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Borough of Point Pleasant Beach, NJ
Ocean County
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Table of Contents
Table of Contents
Code
New Laws (16) Index
Prior ordinance history: Ordinance No. 2013-44.
Editor's Note: Ordinance No. 2014-16 provided for auction of one annual taxi license for the period of September 1, 2014, to December 31, 2014. The license may be renewed annually.
[Ord. No. 2014-09; amended 9-6-2022 by Ord. No 2022-22]
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
Borough of Point Pleasant Beach.
DRIVER
Any person who operates a taxi/autocab or LSV within this Borough.
GOVERNING BODY
Mayor and Borough Council of Point Pleasant Beach.
LICENSE
Shall refer to both annual and seasonal licenses to own and/or operate a taxi/autocab or LSV within the Borough of Point Pleasant Beach, as set forth in this chapter.
LOW-SPEED VEHICLE or LSV
A wheeled vehicle with an attainable speed of more than 20 miles per hour but no more than 25 miles per hour on a paved surface. It cannot be powered by gas or diesel fuel and must comply with federal safety standards as noted in 49 CFR 571.500.
LSV LICENSE
Shall refer to a license to own and/or operate a LSV within the Borough, unless otherwise specifically set forth in this chapter.
OPERATION OF A TAXI/AUTOCAB OR LSV
Shall consist of seeking, or accepting, passengers for transportation from points or places within the Borough.
OPERATION
a. 
Shall include a taxi/autocab parked or idling on a Borough street, or accepting a passenger from a point of departure within the Borough.
b. 
Operation of a taxi/autocab or LSV by one other than the owner shall be deemed operation by the owner, as well as operation by the person actually driving the taxi/autocab or LSV.
c. 
The transportation in or through the Borough of any person other than the owner or driver of any motor vehicle bearing signs therein or thereon using the word "taxi," "cab," "autocab," "car service," "hack," "dial a ride," "call a ride," "transport," "transport vehicle," "car service," "shuttle" or "transportation" shall be prima facie evidence of operation.
OWNER
Any person, corporation, business entity or association in whose name title to any taxi/autocab or LSV is registered with the New Jersey Motor Vehicle Commission, or who appears in any governmental records to be the conditional vendee or licensee thereof.
PERSON
Includes any individual, co-partnership, association, corporation, limited-liability company, joint-stock company, and any other entity created pursuant to law, their lessees, trustees, or receivers, appointed by law.
TAXI/AUTOCAB
Includes any automobile commonly called a "taxi," engaged in the business of carrying passengers for hire which is held out, announced, or advertised, to operate or run, or which is operated or run, over any of the streets within the Borough and which accepts or discharges passengers for transportation from points or places to points or places within or outside the Borough. "Taxi/Autocab" shall not include a limousine as defined by N.J.S.A. 48:16-3.
[Ord. No. 2014-09; amended 9-6-2022 by Ord. No 2022-22]
No person shall operate, nor permit the operation of, a taxi/autocab(s) within the Borough of Point Pleasant Beach unless there is a current license in effect for such taxi/autocab in the issuing municipality. No person shall operate, nor permit the operation of, an LSV in the Borough unless the LSV and the driver are licensed by the Borough. It shall be the responsibility of the owner to establish that the taxi/autocab or LSV driver is licensed prior to permitting or allowing that taxi/autocab or LSV driver to operate within the Borough of Point Pleasant Beach.
[Ord. No. 2014-09; Ord. No. 2015-21; amended 9-6-2022 by Ord. No 2022-22]
a. 
All taxi/autocab owners and operators operating within the Borough, except those properly licensed in another municipality of the State of New Jersey who are called to a location in the Borough for pickup or who pick up a fare in another municipality for dropoff in the Borough, or who pick up a fare between the Friday of the Memorial Day weekend and the Tuesday after Labor Day at a taxi stand on or east of Ocean Avenue between Trenton Avenue and Niblick Street between the hours of 10:00 p.m. and 4:00 a.m., shall be licensed in accordance with the provisions of this chapter.
b. 
There are hereby established taxi/autocab licenses in the Borough as follows:
1. 
Annual Taxi/Autocab Owner's License. This license shall entitle the vehicle therein listed and described to be used as a taxi/autocab and operated in this Borough by a driver duly licensed hereunder.
2. 
Annual Taxi/Autocab Driver's License. This license shall entitle the individual named therein to operate within this Borough any taxi/autocab duly licensed hereunder. Such license may only be issued in the name of an individual and not in the name of the business entity.
