Article I was adopted in entirety by Ord. No. 3066. Prior source history includes 2000 Code §§ 8-1–8-13.3, Ord. Nos. 2403, 2406, 2416, 2439, 2539, 2592, 2622, 2693, 2753, 2808, 2879
[Ord. No. 3066]
As used in this chapter:
shall mean a person who drives a for-hire affiliated vehicle
and who is required to be licensed by the City.
shall mean a person seeking a license from the City of Asbury
Park to drive a taxi or livery in the City.
shall mean a place of business from which for-hire vehicles
are dispatched.
shall mean any individual, partnership or corporation licensed
by the City to own and operate a base.
shall mean the City of Asbury Park.
shall mean the driving of an empty taxi along a public street
at a slow rate of speed for the obvious purpose of soliciting passengers.
shall mean an instruction to a driver by a base to provide
transportation to a passenger who has previously arranged for such
transportation with the base.
shall mean a record kept at all times of the operation by
the dispatcher. Information includes trips assigned to drivers, times,
dates, identification numbers and any other information required by
the City.
shall mean a person who drives a for-hire vehicle and who
is required to be licensed by the City.
shall mean a taxicab authorized to accept passengers for
hire pursuant to the Code of the City of Asbury Park.
shall mean a for-hire vehicle designed to carry fewer than
six (6) passengers, which charges for service on the basis of flat
rate, time, mileage or zones and has a DMV Livery License Plate, is
radio dispatched and may not pick up street hails.
shall mean the address designated for the mailing of all
notices and correspondence from the City and for issuance of summonses.
shall mean the official number issued by the City, to each
vehicle, be it taxi or livery.
shall mean a person who has engaged a for-hire vehicle for
the purpose of being transported to a destination or a person who
is awaiting the arrival of a dispatched for-hire vehicle.
shall mean the Asbury Park Police Department and its officers.
shall mean a section of a public street or public place set
apart for the exclusive use of a limited number of taxis 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.
shall mean a person seeking to renew a taxi or livery drivers
license within the time period established by the City.
shall mean any working apparatus attached to the roof of
a vehicle, or extending above the roof line of a vehicle, which shall
be of one-piece solid and can only have the company name and phone
number on it. Taxis that have DMV Omnibus Plates must have a roof
lighted sign.
shall mean a base owner who is licensed by the City and has
entered into an agreement with the prospective driver, who, if licensed
by the City, will be affiliated with said base for a stated period
of time.
shall mean a vehicle used in the business of transportation
of passengers for hire within the City. These vehicles may pick up
street hails, and/or use any designated taxi stand and must have DMV
Omnibus license plates.
shall mean a document, also known as a trip sheet, carried
by a taxi or livery driver, setting forth the origin and destination
of each trip as well as other information required by the City.
[Ord. No. 3066]
No vehicle shall be hired out or operated as a taxi within the
City without the owner first having obtained a license for that purpose.
Taxi companies located outside of the City that operate taxis not
licensed under this Chapter must provide proof at the request of the
Police that they were called directly by a customer seeking taxi service
by providing the name(s) and phone number(s) of the person(s) requesting
taxi service, and failure to do so is a violation of this Chapter.
[Ord. No. 3066]
Application for a license to operate a vehicle as a taxi or
livery shall be made annually by the owner, lessee, or bailee upon
a form to be furnished by the City Clerk. The application shall contain
but not be limited to, 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 (4) passengers.
[Ord. No. 3066]
The annual fee for a license for an owner of a vehicle to operate the vehicle as a taxi or livery is one hundred twenty-five ($125.00) dollars, irrespective of when during the year the license is sought, to provide for the cost of administering and enforcing this Chapter. The fee for a taxi or livery driver's license under this Chapter is set forth below in section 8-3.2.
[Ord. No. 3066]
The City Clerk shall review all applications for use of vehicles
as taxis or liveries.
a.
