[HISTORY: Adopted by the Township Committee of the Township
of Edgewater Park 6-7-2011 by Ord.
No. 2011-5. Amendments noted where applicable.]
The use and operation of taxicabs and autocabs, as defined herein,
shall be in accordance with N.J.S.A. 48:16-1 et seq.
As used in this chapter, the following terms shall have the
meanings indicated:
Limousine or livery service.
Includes the business of carrying passengers for hire by
limousines. 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 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 contained 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.
Any individual, copartnership, association, corporation or
joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
Includes any street, road, avenue, park, parkway, highway
or other public place.
Includes any public vehicle propelled by mechanical power,
commonly called "taxi," engaged in the business of carrying passengers
for hire and which particularly accepts and discharges such passengers
as may offer themselves for transportation from points or places within
the Township. It shall not include taxis that only discharge passengers
within the Township, but shall include taxis that only pick up passengers
within the Township.
A.
Municipal approval. No person shall operate any taxicab and/or autocab
upon any street within the Township of Edgewater Park until the owner
satisfies the licensing requirements set forth hereinafter and receives
consent of the Township Committee.
B.
No person shall operate any taxicab and/or autocab upon any street
within the Township of Edgewater Park unless both the taxicab and
the driver and autocab and driver thereof are licensed pursuant to
the terms of this chapter and conform to all of the provisions hereof
and such person shall have complied with the laws of the State of
New Jersey relating to taxicabs and/or autocabs and/or limousine services.
A.
Every application for a taxicab and/or autocab license shall be made,
in writing, to the Township Clerk and shall set forth the full name
and address of the owner, lessee or bailee of the taxicab and/or autocab
to be licensed, the make and character of taxicab and/or autocab,
the length of time it has been in use, the number of persons said
vehicle is suitable for carrying, the motor and serial number thereof
and the place where it may be inspected by the Township Administrator,
Chief of Police and/or the assigned designee. The applicant for a
taxicab and/or autocab license shall present to the Township Clerk
proof of registration for the vehicle, setting forth the name and
address of the person to whom the vehicle is registered.
(1)
If the applicant is an individual or copartnership, said application
shall state also whether or not the applicant or applicants have ever
been convicted of a crime, and if so, the crime of which he or she
has been convicted, the place of conviction, the date thereof and
the punishment therefor.
(2)
If the applicant is a corporation, said application shall set forth
the names and addresses of its officers, directors or stockholders
and shall also state whether or not said officers, directors or stockholders
have been convicted of a crime, and, if so, the crime of which he
or she has been convicted, the place of the conviction, the date thereof
and the punishment therefor.
C.
There shall be submitted with each application a schedule of the
rates, fees or charges proposed to be made for the use within the
Township of Edgewater Park of such taxicabs and/or autocabs to be
licensed.
No taxicab and/or autocab owner's license or taxicab and/or
autocab driver's license shall be issued to an individual who has
been convicted of a crime involving moral turpitude, or to a copartnership
unless none of whom has been convicted of a crime involving moral
turpitude, or to a corporation unless each of said officers none of
whom has been convicted of a crime involving moral turpitude.
A.
Prior to the issuance of a taxicab license to an applicant under
this chapter, each applicant shall file with the Township Clerk an
insurance policy of a company duly licensed to transact business under
the insurance laws of this state to satisfy all claims pursuant to
N.J.S.A. 48:16-3.
B.
Prior to the issuance of a autocab license to an applicant under
this chapter, each applicant shall file with the Township Clerk an
insurance policy of a company duly licensed to transact business under
the insurance laws of this state to satisfy all claims pursuant to
N.J.S.A. 48:16-14.
A.
The owner of the taxicab shall execute and deliver to the Township
Clerk, concurrently with the filing of a insurance policy or bond
as per N.J.S.A. 48:16-3 and 48:16-4, a power of attorney, wherein
and whereby the owner shall appoint the Chief Financial Officer 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
against the insured by virtue of the indemnity granted under the insurance
policy or bond filed.
B.
The owner of a limousine shall execute and deliver to the Motor Vehicle
Commission, concurrently with the filing of a insurance policy as
per N.J.S.A. 48:16-14, a power of attorney, wherein and whereby the
owner shall appoint the Commissioner of the Motor Vehicle Commission
his 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 filed. Proof of filing shall be submitted concurrently with
the Township Clerk.
[Amended 2-7-2012 by Ord.