3. 
Seasonal Taxi/Autocab Owner's License. This license shall entitle the vehicle therein listed and described to be used as a taxi/autocab and operated in this Borough by a driver duly licensed hereunder from May 1 through October 31 of the year in which the license is issued. A taxi/autocab holding a seasonal license shall only pick up passengers at an approved taxi/autocab stand within 200 feet of Ocean Avenue.
4. 
Seasonal Taxi/Autocab Driver's License. This license shall entitle the individual named therein to operate within this Borough any taxi/autocab duly licensed hereunder from May 1 through October 31 of the year in which the license is issued. Such license may only be issued in the name of an individual and not in the name of the business entity. A taxi/autocab driver holding a seasonal license shall only pick up passengers at an approved taxi/autocab stand within 200 feet of Ocean Avenue.
c. 
There shall be a maximum of three taxi/autocab annual and/or seasonal owner's licenses available for issue.
d. 
All newly issued licenses must be awarded through the public bid process in accordance with N.J.S.A. 48:16-2.3 or its successor.
e. 
The recipient of a license issued pursuant to this section, as a condition of the award of such license, shall reimburse the municipality for any costs incurred by the municipality in complying with the public notice requirements, established pursuant to N.J.S.A. 48:16-2.1 or its successor. In the event that more than one taxi license is issued at the same public auction, the recipients thereof shall equally split the costs of reimbursing the municipality for any costs incurred by the municipality in complying with the public notice requirements.
[Ord. No. 2014-16; Ord. No. 2015-23; Ord. No. 2016-03]
a. 
The Borough is hereby authorized to conduct a public auction to sell one annual owner's taxi/autocab license, by sealed bids received in Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey 08742.
b. 
The Municipal Clerk is authorized to advertise for sale of the license in accordance with the N.J.S.A. 48:16-2.1, et seq. Such licenses shall be offered for sale at public auction, after advertising thereof in the Ocean Star and Asbury Park Press.
c. 
All individuals wishing to bid must complete the application for the license required by the Ordinances of the Borough of Point Pleasant Beach and return the application with the bid in a sealed envelope. Only applicants who meet the requirements imposed by statute, ordinance, or other governing law, will have their bids considered.
d. 
The minimum bid is seven thousand five hundred ($7,500.00) dollars. The license to be sold is one of three annual licenses sold by the Borough. The Borough may increase or decrease the number of licenses at any time. The Borough also issues seasonal taxi/autocab owner's licenses.
e. 
Ten percent of the minimum bid price shall be paid to the Municipal Clerk by teller's or certified check at the conclusion of the bidding. The balance shall be paid within 72 hours of the later of (1) Council resolution accepting a bid and (2) issuance of an owner's license pursuant to this section. The Municipal Council reserves the right to reject all bids where the highest bid is not accepted.
f. 
The license to be sold will initially be valid from the date it is issued until December 31, 2016. The license can be renewed annually.
g. 
Any license sold pursuant to this section may not be transferred within two years after sale unless such transfer is approved on the basis of death, disability, serious illness or severe financial hardship by resolution of the Municipal Council.
h. 
The recipient of a taxi license issued pursuant to this section, as a condition of the award of such license, shall reimburse the municipality for any costs incurred by the municipality in complying with the public notice requirements established pursuant to section 1 of P.L.2011, c.135 (C.48:16-2.1).
[Added 9-6-2022 by Ord. No. 2022-22]
a. 
All LSV owners and operators operating within the Borough shall be licensed in accordance with the provisions of this subsection.
b. 
There are hereby established LSV licenses in the Borough as follows:
1. 
Annual LSV Owner's License. This license shall entitle the vehicle therein listed and described to be used as an LSV and operated in this Borough by a driver duly licensed hereunder.
2. 
Annual LSV Driver's License. This license shall entitle the individual named therein to operate within this Borough any LSV duly licensed hereunder. Such license may only be issued in the name of an individual and not in the name of the business entity.
3. 
Seasonal LSVs Owner's License. This license shall entitle the vehicle therein listed and described to be used as a taxi/autocab and operated in this Borough by a driver duly licensed hereunder from May 1 through October 31 of the year in which the license is issued. A taxi/autocab holding a seasonal license shall only pick up passengers at an approved taxi/autocab stand within 200 feet of Ocean Avenue.
4. 