In those cases where the license has been approved, the City Clerk
shall provide the licensee with a card containing the name of the
applicant, a front two (2) inch by two (2) inch straight view photograph
of the applicant, the City license number, a notice that in case of
any complaint they should notify the City Clerk in writing and the
rate of fares under which the taxi or livery is operated. There shall
be three (3) numbered decals issued to be placed on each front door
and the trunk. The license shall be valid for the remainder of the
calendar year for which it is issued, and shall expire on December
31 of that year.
b.
In those cases where the license has been denied, the applicant shall
be afforded the opportunity for a hearing before the Chief of Police,
as the case may be, or his/her designee. Any request for hearing must
be made within ten (10) days of the applicant's receipt of written
notice of denial from the City. At the hearing, the applicant shall
have the right to be represented by counsel and will be afforded the
opportunity to testify himself or to present witnesses, to cross-examine
witnesses and, at his or her own expense, have a stenographic record
made of the proceedings. Following the hearing, the determination
by the Chief of Police, as the case may be, or his/her designee, shall
be final.
[Ord. No. 3066]
a.
The owner of a licensed taxicab shall not sell, lease, transfer or
in any other manner dispose of a license without the permission of
the City Clerk, nor shall any owner of the licenses hire out or lease
a vehicle to any driver or any other person for use within the City
for a stipulated sum over a definite period of time.
b.
Any license issued may be transferred with the payment of a transfer
fee of one hundred ($100.00) dollars upon obtaining the approval of
the City Clerk.
c.
Any new or replacement vehicle must be inspected before any license
will be transferred.
[Ord. No. 3066]
a.
No license shall be issued to operate a taxi or livery, and no person
shall operate a taxi or livery unless the applicant complies with
provisions of N.J.S.A. 48:16-1, et seq.
b.
If notice is provided to the City Clerk that the insurance coverage
has been revoked or suspended, the City Clerk shall notify the taxi
or livery owner forthwith and he or she shall immediately surrender
the license to the Chief of Police as the case may be, or his or her
designee. If notice is provided to the owner of the taxi or livery
that the insurance coverage has been revoked or suspended, the taxi
or livery shall immediately cease operating and the City Clerk shall
be notified forthwith.
[Ord. No. 3066]
No vehicle shall be hired out or operated as a taxi within the
City without the driver first having obtained a license for that purpose.
Drivers from taxi companies located outside of the City that operate
taxis not licensed under this Chapter must provide proof at the request
of the Police that they were called directly by a customer seeking
taxi service by providing the name(s) and phone number(s) of the person(s)
requesting taxi service, and failure to do so is a violation of this
Chapter.
[Ord. No. 3066]
The annual license fee for each driver of a taxi or livery is
fifty ($50.00) dollars, irrespective of when during the year the license
is sought, to provide for the cost of administering and enforcing
this Chapter.
[Ord. No. 3066]
All applicants for a taxi or livery driver's license shall meet
all of the following requirements:
a.
Be twenty-one (21) years of age or over.
b.
Maintain in good standing a valid and unconditional/non-provisional
State of New Jersey Motor Vehicle license, and have no more than eight
(8) New Jersey State Division of Motor Vehicle points on his or her
driving record, or the equivalent if licensed in any other state.
c.
Must not have been convicted, within three (3) years prior to the
date of the application, of reckless driving, leaving the scene of
an accident or driving more than thirty (30) miles per hour above
the speed limit, and must not have been convicted within five (5)
years prior to the date of the application of driving while intoxicated.
d.
Present the required doctor's physical form obtained from the City
Clerk certifying that he or she has been examined within the last
thirty (30) day period and that he or she is of sound physique with
good eyesight and not subject to epilepsy, vertigo, heart trouble
or any other infirmity of the body or mind which make him or her unfit
for the safe operation of a vehicle.
e.
Never have been convicted of a crime (not including a disorderly
persons or petty disorderly persons offense) or engaged in conduct
in any other State or jurisdiction, which if committed in New Jersey,
would constitute any of the crimes identified in paragraphs 1. through
4. below, within ten (10) years of the date of submission of the initial
application as identified below. A criminal background check shall
be conducted by the Chief of Police as the case may be, or his or
her designee, in accordance with N.J.S.A. 48:16-3b.
