[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.
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:
A.Â
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.
B.Â
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.