Seasonal LSV Driver's License. This license shall entitle the individual named therein to operate within this Borough any taxi/autocab duly licensed hereunder from May 1 through October 31 of the year in which the license is issued. Such license may only be issued in the name of an individual and not in the name of the business entity. A taxi/autocab driver holding a seasonal license shall only pick up passengers at an approved taxi/autocab stand within 200 feet of Ocean Avenue.
c. 
There shall be a maximum of three LSV annual and/or seasonal owner's licenses available for issue.
d. 
All newly issued licenses must be awarded through the public bid process in accordance with N.J.S.A. 48:16-2.3 or its successor.
e. 
The recipient of a license issued pursuant to this subsection, as a condition of the award of such license, shall reimburse the municipality for any costs incurred by the municipality in complying with the public notice requirements, established pursuant to N.J.S.A. 48:16-2.1 or its successor. In the event that more than one license is issued at the same public auction, the recipients thereof shall equally split the costs of reimbursing the municipality for any costs incurred by the municipality in complying with the public notice requirements.
[Added 9-6-2022 by Ord. No. 2022-22]
a. 
The Borough is hereby authorized to issue up to two owner's LSV licenses for the remainder of the 2022 calendar year at no charge. These licenses may not be renewed.
b. 
The Borough is hereby further authorized to conduct a public auction to sell up to three annual and/or seasonal owner's LSV licenses for each and every calendar year thereafter, beginning with the calendar year 2023, by sealed bids received in Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey 08742.
c. 
The Municipal Clerk is authorized to advertise for sale of the LSV owner's licenses in accordance with N.J.S.A. 48:16-2.1 et seq. Such licenses shall be offered for sale at public auction, after advertising thereof in the Ocean Star and Asbury Park Press.
d. 
All individuals wishing to bid must complete the application for the license required by the Ordinances of the Borough of Point Pleasant Beach and return the application with the bid in a sealed envelope. Only applicants who meet the requirements imposed by statute, ordinance, or other governing law will have their bids considered.
e. 
The minimum bid is $1,000. The licenses to be sold are three annual LSV licenses sold by the Borough. The Borough may increase or decrease the number of licenses at any time. The Borough also issues annual and seasonal taxi/autocab owner's licenses.
f. 
Ten percent of the minimum bid price shall be paid to the Municipal Clerk by teller's or certified check at the conclusion of the bidding. The balance shall be paid within 72 hours of the later of (1) Council resolution accepting a bid and (2) issuance of an owner's license pursuant to this section. The Municipal Council reserves the right to reject all bids where the highest bid is not accepted.
g. 
The license to be sold will initially be valid from the date it is issued until December 31, 2023.
h. 
The recipient of an LSV license issued pursuant to this section, as a condition of the award of such license, shall reimburse the municipality for any costs incurred by the municipality in complying with the public notice requirements established pursuant to Section 1 of P.L. 2011, c. 135 (N.J.S.A. 48:16-2.1).
[Ord. No. 2014-09; amended 9-6-2022 by Ord. No 2022-22]
a. 
Each applicant for the issuance or renewal of a license shall supply, in full, the information requested on the application forms approved by the Borough Administrator and obtained from the Borough Clerk, and shall verify the correctness thereof by certification. The completed application must be filed with the Borough Clerk, together with the fee hereinafter fixed.
b. 
Applications for licenses shall be filed with the Borough Clerk. Such applications can be made at any time, but no taxi/autocab or LSV shall be operated in the Borough until both the taxi/autocab or LSV and the driver are licensed.
[Ord. No. 2014-09 § 5; Ord. No. 2014-18; Ord. No. 2015-21]
a. 
Each applicant for an annual taxi/autocab owner's license and each applicant for a seasonal taxi/autocab owner's license must meet all of the following requirements to be considered for issuance of a license:
1. 
Be an individual of the age of twenty-one (21) years or over, or an entity created pursuant to law and authorized to transact business in the State of New Jersey, who has at least one individual with an equity interest who meets this age requirement.
2. 
Provide the number of vehicles to be operated or controlled by the applicant and the location of any proposed depots or terminals.
3. 
Provide the previous experience of the applicant in the transportation of passengers for hire, including the name of any other state or municipality where the applicant has ever been licensed to operate a taxi/autocab, whether his license was ever suspended or revoked, or his application for the issuance or renewal of a license denied, and the reasons for the denial, suspension or revocation.
4. 
Submit appropriate evidence as to the applicant's good character and business and financial responsibility so that an investigator will be able to properly evaluate it.