1.
Any crime involving a danger to the person meaning those crimes set
forth in N.J.S.A. 2C:11-1, et seq. (criminal homicide), N.J.S.A. 2C:12-1,
et seq. (assault; reckless endangering; threats); N.J.S.A. 2C:13-1,
et seq. (kidnapping and related offenses); N.J.S.A. 2C:14-1, et seq.
(sexual offenses); or N.J.S.A. 2C:15-1, et seq. (robbery); or
2.
Any crime (not including disorderly persons offenses) against the
family, children or incompetents, meaning those indictable offenses
set forth in N.J.S.A. 2C:24-1, et seq.; or
3.
Any crime (not including disorderly persons offenses) involving theft and related offenses as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; or
4.
Any crime (not including disorderly persons offenses) involving any
controlled dangerous substance or controlled substance analog as set
forth in Chapter 35 of Title 2C of the New Jersey Statutes.
f.
If a person who has been convicted of a crime listed above can produce
a certificate of rehabilitation issued pursuant to N.J.S.A. 2A:168A-8,
or an equivalent certificate from the jurisdiction where the criminal
offense occurred if the criminal offense occurred outside of New Jersey,
then the criminal offense shall not disqualify the applicant from
operating a taxi or livery within the City.
g.
Complete a form furnished by the City Clerk his or her full name,
residence, places of residence for the preceding five (5) years, age,
height, color of eyes and hair, place of birth, previous employer,
whether married or single, whether he or she has ever been convicted
of an indictable offense, driving violations, or violation of this
chapter and whether his or her driver's license has ever been suspended
or revoked and for what cause, which statement shall be signed and
sworn by the applicant to be true and filed with the City Clerk as
a permanent record. Any changes to any of the information contained
within the application must be reported to the City Clerk within three
(3) business days thereof, with a penalty of twenty-five ($25.00)
dollars to be assessed for each business day thereafter that any changes
are not reported.
h.
Furnish four (4) copies of photographs size two (2) inches by two
(2) inches.
i.
Shall have an acceptable understanding of the English language and
shall be able to read and write in English.
j.
Be a citizen of the United States and present a Social Security card
or possess a permanent alien registration card or work authorization.
k.
Pay a fee of fifty ($50.00) dollars to provide for the cost of administering
and enforcing this Chapter.
l.
Renew their license beginning in December of each year at which time
they will be notified by the City Clerk that their completed paperwork
and fee for the annual license is due in the City Clerk's office no
later than the following March 1st. Failure to meet the March 1 deadline
will result in a fine of twenty five ($25.00) dollars per month for
each month the March 1 deadline is not met, in addition to such other
penalties prescribed in this Chapter for failure to have a valid license
for operation of a taxi or livery.
m.
There shall be filed with the City Clerk an insurance policy issued
by an insurance company authorized to do business in New Jersey in
at least the amount of $50,000.00 to satisfy all claims for damages,
by reason of bodily injury to, or the death of, any person(s), resulting
from, or on account of, an accident, by reason of the ownership, operation,
maintenance or use of the taxi(s) upon any public street in the City
of Asbury Park, and to satisfy any claim for damages to property of
any person(s), resulting from, or on account of, an accident, by reason
of the ownership, operation or use of such taxi(s) upon the public
streets of the City of Asbury Park. The insurance policy shall remain
in effect during the time that the applicant operates under a license
issued by the City of Asbury Park.
n.
Undergo a criminal history background check prior to the issuance
of an initial license, and on years ending in an odd number thereafter
prior to renewal. Such criminal history background check may be performed
by the Asbury Park Police Department or by a private outside agency
which has been approved by the Asbury Park Police Department. If performed
by an approved outside agency, then the results of the criminal history
background check shall be forwarded directly from the outside agency
to the Asbury Park Police Department. In all cases, the Asbury Park
Police Department shall be responsible for oversight of the criminal
history background check process. The applicant shall incur all costs
associated with the background check, which costs shall not exceed
a maximum of one hundred ($100.00) dollars.
o.
