010]
(1) 
The owner of a licensed taxicab/autocab shall not sell, lease, rent, assign, transfer or in any other manner dispose of a taxicab or autocab license without the permission of the Borough Administrator; nor shall any owner of such vehicle hire out or rent a taxicab or autocab to a taxicab or autocab driver or any other person for use within the Borough for a stipulated sum over a definite period of time.
(2) 
Any taxicab/autocab owner's license issued may be transferred with the payment of a transfer fee of $200 upon obtaining written approval of the Borough Administrator.
[Amended 11-1-2017 by Ord. No. 06-2017]
K. 
Conditions. All applicants must truthfully complete an application for a taxicab/autocab driver's license or owner's license, which application shall be furnished by the Police Department. The completed application shall be returned to the Police Department with the appropriate fees, a certified Division of Motor Vehicles abstract of the applicant, proof of employment from the company licensed to do business in the Borough and two passport-size photographs of the applicant. The applicant must be of good and moral character. The Borough may deny the issuance of a taxicab/autocab driver's license or owner's license based upon past criminal convictions of the applicant.
[Amended 10-25-2006 by Ord. No. 34-2006]
L. 
Issuance of license. Upon satisfactory fulfillment of the foregoing requirements, there shall be issued by the Police Department, after approval of the Borough Administrator, to the applicant a driver's and/or owner's license card. The driver's license card shall contain a photograph and Borough license number of the licensee. The owner's license shall contain the name of the applicant, the Borough license number, make, model and VIN number for the vehicle, and a notice that in case of any complaint the Police Department under which the taxicab/autocab is operated shall be notified. Applicants may appeal any denial of a license to the governing body.
[Amended 10-25-2006 by Ord. No. 34-2006; 5-26-2010 by Ord. No. 13-2010; 11-1-2017 by Ord. No. 06-2017]
M. 
Decal for licensed vehicles displayed. A decal shall be provided by the Borough for all taxicabs/autocabs licensed to do business in the Borough, and the decal shall be prominently displayed on the passenger side of the interior front windshield, at the same height as an inspection sticker.
[Amended 10-25-2006 by Ord. No. 34-2006; 11-1-2017 by Ord. No. 06-2017]
N. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection N, Revocation of suspension of license, as amended, was repealed 11-1-2017 by Ord. No. 06-2017.
O. 
Prohibited solicitation of passengers. No person shall cruise the streets of the Borough of Eatontown with any taxicab/autocab at any time for the purpose of soliciting passengers.
[Amended 10-25-2006 by Ord. No. 34-2006]
P. 
Power of attorney. All owners of taxicabs and autocabs who apply for a license shall execute and deliver to the Police Department to be filed with the Clerk of the Borough of Eatontown concurrently with the filing of an insurance policy or bond set forth below, a power of attorney, wherein and whereby the owner shall appoint the chief fiscal officer of the municipality his or her true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy or bond filed.
[Added 10-9-2002 by Ord. No. 22-2002]
Q. 
Regulations governing taxicabs/autocabs licensed by other municipalities. Owners and drivers of taxicabs/autocabs licensed out of the jurisdiction of this Borough may be allowed to enter their taxicab/autocab in this Borough, but on a specific call only, whether transporting a passenger within the Borough or from a point within the Borough to a point outside the Borough's limits or discharging a passenger transported from a point outside of the Borough limits to a point within the Borough limits, and the name of the passenger so calling shall be given by the owner or driver when requested by the Borough police or other lawful persons. Such taxicab/autocab shall not be parked in this Borough nor shall the drivers thereof cruise on the streets of this Borough at any time for the purpose of soliciting passengers, nor shall they in the nighttime or other periods of darkness, when in the Borough, permit any advertising lights on the taxicab to remain lit; provided, however, that the same or similar substantial reciprocal rights are granted to the owners and drivers of taxicabs licensed in this Borough from municipalities in which the aforesaid owners or drivers are licensed.
[Added 4-23-2003 by Ord. No. 5-2003]
[1]
Editor's Note: Former § 296-4, Taxicab or autocab driver's license required; fee, as amended 1-26-2000 by Ord. No. 03-2000, was repealed 5-22-2002 by Ord. No. 13-2002. See now § 296-3.
A. 
Required. No license shall be issued to operate a taxicab or autocab, and no person shall operate a taxicab or autocab unless the applicant or licensee complies with provisions of N.J.S.A. 48:16-1 et seq.