5. 
Fully complete an application form provided by the Borough Clerk, which shall be signed and sworn to, or certified by, the applicant and filed with the Borough Clerk as a permanent record.
6. 
Consent to and submit to a State and Federal criminal history check, either by fingerprinting or live scan through Morphotrak, Inc. (a private company under contract with the State of New Jersey) or other vendor under contract at the time, at the Borough's sole discretion, which shall be forwarded to the Borough at the cost and expense of the applicant.
7. 
Provide Insurance as follows:
(a) 
Each applicant for a taxi/autocab owner's license shall insure each taxi/autocab with at least a $100,000.00 Combined Single Limit Policy.
(b) 
Proof of such insurance covering the taxi/autocab sought to be licensed as required by N.J.S.A. 48:16-3 through N.J.S.A. 48:16-9, shall be submitted with the application.
(c) 
Each applicant shall then and thereafter comply with all of the provisions of N.J.S.A. 48:16-1 et seq., as well as the acts amendatory thereof or supplemental thereto.
8. 
Provide any other appropriate information the Governing Body of the Borough of Point Pleasant Beach may, by resolution, require.
[Added 9-6-2022 by Ord. No. 2022-22]
Each applicant for an annual LSV owner's license must meet all of the following requirements to be considered for issuance of a license:
a. 
Be an individual of the age of 21 years or over, or an entity created pursuant to law and authorized to transact business in the State of New Jersey, who has at least one individual with an equity interest who meets this age requirement.
b. 
Provide the number of vehicles to be operated or controlled by the applicant and the location of any proposed depots or terminals.
c. 
Provide the previous experience of the applicant in the transportation of passengers, including the name of any other state or municipality where the applicant has ever been licensed to operate a LSV, whether his license was ever suspended or revoked, or his application for the issuance or renewal of a license denied, and the reasons for the denial, suspension or revocation.
d. 
Submit appropriate evidence as to the applicant's good character and business and financial responsibility so that an investigator will be able to properly evaluate it.
e. 
Fully complete an application form provided by the Borough Clerk, which shall be signed and sworn to, or certified by, the applicant and filed with the Borough Clerk as a permanent record.
f. 
Consent to and submit to a state and federal criminal history check, either by fingerprinting or live scan through Morphotrak, Inc. (a private company under contract with the State of New Jersey) or other vendor under contract at the time, at the Borough's sole discretion, which shall be forwarded to the Borough at the cost and expense of the applicant.
g. 
Provide insurance as follows:
1. 
Each applicant for an LSV owner's license shall insure each LSV with at least a $250,000 combined single limit policy.
2. 
Proof of such insurance covering the LSV sought to be licensed as described by N.J.S.A. 48:16-3 through N.J.S.A. 48:16-9 shall be submitted with the application.
3. 
Each applicant shall then and thereafter comply with all of the provisions of N.J.S.A. 48:16-1 et seq., as well as the acts amendatory thereof or supplemental thereto.
h. 
Provide any other appropriate information the governing body of the Borough of Point Pleasant Beach may, by resolution, require.
[Ord. No. 2014-09; amended 9-6-2022 by Ord. No 2022-22]
Each applicant for a taxi/autocab or LSV driver's license and each applicant for a seasonal taxi/autocab driver's license must meet all of the following requirements to be considered for issuance of a license:
a. 
Be of the age of 21 years, or over.
b. 
Submit a list of all places where the applicant has ever applied for or been granted a license to drive a taxi/autocab or LSV.
c. 
Possess a valid New Jersey driver's license and provide the number of the applicant's valid New Jersey motor vehicle operator's license.
d. 
Provide a statement as to whether the applicant's license to operate a motor vehicle or his license to drive a taxi/autocab or LSV has ever been suspended or revoked, or his application for the issuance or renewal of either license denied and, if so, the date and place of the denial, suspension or revocation and the reasons for it.
e. 
Provide the names and addresses of all persons by whom the applicant has been employed for the past five years, the position held, and the nature of the work performed
f. 
Submit three photographs at least two inches by two inches clearly showing the head and shoulders of the applicant.
g. 
Submit a completed medical examiner's certificate required under 49 C.F.R. 391.41 through 391.49 to the Borough from a licensed physician stating that the applicant has been examined within 60 days of the date of the application and is fit for the safe operation of a taxi/autocab or LSV.
h. 
Fully complete an application form provided by the Borough Clerk, which shall be signed and sworn to or certified by the applicant and filed with the Borough Clerk as a permanent record.
i. 