No. 2012-1]
Upon the granting of a taxicab and/or autocab license, there shall be issued to the applicant a card setting forth the name and address of the licensee, the number of the license, the make and character of the vehicle licensed, together with the maximum number of passengers to be carried therein at any one time. Said license card shall be signed by the Chief of Police and shall at all times be prominently displayed in the interior of the vehicle so licensed. There shall also be displayed in the interior of said vehicle a statement or schedule of the charges for the use thereof. Any taxicab and/or autocab license issued pursuant to this chapter may be transferred to another vehicle owned or in the custody of the same licensee upon approval of the Township Clerk after proper application is made therefor and payment of a transfer fee as established in Chapter 240, Fees.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Every application for a taxicab and/or autocab driver's license shall be made to the Township Clerk and shall set forth the full name and address of the applicant, date of birth, social security number, whether or not he or she has ever been convicted of a crime, and if so, the crime of which he or she has been convicted, the place of conviction, the date thereof and the punishment therefor. Such applicant shall also furnish his or her driver's license number and satisfactory evidence that said license is not now or has been previously revoked. Each applicant for the taxicab and/or autocab driver's license shall, at the time of filing his application, consent to a criminal history investigation by the New Jersey State Police in order to secure reports from any agency it may deem desirable or necessary with respect to said application. Each applicant for a taxicab and/or autocab driver's license shall file with his or her application three photographs, approximately 1 1/2 inches by 1 1/2 inches, clearly depicting the facial features of the applicant, each of which photographs shall thereupon become the property of the Township and be retained with the application form unless the application shall be granted and the license issued, in which event one of such photographs shall be permanently affixed to the license card issued to said taxicab and/or autocab driver, one shall be retained by the Township Clerk and one shall be delivered to the New Jersey State Police. Each of said photographs shall be signed on the back thereof by the applicant and shall bear the date upon which they were taken, which shall be not more than 30 days prior to the date of the application. A nonrefundable license fee as established in Chapter 240, Fees, shall accompany each application for a taxicab and/or autocab driver's license.
If the application for a taxicab and/or autocab driver's license
shall be granted, there shall be issued to the applicant a license
card setting forth the number of the license, the name and address
of the licensee and his or her age. Said license card shall be signed
by the Chief of Police and shall at all times be permanently displayed
and adequately protected in the interior of any taxicab operated by
the licensee so that the face thereof shall at all times be in full
view of and plainly legible to any person seated on the rear seat
of such taxicab and/or autocab.
Any applicant who is denied a license under this chapter may
appeal to the Township Committee within 10 days of his notification
of denial, at which time the Township Committee will hold a hearing
for the aggrieved party to determine the validity of the denial of
the application, at which time the Township Committee may affirm or
reverse the actions. No application shall be accepted from an applicant
who was denied a license and no license shall be issued to said applicant
unless the condition or conditions have changed sufficient to warrant
a new license. The application shall set forth whether the applicant
has previously filed an application for a license and whether said
license was denied.
Every application for a taxicab and/or autocab owner's license
or taxicab and/or autocab driver's license shall be verified by the
oath of the applicant or of an officer thereof if the applicant is
a corporation.
Every license issued pursuant to the terms of this chapter shall
expire at 12:00 midnight on the 30th day of June of each year, unless
sooner surrendered, suspended or revoked; provided, however, that
if an application for a renewal shall have been filed on or before
June 30, said taxicab and/or autocab may be operated and said taxicab
and/or autocab driver may operate a taxicab, pending the issuance
of a new license or licenses, until the 15th day of July next succeeding.
No license fee payable under this chapter shall be prorated nor shall
any part thereof be refunded for any reason. Applications for a renewal
of any license shall be processed as if an application for a new license.
Every taxicab so licensed shall have printed or marked on both
sides thereof or shall have affixed to the top thereof a sign, light
or device bearing the word "taxi" or "cab" or the name of the operating
owner along with the word "taxi" or "cab" or "taxicab."
The Township Committee, after notice and hearing, may revoke
or suspend any license issued pursuant to this chapter if the licensee
has been once convicted of a crime in this or any other jurisdiction
or has been convicted of being a disorderly person or of a violation
of Title 39, Motor Vehicles and Traffic Regulation, of the Revised
Statutes of New Jersey, or if the licensee violates any provision
of this chapter or has any judgment unsatisfied against him, her or
it arising out of any automobile accident for the space of 30 days,
or if the licensee has made false answers in his, her or its application
for such license or any renewal thereof, or if the licensee has failed
or fails to render reasonably safe, proper or adequate taxicab service,
or if the licensee has not complied fully with all the requirements
of this chapter with respect to such license. Any taxicab driver's
license may be revoked or suspended by the Township Committee, after
notice and hearing, if the licensee has in any degree contributed
to any injury to person or damage to property arising out of the negligent
operation of a motor vehicle, or if said taxicab driver shall have
any communicable or contagious disease. Any taxicab license may be
revoked or suspended by the Township Committee, after notice and hearing,
if the taxicab licensed is dangerous to the safety or health of occupants
or others by reason of unsafe or unsanitary conditions, or if the
financial responsibility of the owner, lessee or bailee has fallen
below the requirements hereinbefore set forth, or if said licensed
taxicab shall be used for any improper, immoral or illegal business
or purpose.