Must not make a false statement in any license application or any
record or certificate required to be filed or maintained, he or she
shall be subject to rejection of the application and/or the appropriate
disciplinary sanctions, including license suspension or revocation
or any penalty provided under the New Jersey Criminal Code.
[Ord. No. 3066]
In those cases where the license has been denied, the applicant
shall be afforded the opportunity for a hearing before the Chief of
Police as the case may be, or his/her designee. Any request for hearing
must be made within ten (10) days of the applicant's receipt of written
notice of denial from the City. At the hearing, the applicant shall
have the right to be represented by counsel and will be afforded the
opportunity to testify himself or to present witnesses, to cross-examine
witnesses and, at his or her own expense, have a stenographic record
made of the proceedings. Following the hearing, the determination
by the Chief of Police, as the case may be, or his/her designee, shall
be final.
[Ord. No. 3066]
[Ord. No. 3066]
No driver shall operate any vehicle that has been ordered off-the-road
by the Chief of Police as the case may be, or his or her designee,
because it has been found to be in unsatisfactory condition for the
transportation of passengers.
[Ord. No. 3066]
A driver of a taxi who discovers any property lost or left in
his taxi shall immediately report it to the base, and as soon as possible,
turn it over to the Police.
[Ord. No. 3066]
a.
Drivers appearance must be neat, clean and drivers must be dressed
in a professional manner (no t-shirts of any kind).
b.
Drivers shall be courteous to customers at all times.
c.
There shall be no smoking in any taxi. (N.J.S.A. 2C:33-13).
d.
Drivers of livery plated vehicles may not solicit fares but drivers
of taxis with omnibus plates may solicit fares.
e.
A driver must always have a formal receipt pad with them so that
a proper receipt can be issued when requested.
f.
Drivers and owners not licensed under this Chapter are prohibited
from cruising within the City.
[Ord. No. 3066]
The driver must display all licenses in a conspicuous manner
so they may 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 and the name, address and a two (2) inch
by two (2) inch front straight view photograph of the driver of the
taxi. These must be mounted on the front face of the dashboard, not
on it, facing the passengers.
[Ord. No. 3066]
A driver shall not operate or occupy a taxi while his driving
ability is impaired by either alcohol or drugs, nor shall a driver
consume any alcoholic beverage within eight (8) hours of the start
of their shift. When facts exist that provide a reasonable objective
basis to suspect that a driver has illegally used drugs, or has consumed
alcoholic beverages, he shall submit to a breath test or drug screening
through urinalysis. A driver who refuses to submit to such testing
requested upon individualized reasonable suspicion will be subject
to revocation of his licenses.
[Ord. No. 3066]
A driver shall operate his vehicle within full compliance of
all laws.
[Ord. No. 3066]
The driver must notify his/her employer, if any, of any accident
and also when any motor vehicle summons has been issued to the driver.
[Ord. No. 3066]
a.
During the work shift a driver may not allow any person to operate
the taxi or livery or occupy the driver's seat, except in the event
of an emergency.
b.
The driver may have a fare in the front seat if there are two (2)
fares in the back seat.
c.
A fare may sit in the front seat when the back seat is empty if they
are handicapped or elderly. For the purpose of providing security
during high risk hours and locations an additional person licensed
by the City as a driver may occupy the front seat.
d.
No family members or relatives may occupy the front seat unless licensed
as a driver by the City and for the purpose of providing security.
Under no circumstances are young children to occupy the front seat
of a taxi or livery.
[Ord. No. 3066]
No driver may have in their possession, on their person or in
the vehicle any illegal controlled substance (drugs) at any time.
[Ord. No. 3066]
Drivers may not at any time blow their horn to alert a prospective
customer that the taxi has arrived.
[Ord. No. 3066]
The above drivers' rules contained in this Section 8-11 apply to taxi drivers, livery drivers, owner/operators, when performing the duties of a driver.
