[HISTORY: Adopted by the Board of Trustees of the Borough of Avon-by-the-Sea 4-8-47 by Ord. No. 26. 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:
- The practice of driving about the streets of the Borough with a taxicab so as to solicit passengers or to bring the presence of the taxicab to the attention of prospective passengers. A taxicab driving along the streets of this 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 by a prospective passenger or returning by the most direct route to the taxicab's home terminus after discharging a passenger or going to or from the said terminus to the driver's home by the most direct route shall be prima facie evidence of "cruising."
- Any person who drives a taxicab within this Borough.
- Licensed in accordance with the appropriate section of this chapter.
- OPERATION OF A TAXICAB
- Consists of transporting in such taxicab one (1) or more persons for hire along the streets of this Borough. Accepting a passenger to be transported for hire within this Borough or from a point within this Borough to a point outside of the Borough 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 a taxicab" within the Borough within the meaning thereof. The "operation of a taxicab" 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. The transportation of any person other than the owner or driver in any motor vehicle bearing a sign therein or thereon using the words "taxi," "taxicab," "cab" or "hack" shall be prima facie evidence of operation.
- Any person, corporation or association in whose name title to any taxicab is registered with the New Jersey Department of Motor Vehicles, or who appears in such records to be the conditional vendee or lessee thereof.
- Includes the plural as well as the singular and artificial as well as natural persons.
- Any automobile or motor car, commonly called "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 of Avon-by-the-Sea and which accepts passengers for transportation from points or places to points or places within or without the said Borough.
No person shall operate any taxicab within the Borough of Avon-by-the-Sea unless the taxicab is licensed pursuant to this chapter and conforms to all the provisions herein provided and to the provisions of all acts and statutes enacted by the Legislature of the State of New Jersey governing and regulating the operation and use of automobiles, including autocabs and taxicabs.
A taxicab owner's license shall entitle the taxicab therein described to be operated in the Borough of Avon-by-the-Sea, by a duly licensed driver, until the said license either expires or is surrendered, suspended or revoked. Said taxicab license shall not be transferable.
Any licenses issued pursuant to the terms of this chapter shall expire at 12:00 midnight on the 31st day of December in the year in which issued, unless sooner surrendered, suspended or revoked.
The number of taxicab licenses issued and outstanding at the time in any one (1) year shall not exceed seven (7).
All applications for the issuance or renewal of any license shall be made to the Board of Commissioners of the Borough of Avon-by-the-Sea on forms adopted by said Board of Commissioners and obtained from the Borough Clerk and designed to elicit information respecting the identification, residence, responsibility and law-abiding habits of the applicant.
Every applicant for a taxicab owner's license shall, together with his application, submit the insurance policy or certificate in lieu thereof, required by N.J.S.A. 48:16-3 et seq., covering the taxicab to be licensed.
No taxicab shall be operated along any street in the Borough of Avon-by-the-Sea until the owner thereof shall obtain the consent of the Board of Commissioners of the Borough of Avon-by-the-Sea, in accordance with N.J.S.A. 48:16-2.
No consent to operate any taxicab in the Borough of Avon-by-the-Sea shall be granted until the owner shall execute and deliver to the Clerk of the Borough of Avon-by-the-Sea a power of attorney, as provided in N.J.S.A. 48:16-5.
The Board of Commissioners of the Borough of Avon-by-the-Sea may, in its discretion, refuse to issue or renew any license, or may, after notice and hearing, revoke or suspend any license theretofore issued:
If the licensee has been once convicted of a crime in this or any other jurisdiction or 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 of record against him arising out of any automobile accident, or has made false answers in his application for such license or any renewal thereof, or has failed or fails to render reasonably prompt, safe and adequate taxicab service or has not complied fully with all requirements of this chapter for such class of license.
If the motor vehicle licensed or to be licensed, by reason of unsafe or unsanitary conditions is dangerous to the safety or health of the occupants or others or if the policy of insurance required by N.J.S.A. 48:16-3 has once lapsed, or if such coverage is not maintained at all times.
[Amended 11-8-93 by Ord. No. 28-1993]
The annual fee for each taxicab owner's license issued or renewed shall be eighty-five dollars ($85) for each taxicab for each year or portion of a year for which the license is issued or renewed. Such fees shall not be prorated, nor any part thereof refunded for any reason, except upon denial of any application for issuance or renewal of a license by the Board of Commissioners. All fees shall be paid upon application for a license.
[Amended 7-26-82 by Ord. No. 15-1982]
The rate of fare to be charged between any two (2) points within the Borough limits shall not exceed seventy-five cents ($0.75) for each passenger. Hand luggage of passengers shall be carried without charge.
No person shall cruise on the streets of this Borough with any taxicab at any time for the purpose of soliciting passengers.