Consent to and submit to a state and federal criminal history check, either by fingerprinting or live scan through Morphotrack, Inc. (a private company under contract with the State of New Jersey) or other vendor under contract at the time, at the Borough's sole discretion, which shall be forwarded to the Borough at the cost and expense of the applicant.
j. 
Apply to the New Jersey Motor Vehicle Commission for a certified driver history abstract, which shall be forwarded to the Borough at the cost and expense of the applicant.
k. 
Provide any other appropriate information the governing body of the Borough of Point Pleasant Beach may, by resolution, require.
[Ord. No. 2014-09 § 7; Ord. No. 2017-03]
a. 
Upon notification by the Borough Clerk of satisfactory fulfillment of the foregoing requirements, the Governing Body shall either grant or deny the license application, unless the Governing Body returns or holds over the application for further investigation.
b. 
Any license issued pursuant to this Chapter shall be valid for 12 consecutive months from the date of issuance, and shall not be transferable. In the event that an annual taxi/autocab owner's license expires and is not renewed, any and all taxicab licenses and taxicab driver's licenses issued in connection therewith shall simultaneously expire.
[Ord. No. 2014-09; amended 9-6-2022 by Ord. No 2022-22]
a. 
The annual fee for each annual taxi/autocab or LSV owner's license and each seasonal taxi/autocab owner's license hereafter issued, or any renewal thereof, shall be $100 for the first annual taxi/autocab or LSV owner's license or seasonal taxi/autocab owner's license and $25 for each additional vehicle sought to be licensed by the same owner. The license is not transferable and is granted to a specific vehicle. If such vehicle is sold or conveyed during the license year, the owner may apply to the Borough for a substitute for the remainder of the license period.
b. 
The annual fee for each annual taxi/autocab or LSV driver's license and each seasonal taxi/autocab driver's license hereafter issued, or any renewal thereof, shall be $100 for each year, or portion of a year, for which the license is issued or renewed.
c. 
In the event a person issued a taxi/autocab or LSV owner's license also makes application for a taxi/autocab or LSV driver's license, the license fee of $100 will be waived if the taxi/autocab owner also happens to be the designated driver of that particular licensed taxi/autocab or LSV.
[Ord. No. 2014-09; amended 9-6-2022 by Ord. No 2022-22]
a. 
The governing body may, in its discretion, refuse to issue or renew, or may, after notice and a hearing before the governing body, revoke or suspend, any annual taxi/autocab or LSV owner's or driver's license and/or seasonal taxi/autocab driver's and/or owner's license issued hereunder:
1. 
If the applicant or licensee has been convicted of a crime in this or any other jurisdiction; or
2. 
If the applicant or licensee violates any provision of this chapter; or
3. 
If the applicant or licensee has not complied fully with all of the requirements of this chapter; or
4. 
If the motor vehicle licensed, or to be licensed, has unsafe or unsanitary conditions, or is otherwise dangerous to the safety or health of the occupants or others; or
5. 
If the policy of insurance required by N.J.S.A. 48:16-3 through N.J.S.A. 48:16-9 and this chapter lapses, or such coverage is not maintained at all times; or
6. 
If the applicant or licensee has in any degree contributed to any injury to any person, or damage to property, arising out of reckless operation of a motor vehicle pursuant to N.J.S.A. 39:4-96, or out of the reckless operation of an LSV.
b. 
A person shall be disqualified from owning, operating, or driving a taxi/autocab or LSV if a criminal history record background check as required by this chapter reveals a record of conviction of any of the following crimes:
1. 
In New Jersey, or elsewhere, any crime as follows: aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault or endangering the welfare of a child pursuant to N.J.S.A. 2C:24-4, whether or not banned with or having in his possession any weapon enumerated in Subsection r. of N.J.S.A. 2C:39-l, a crime pursuant to the provisions of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4, or N.J.S.A. 2C:39-9, or, other than a disorderly persons or petty disorderly persons offense, for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.A. 2C:35-2.
2. 
In any other state, territory, commonwealth, or other jurisdiction of the United States, or any country in the world, as a result of a conviction in a court of competent jurisdiction, a crime which in that other jurisdiction or country is comparable to one of the crimes enumerated in Paragraph 1 of this subsection.
c. 