[Ord. No. 3066]
Base owners shall be required to do the following:
a.
Maintain the following hours of service: six (6) or more vehicles,
twenty-four (24) hours a day; five (5) or less vehicles, twelve (12)
hours a day. Hours may be split in any fashion as long as the required
service time is met. A record of this must be kept on the dispatchers
trip sheets.
b.
Maintain a principal place (base), dispatch office in a commercial
zone within the City.
c.
Provide safe and adequate storage for all business records (Drivers
Trip Sheets and Dispatcher Trip Sheets) for a period of two (2) years.
d.
Maintain an operating telephone.
e.
Provide a mechanism for transmitting trip requests to affiliated
drivers.
f.
Not provide taxi or livery service to the public without the proper
City license.
g.
Must enforce all rules and regulations set forth by the City.
[Ord. No. 3066]
The base owner must not dispatch any affiliated vehicles/drivers
unless the vehicle is in compliance with the following:
[Ord. No. 3066]
The taxi or livery operator shall:
a.
File with the City Clerk or his designee, the name, including any
trade name and address of the base of which for-hire vehicles are
dispatched.
b.
Dispatch from one (1) specific location only.
c.
When changing the location of the base address, must apply to the
City sixty (60) days prior to the change.
d.
Be aware that any notice from the City Clerk or his designee shall
be deemed sufficient if sent by regular mail to the last mailing address
furnished by the owner.
e.
Furnish to the City, within ten (10) days of being requested, a complete
current list of all drivers and affiliated drivers, consisting of
their names, address, medallion or livery number and the vehicle identification
number.
f.
Keep the following records of the dispatcher while in the performance
of his or her duties, a complete record, covering twenty-four (24)
hours a day, seven (7) days a week:
1.
Date, time, pickup address, driver dispatched, drop off address,
City Clerk car number.
2.
Have on hand at all times a complete list of all affiliated drivers,
their address (no P.O. boxes), phone numbers, vehicle identification
number, plate number, insurance company, date of last inspection,
and expiration of insurance.
g.
Not transfer or assign his base owner's license to another without
the written approval of the City Clerk or his designee.
h.
Not use or attempt to use any physical force against anyone while
in the performance of his duties as a base owner.
i.
Be responsible for answering truthfully and complying as directed
with all questions, communications, directives and summonses from
the City Clerk or his designee, as well as producing any licenses
or other documents required to be kept by the owner whenever the City
Clerk or his designee requires them to do so, within five (5) working
days.
[Ord. No. 3066; Ord. No. 2018-9]
No vehicle shall be used as a taxi or livery and no license shall be issued for that purpose until the vehicle has been inspected and examined by an officer designated by the Chief of Police, as the case may be, or his or her designee, and found to be in a thoroughly safe, clean and sanitary condition for the transportation of passengers. Side curtains, shades or dark tinted window glass are not permitted on any such vehicle in accordance with N.J.S. Title 39, Chapters 3 and 4. Thereafter, each owner of a taxi or livery shall have his/her vehicle inspected and examined by the City of Asbury Park yearly during the month of March. The validation sticker issued by the City for the prior year shall be valid until the City inspection for the current year is conducted. The City inspection shall occur subsequent to the owner obtaining inspection approval from the New Jersey Motor Vehicle Commission. Each taxi/livery owner shall make an appointment with the officer designated by the Chief of Police to conduct the City inspection. No vehicle shall continue to operate as a taxi or livery if such vehicle has been inspected and examined by the officer designated by the Chief of Police and found not to be in a thoroughly safe condition for the transportation of passengers. In no event shall any taxi/livery operate beyond March 31 of the immediately preceding year without a validation sticker from the City. Side curtains, shades and window tinting are not permitted in accordance with N.J.S.A. Title 39, Chapters 3 and 4.
[Ord. No. 3066]
If a driver is stopped by a City Police Officer for any violation
of this Chapter or any provision of state law, the driver must permit
the Police Officer to check the driver's trip sheet for accuracy.