B. 
Revocation of license. If notice is served on the Borough Clerk that the insurance coverage has been revoked or suspended, the Borough Clerk shall notify the Chief of Police, who shall forthwith have the license withdrawn from the licensee and shall notify the licensee to cease and desist from the operation of the taxicab or autocab.
C. 
Autocabs (limousine or livery service). Any taxicab owner issued a license pursuant to this chapter who chooses to operate his taxicab as an autocab (limousine or livery service), as defined in N.J.S.A. 48:16-13, may do so by providing the proper insurance coverage as required under N.J.S.A. 48:16-14.
A. 
Record of vehicle. The Police Department shall keep a register of the name of each person licensed to operate a taxicab or autocab and the license number, make and description of such vehicle with the date and complete record of inspection made of it.
B. 
Right of inspection. The Police Department shall maintain constant vigilance over all taxicabs or autocabs to see that they are kept clean and in a condition of safety for the transportation of passengers and shall have the right at any time to inspect any such vehicle.
C. 
Record of violation. The Police Department shall also keep a record of violations of this chapter and the Motor Vehicle Act[1] by the licensees.
[1]
Editor's Note: See N.J.S.A. 39:4-1 et seq.
[1]
Editor’s Note: Former § 296-7, Revocation and suspension of license, as amended, was repealed 11-1-2017 by Ord. No. 06-2017.
[Amended 5-26-2010 by Ord. No. 13-2010]
Public taxicab stands shall be designated by the governing body. Not more than the authorized number of taxicabs shall remain at any stand. The taxicabs shall operate on a first-in, first-out basis, and no taxicab operator shall have more than one taxicab at any designated taxicab stand. The governing body may establish other stands when necessary. The continuance of such stands shall be subject to the approval or disapproval of the governing body.
A. 
Rates of fares.
(1) 
The rate of fares to be charged within the Borough of Eatontown shall be fixed by resolution of the governing body of the Borough of Eatontown, and the governing body may, by resolution, establish zones for the purpose of fixing rates.
[Amended 5-26-2010 by Ord. No. 13-2010]
(2) 
The charge for any fare shall be in accordance with the rates set by the governing body as determined by resolution, which resolution shall be adopted after public hearings are held pursuant to the Open Public Meetings Act.[1]
[Amended 5-26-2010 by Ord. No. 13-2010]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(3) 
The charge for a fare from a point within the Borough to a point outside of the Borough shall be stated to the passenger prior to the pickup of said passenger and prior to the start of said trip, and said rates shall be clearly displayed in the interior of the taxicab or autocab for the benefit and information of the passenger(s).
B. 
Record of fares. The owner of each taxicab or autocab so licensed shall keep or require to be kept a written record of each trip made by said taxicab or autocab, showing the number of daily trips. Such records shall not be destroyed for one year from the date of the trip, shall be kept within said Borough in readily accessible form and shall be accessible at all reasonable hours for inspection by the Borough Administrator of the Borough of Eatontown or its accredited representative or by local, state, federal or military law enforcement agencies.
[Amended 5-26-2010 by Ord. No. 13-2010]
A. 
Soliciting passengers. No taxicab or autocab while waiting for employment by passengers shall stand on any public street or space other than at or upon a taxi stand, nor shall any driver of the taxicab or autocab seek employment by repeatedly driving his taxicab or autocab to and from in a short space before any theater, hall, hotel, pubic resort, railway station or other place of public gathering or otherwise interfere with the orderly access to or egress from a place of public gathering. No driver shall solicit passengers for a taxicab or an autocab. However, a driver who is licensed in the Borough of Eatontown who delivers a passenger to a place of public gathering may pick up a passenger who requests the service of the taxicab or autocab without solicitation for transportation as long as the driver does not interfere with the orderly access to or egress from the place of public gathering or cruise or stand for purposes of waiting for employment by passengers.
[Amended 4-23-2003 by Ord. No. 5-2003]
B. 
Lost property. A driver of a taxicab or autocab who discovers any property lost or left in a taxicab or autocab shall report, in writing, to the Police Department with brief particulars and a description of the property within 24 hours after its finding unless sooner claimed or delivered to the owner.
C. 