If a person who has been convicted of one of the crimes enumerated in Paragraphs b.1 and 2 of this subsection can produce a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8 or, if the criminal offense occurred outside New Jersey, an equivalent certificate from the jurisdiction where the criminal offense occurred, the criminal offense shall not disqualify the applicant from operating or driving a taxi/autocab or LSV.
d. 
An owner's license may be suspended or revoked if the vehicle is not in a safe condition for the transportation of passengers, not kept in conformity with the terms of this chapter, if used or permitted to be used for any improper, immoral or illegal businesses or purposes, or for the violation of any statute or law of the state of New Jersey or the United States, or for the violation of any of the provisions of this chapter or any rules and regulations duly adopted thereunder.
e. 
A taxi/autocab or LSV driver's license may be suspended or revoked for a violation of any state or federal statute or any of the provisions of this chapter or any rules and regulations made by the Chief of Police or whenever in his or her judgment the promotion of the public life, health, morals or safety will be affected. Any such suspension shall be noted on the license, together with a statement of the reasons.
[Ord. No. 2014-09; amended 9-6-2022 by Ord. No 2022-22]
a. 
No taxi/autocab or LSV shall be operated in the Borough unless the taxi/autocab or LSV driver's license (including photograph identification) of the person operating the taxi/autocab is prominently displayed and open to view of passengers in accordance with reasonable procedures of the Borough provided by way of written notice to the licensee from the Chief of Police or his or her designee.
b. 
The certificate of insurance required by N.J.S.A. 48:16-6 and/or this chapter shall likewise be prominently displayed in accordance with reasonable procedures of the Borough provided by way of written notice to the licensee from the Chief of Police or his or her designee.
c. 
The taxi/autocab or LSV license holder shall adhere to the contents of each of the above notices within seven calendar days of the date of the notice.
[Ord. No. 2014-09; amended 9-6-2022 by Ord. No 2022-22]
a. 
Every taxi/autocab operating within the Borough shall have affixed or painted on both sides thereof the words "taxi" or "cab" in letters at least six inches high, or the name of the operating owner containing the words "taxi" or "cab" or "taxicab," as well as the business telephone number.
b. 
Every LSV operating within the Borough shall have affixed or painted on both sides thereof the word "shuttle" or "LSV" in letters at least six inches high, or the name of the operating owner containing the word "shuttle" or "LSV," and a business telephone number.
c. 
Every taxi/autocab or LSV required to be licensed under this chapter operating within the Borough shall display a visual identification symbol, the design, specification, and contents of same to be determined in the sole discretion of the Borough, by way of a decal, magnetic device, placard or other method which will identify the vehicle as properly and currently licensed.
d. 
The method of display shall be as determined by the Borough Police Department and communicated in writing to the taxi/autocab or LSV license holder. The taxi/autocab license holder shall adhere to the contents of said notice within seven calendar days of the date of the notice.
e. 
The Borough may elect to require that the visual identification symbol be made and then affixed to the licensed vehicle by a vendor or vendors of the Borough's designation, all such costs for such production and affixing to the licensed vehicle to be paid by the licensee.
[Ord. No. 2014-09; amended 9-6-2022 by Ord. No 2022-22]
a. 
No taxi/autocab, while waiting for employment by passengers, shall be on any public street or space other than that at, or upon, a taxi/autocab stand designated or established in accordance with the Ordinances of the Borough of Point Pleasant Beach, nor shall any driver seek employment by repeatedly and persistently driving his or her taxi/autocab to and from, in a short space, before, in front of, or by, any theater, hall, hotel, public resort, railroad station or other place of public gathering, or otherwise operate any taxi/autocab so as to interfere with the proper and orderly access to, or egress from, any such theater, hall, hotel, public resort, railroad station or other place of public gathering.
b. 
No driver shall solicit passengers for a taxi/autocab except when sitting upon the driver's seat, nor shall any driver of a taxi/autocab solicit employment in the transportation of passengers by driving through any public street or public place at a slow rate of speed commonly designated as "cruising." No taxi/autocab shall stop except 1) to receive or drop off passengers or 2) in response to a traffic signal, or the direction of a police officer. No taxi/autocab having stopped, as authorized by of this section, shall remain stopped for longer than necessary to receive or discharge passengers and in any case not longer than five minutes.
c. 
If more than one taxi/autocab arrives to pick up passengers from a taxi/autocab stand, the taxi/autocabs shall form a line behind the first cab to arrive. Each cab must agree to transport the next passenger in line at the taxi/autocab stand. Any taxi/autocab failing to agree to transport the next passenger in line, in addition to any other penalty imposed by law, shall go to the end of the taxi/autocab cab line as if they had just arrived. Any taxi/autocab refusing to transport the next passenger in line may, in the sole discretion of the Chief of Police or his designee, be prohibited from operating in the Borough for the next eight consecutive hours.
d. 