[Ord. No. 3066]
Base dispatch records may be checked by the City Clerk or his
designee with reasonable notice given of such inspection and may be
checked at any time by the Police Department.
[Ord. No. 3066]
a.
Every taxi and livery will be assigned a number exclusive to that
vehicle.
b.
When a vehicle has been retired, sold, replaced or transferred pursuant to section 8-6 of this Chapter, the number will be put on any replacement vehicle.
c.
The number shall be displayed in the center of the rear quarter panels
on the driver and passenger sides and the rear center line of the
trunk of the vehicle.
d.
The number will be three (3) inches in height and made of a reflective
type material with contrasting background to be easily read at a distance
of fifty (50) feet.
e.
No number will appear on the vehicle other than the City Clerk's
assigned vehicle number.
f.
Every taxi and livery shall display on each rear door of the vehicle
the words "City of Asbury Park" in letters three (3) inches in height.
[Ord. No. 3066]
Any medallion holder, license #1 thru #95, inclusive, may choose
to operate his/her vehicle with either omnibus or livery/limousine
license plates provided proper insurance is filed in accordance with
State Statute.
[Ord. No. 3066]
Taxi medallion holders may transfer their medallion license
in accordance with the requirements set forth in this section.
a.
Medallion holders will advise the City Clerk when their medallion
is up for transfer.
b.
If after sixty (60) days the medallion holder has not transferred
the medallion and paid the one hundred ($100.00) dollar transfer fee,
he or she must continue to operate as normal, and if not, the medallion
holder must turn in their medallion license, which shall be retired
and not reissued to anyone.
[Ord. No. 3066]
a.
The total number of medallions issued by the City of Asbury Park
shall not exceed one hundred (100).
b.
Whenever the City determines to issue one or more additional medallion
licenses (up to the total number authorized in sub-paragraph (a) above),
the Mayor and Council may authorize that such license or licenses
be issued to the highest qualified bidder therefor at a sale by public
auction for that purpose conducted or supervised by the City Clerk.
Such authorization shall be made by Resolution of the Governing Body.
The Resolution may also prescribe qualifications for prospective bidders,
along with a minimum bid amount and conditions of sale, with the reservation
of the right to reject all bids where the highest bid is not accepted.
The Resolution may also include a requirement that the recipient of
a taxi medallion license issued pursuant to this section, as a condition
of the award of such license, shall reimburse the City for any costs
incurred by the City in complying with the public notice requirement
established pursuant to N.J.S.A. 48:16-2.1. In the event that more
than one taxi medallion license is issued at the same public auction,
the recipients thereof shall equally split the costs of reimbursing
the City for any costs incurred in complying with the public notice
requirements.
[Ord. No. 3066]
If the appropriate renewal fee for a licensed vehicle is not
paid to the City within fifteen (15) days of when it is due, the medallion
shall be revoked and retired and not reissued to anyone.
[Ord. No. 3066]
The Police Department shall keep a registry of the name and
current address of each person licensed to operate a taxi or livery
and the license number, make and description of such vehicle and the
date and complete record of inspection made of the licensed vehicle.
In addition to the above, a dispatcher/base owner must provide, upon
demand, the log and/or trip sheet of any taxi or livery.
[Ord. No. 3066]
a.
The following locations are hereby designated as public taxi stands:
Ocean Avenue and Second Avenue: at the eastern end of the center
divider between eastbound and westbound lanes, with one (1) space
designated, but for only between the hours of 10:00 p.m. and 2:00
a.m.
West side of Kingsley Street from Third Avenue to Second Avenue:
beginning at the southern most parking space on the west side (southbound
lane) of Kingsley Street, with three (3) spaces designated, but for
only between the hours of 12:00 a.m. and 3:00 a.m.
Cookman Avenue and Bangs Avenue: at the first parking space
on Cookman Avenue just west of the intersection of Bangs Avenue on
the north side (westbound lane) of Cookman Avenue, with one (1) space
designated, but for only between the hours of 12:00 a.m. and 3:00
a.m.