Soliciting hotel business. Any licensed driver or operator of a taxicab or autocab in the Borough shall not enter into any agreement or arrangement with the proprietor of any hotel, motel or boardinghouse in the Borough or with any person connected with such hotel, motel or boardinghouse whereby such licensed driver or operator receives any fee, commission or money consideration in return for soliciting patronage for any hotel, motel or boardinghouse or for inducing persons to patronize the same. A licensed driver shall not receive any fee, commission or money consideration for securing patronage for any hotel, motel or boardinghouse.
D. 
Signs. Every taxicab shall have a permanent, illuminated taxi sign and be plainly marked as a taxicab. The illuminated taxi sign shall be in operation when the taxicab is commercially employed.
E. 
Hours of service. Every taxicab or autocab owner shall operate and render service at least 12 hours every day of the week.
F. 
Place of business. Every taxicab or autocab owner shall operate his business from an established place or designated taxi stand.
G. 
[1]Display of license and rates. No taxicab or autocab shall be driven upon the streets in the Borough unless there is displayed within the taxicab or autocab in a manner so as to be conveniently read by any passenger a card containing the maximum rates of fare charged, the name and license number of the operator of the taxicab or autocab and the name, address and front straight view photograph of the driver of the taxicab or autocab.
[1]
Editor's Note: Former Subsection G, Driver's attire, was repealed 5-22-2002 by Ord. No. 13-2002. Said Ord. No. 13-2002 also redesignated former Subsection H as Subsection G.
H. 
Registered employees. All autocab/taxicab drivers who drive for autocab/taxicab companies licensed in the Borough must be properly registered as an employee of the company at which he/she is employed. Each individual autocab/taxicab company licensed to operate in the Borough must report all employees who drive for the company, along with the employee's valid New Jersey driver's license, to the Borough prior to permitting the driver to operate the company's autocabs/taxicabs. An autocab/taxicab company shall be subject to fines and/or penalties as listed in § 296-12 of this chapter if a driver is unlicensed or if a driver is found to be operating the company's autocabs/taxicabs and is not listed as a registered employee of the company.
[Added 11-1-2017 by Ord. No. 06-2017]
I. 
Vehicle cleanliness. All autocabs/taxicabs must be maintained in a safe, clean and sanitary condition for the transportation of passengers.
[Added 11-1-2017 by Ord. No. 06-2017]
J. 
Loitering. No autocab/taxicab driver or vehicle is permitted to loiter within any space prohibited by law or ordinance, or stand or park in a prohibited place soliciting or waiting for new passengers.
[Added 11-1-2017 by Ord. No. 06-2017]
K. 
Improper use of horn. Autocab/taxicab drivers shall not use the horn of their vehicle to alert prospective customers of their arrival or of their availability.
[Added 11-1-2017 by Ord. No. 06-2017]
A. 
Holders. All advertising carried by taxicabs or autocabs shall be placed in standard-type holders presently acceptable and used throughout the taxicab or autocab industry and affixed in such a manner so as not to violate any motor vehicle regulations of the State of New Jersey.
B. 
Professional preparation required. All signs shall be professionally prepared, be neat and attractive in appearance and whenever possible, feature and promote business and activities within the Borough.
[Amended 5-22-2002 by Ord. No. 13-2002; 11-1-2017 by Ord. No. 06-2017]
A. 
Autocab/taxicab drivers. Any autocab/taxicab driver who violates any of the provisions of this chapter shall be subject to fines as follows: the first violation shall have a minimum fine of $250 and up to six months' suspension of the autocab/taxicab driver's license; the second violation shall have a minimum fine of $500 and up to 12 months' suspension the autocab/taxicab driver's license; the third or more violations shall be subject to a fine not to exceed $2,000, a suspension of the autocab/taxicab driver's license for a reasonable term in excess of 12 months, and/or imprisonment in the county jail for a term not exceeding 90 days as set in the discretion of the Municipal Court Judge.
B. 
Autocab/taxicab owners. Any autocab/taxicab owner and/or autocab/taxicab company who violates any of the provisions of this chapter shall be subject to fines as follows: the first violation shall have a minimum fine of $250; the second violation shall have a minimum fine of $500; and the third or more violations shall have a fine not to exceed $2,000 and a suspension and/or a revocation of the autocab/taxicab owner's license for a minimum period of 12 months, and/or imprisonment in the county jail for a term not exceeding 90 days as set in the discretion of the Municipal Court Judge.