All persons shall be picked up or discharged at the curb, or in off-street areas designated by business establishments for the use of their patrons, and the taxi/autocab shall at no time interfere with traffic on any roadway. Nothing herein shall preclude commercial establishment locations to establish pick-up areas in parking lots.
e. 
No vehicle covered by the terms of this chapter is licensed if it uses or imitates any color scheme, name, monogram or insignia used by any other person operating a taxi/autocab or taxi/autocabs.
f. 
Any taxi/autocab licensed issued under the terms of this chapter is subject to suspension or revocation by the governing body if any change is made with regard to the color scheme, name, monogram or insignia of any vehicle, in any manner tending to deceive or defraud the public.
g. 
No driver of a taxi/autocab may induce any person to employee him or her by knowingly misinforming or misleading such person either as to the time or place of the arrival or departure of any train or boat, or as to the location of any hotel, public place, or private residence within the Borough, or as to the distance between any two points, nor shall any driver deceive any person or make any false representation to him or her or convey any passenger to any other place or over any route other than that to which the passenger may have instructed the driver to go. Unless otherwise ordered, passengers are conveyed only over the most practical, direct route to their destination.
[Added 9-6-2022 by Ord. No. 2022-22]
a. 
No LSV shall be operated unless it complies with federal safety standards as noted in 49 CFR 571.500.
b. 
No LSV can be powered by gas or diesel fuel.
c. 
All LSVs must obey road signs prohibiting use even on lower speed roads.
d. 
All LSVs must have a seventeen-digit Vehicle Identification Number.
e. 
All child restraints in LSVs must meet the same standards as those used in passenger vehicles.
f. 
No LSV shall be operated on any street or roadway owned by the Borough where the speed limit is in excess of 25 miles per hour.
g. 
No LSV shall be operated on any street or roadway owned by the county or state where the speed limit is in excess of 25 miles per hour unless the county or state, as the case may be, expressly permits such operation in writing after voting to approve said operation.
h. 
No LSV shall be operated at a speed above 25 miles per hour.
i. 
All passengers shall be picked up and dropped off in front of a destination of an arriving or departing passenger.
j. 
No LSV shall permit passengers to alight from or get on a moving LSV.
k. 
No LSV shall stop to pick up passengers in the travel lane of a street, nor allow passengers to get on in the LSV while in a travel lane. All pickups and dropoffs will be at a curbline.
l. 
No LSV shall operate so as to interfere with the proper and orderly access to, or egress from, any theater, hall, hotel, public resort, railroad station or other place of public gathering.
m. 
If the LSV has only one license plate, it must be put on the rear of the vehicle.
n. 
All LSVs must meet all federal and state requirements, including being equipped with:
1. 
Headlamps;
2. 
Front and rear turn signal lamps;
3. 
Tail lamps;
4. 
Stop lamps;
5. 
Red reflex reflectors: one on each side as far to the rear as possible and one on the rear of the vehicle;
6. 
An exterior mirror mounted on the driver's side of the vehicle and either an exterior or interior mirror mounted on the passenger's side;
7. 
A parking brake;
8. 
A windshield that meets FMVSS 205;
9. 
A Vehicle Identification Number (VIN); and
10. 
A Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209, installed at each designated seating position.
State requirements
11. 
Adequate brakes to control the movement of the vehicle;
12. 
An odometer;
13. 
A speedometer;
14. 
The original manufacturer's VIN die-stamped on the body and/or frame, engine or motor of the vehicle; and
15. 
A safety information decal provided by the manufacturer which must be in a conspicuous place on the rear of the vehicle displaying "25 mph Vehicle."
o. 
No LSV driver shall solicit passengers for a LSV except when sitting upon the driver's seat, nor shall any driver of a LSV solicit the transportation of passengers while driving through any public street or public place.
p. 
No LSV shall stop except 1) to receive or drop off passengers or 2) in response to a traffic signal, or the direction of a police officer. No LSV having stopped, as authorized by this section, shall remain stopped for longer than necessary to receive or discharge passengers and in any case not longer than five minutes.
q. 