Main Street and Second Avenue: the first and second available
parking spaces on Main Street just north of the intersection of Second
Avenue on the west side (southbound), with two (2) spaces designated.
b.
Not more than the authorized number of taxis shall remain at any
public taxi stand. Only taxis licensed by the City may use the public
taxi stands established hereinabove. The taxis shall operate on a
first-in, first-out basis and no taxi company owner shall have more
than one (1) taxi at any designated stand for more than forty-five
(45) minute intervals.
[Ord. No. 3066; amended 11-21-2023 by Ord. No.
2023-38]
a.
Rates and Charges. The price that may be charged to a passenger by
the owner or driver of a taxi or livery shall not exceed the following
rates at any time of the year:
1.
From any point within the City to another point within the City,
six ($6.00) dollars for cash payment and seven ($7.00) dollars for
payment with credit card or debit card for one (1) passenger and one
($1.00) dollar for each additional passenger. This also applies to
additional fare pick-ups within confines of said route, provided there
is permission from originating passenger or passengers.
2.
One ($1.00) dollar for each piece of luggage exceeding one (1) per
person, and two ($2.00) dollars for each trunk, any month of the year.
3.
Waiting time for shopping or sightseeing tours shall be five ($5.00)
dollars per fifteen (15) minute increments.
b.
Display of Rates. Any and all rates that are being charged by the
taxicab and livery companies, shall be posted in each taxicab or livery
in a conspicuous location and in manner so as to provide adequate
notice to all passengers.
[Ord. No. 3066]
Any licensed driver or owner/operator of a taxi in the City
shall not enter into any agreement or arrangement with the proprietor
of any hotel, motel or boarding house in the City or with any person
connected with such hotel, motel, boarding/rooming house or bed and
breakfast, whereby such licensed driver or owner/operator receives
any fee, commission or monetary return for soliciting patronage or
for introducing persons to patronize same.
[Ord. No. 3066]
b.
Notwithstanding the provisions of subsection "a" above, any person violating the provisions of Section 8-2.1, Section 8-3.1 or Section 8-4.3(f) shall, upon conviction of a first offense be subject to a fine of two hundred fifty ($250.00) dollars; upon conviction of a second offense be subject to a fine of five hundred ($500.00) dollars; and upon conviction of a third or subsequent offense be subject to a fine of one thousand two hundred ($1,250.00) dollars. In addition to the above, the violator may, at the discretion of the Municipal Court Judge, be subject to a term of imprisonment not exceeding ninety (90) days in the County jail or in any other place provided by the municipality for the detention of prisoners.
c.
Nothing herein shall preclude the prosecution of any such violation
under Title 48 and/or Title 2C of the New Jersey Statutes, nor restrain
or prohibit the Mayor and Council from suspending or revoking any
license issued hereunder in accordance with the provisions of this
Chapter.
[Ord. No. 3066]
a.
Licenses issues under this article may be temporarily suspended for
not more than seven (7) days by the Chief of Police as the case may
be, or his or her designee, in the case of an emergency.
b.
Absent an emergency, the City Council, after reasonable notice and
a hearing, may suspend or revoke a license for cause. At said hearing,
the licensee may be represented by counsel and will be afforded the
opportunity to testify himself or to present witnesses, to cross-examine
witnesses and, at his or her own expense, have a stenographic record
made of the proceedings. Following the hearing, the determination
by the Chief of Police as the case may be, or his/her designee, shall
be final.
c.
If at any time within the licensed year a taxi or livery driver and/or
owner/operator is convicted of an indictable offense, the City Clerk
shall immediately suspend their license, pending a hearing.
[Ord. No. 3066]
Except as otherwise set forth herein, any person who wishes
to appeal any determination made pursuant to the provisions of this
Chapter may do so in writing to the City Manager within five (5) days
of the date of the decision or determination sought to be appealed.
A hearing will be held by the City council or its designee within
ten (10) days of the date of service of the appeal.