If more than one LSV arrives to pick up passengers, the LSVs shall form a line behind the first to arrive. Each LSV must agree to transport the next passenger in line at the LSV stand. Any LSV failing to agree to transport the next passenger in line, in addition to any other penalty imposed by law, shall go to the end of the LSV line as if they had just arrived. Any LSV refusing to transport the next passenger in line may, in the sole discretion of the Chief of Police or his designee, be prohibited from operating in the Borough for the next 8 consecutive hours.
r. 
All persons shall be picked up or discharged at the curb, or in off-street areas designated by business establishments for the use of their patrons, and the LSV shall at no time interfere with traffic on any roadway. Nothing herein shall preclude commercial establishment locations to establish pick-up areas in parking lots.
s. 
No driver of a LSV may induce any person to use their service by knowingly misinforming or misleading such person either as to the time or place of the arrival or departure of any train or boat, or as to the location of any hotel, public place, or private residence within the Borough, or as to the distance between any two points, nor shall any driver deceive any person or make any false representation to him or her or convey any passenger to any other place or over any route other than that to which the passenger may have agreed.
[Ord. No. 2014-09; amended 9-6-2022 by Ord. No 2022-22]
No holder of a seasonal owner's or driver's license shall pick up, or allow the pick-up of, passengers at other than an approved taxi/autocab stand located within 200 feet of Ocean Avenue.
[Ord. No. 2014-09; amended 9-6-2022 by Ord. No 2022-22]
a. 
The Borough of Point Pleasant Beach may designate the location and size of any taxi/autocab stand in accordance with state law and pursuant to the Ordinances of the Borough of Point Pleasant Beach. Only taxi/autocabs and LSVs and taxi/autocab and LSV drivers licensed by the Borough under this chapter may utilize a taxi/autocab stand in the Borough.
b. 
No person shall sit idle, park, or operate in a designated taxi/autocab stand for any other purpose except to pick up or discharge passengers.
c. 
A designated taxi/autocab stand may only be occupied by a taxi/autocab or LSV and driver licensed by the Borough in accordance with this chapter.
d. 
No person shall leave any vehicle unoccupied at any designated taxi/autocab stand.
e. 
A taxi/autocab stand shall allow a person the opportunity to find transportation services in an expeditious, unbiased, nondiscriminatory and courteous manner. No passenger may be denied transportation by any taxi/autocab or LSV occupying any portion of a designated taxi/autocab stand, provided that said passenger has the ability to meet the terms, fare or fee for the service to be rendered. Call-ahead or pre-arranged pick-ups may not be picked up from any designated taxi/autocab stand.
f. 
Temporary taxi/autocab stand. The ranking or senior Borough police officer on duty may, in the event the number of people at any location seeking transportation from taxi/autocabs creates or may create a safety concern and/or may create a disturbance of the peace, may establish a temporary taxi/autocab stand at any public location, such temporary taxi/autocab stand to be designated by temporary traffic signs or other traffic devices, identifying the temporary taxi/autocab stand. The provisions of the Ordinances of the Borough of Point Pleasant Beach applicable to taxi/autocab stands shall be applicable to temporary taxi/autocab stands.
[Ord. No. 2014-09; amended 9-6-2022 by Ord. No 2022-22]
a. 
Any person violating any of the provisions of this chapter shall, upon conviction of a first offense, be subject to a fine not to exceed $250; on conviction of a second offense be subject to a fine not to exceed $500; and for a third or subsequent offense be subject to a fine of $2,000 and/or be subject to a term of imprisonment not exceeding 90 days in the County Jail, or in any other place provided by the municipality for the detention of prisoners, or both.
b. 
Any entity violating any of the provisions of this chapter shall, upon conviction, pay a fine of not less than $500 or more than $2,000.
c. 
In addition to any fine or penalty imposed by law, any taxi/autocab or LSV that picks up a passenger or passengers from a place other than as permitted by law may, upon commission of a second offense, in the sole discretion of the governing body, have their license suspended or revoked.
d. 
Nothing herein shall preclude the prosecution of any such violation under Title 48 and/or Title 2C and/or any other of the New Jersey Statutes, nor restrain or prohibit the governing body from suspending or revoking any license issued hereunder in accordance with the provisions of this chapter.
e. 
Every driver of a taxi/autocab or LSV at the beginning and end of his tour shall carefully search the cab for any property lost or left in it. Any lost property not claimed by, or delivered to, the owner within 24 hours shall be reported in writing to the Chief of Police by the driver or owner of the taxi/autocab or LSV. The report shall give a brief description of the property.