The general power to license and to prescribe license
fees is contained in N.J.S.A. 40:52-1.2. Licensing is also a part
of the general police power granted by N.J.S.A. 40:72-3 and N.J.S.A.
40:48-2. Taxicabs must also comply with the requirements of N.J.S.A.
48:16-1 et seq. See Code Appendix A for license fees and number of
summer licenses.
[1966 Code § 8-1; Ord. No. 2009-02 § I]
As used in this Chapter:
Shall mean and includes 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 of 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 herein 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.
Shall mean any person who drives a Taxicab/Autocab/Pedicab
within this Borough.
Shall mean and include the business of carrying passengers
for hire by Autocabs. The principal place of business for a limousine
or livery service which requires the owner thereof to obtain an Autocab
owner's license under this Chapter shall be the location of the
main place of business of the limousine service in the municipality
where limousine service is conducted, where limousines are dispatched,
or where limousine drivers report for duty.
Shall consist of transporting in such Taxicab/Autocab/Pedicab
one or more persons for hire where the pick up of such person was
within Belmar and such pick up was not prearranged. Being parked or
idling on Borough of Belmar streets awaiting to be hired or accepting
a passenger to be transported for hire from a point of departure within
the Borough shall be deemed to be "operation" of a Taxicab/Autocab/Pedicab
within the Borough. The operation of a Taxicab/Autocab/Pedicab 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 sign therein
or thereon using the words "taxi," "taxicab," "cab," or "hack" shall
be prima facie evidence of operation.
Shall mean any person, corporation or association in whose
name title to any Taxicab/Autocab is registered with the New Jersey
Division of Motor Vehicles, or who appears in such records to be the
conditional vendee or lessee thereof, or the owner of any Pedicab
or any person who appears to be the conditional vendee or lessee thereof.
Shall mean a bicycle-like vehicle that is designed to be
propelled by human power, has three or more wheels, and is designed
to accommodate passengers in addition to the driver, and is operated
for hire.
Shall mean, for purposes of ownership, operation or lease
of a taxi/Autocab/Pedicab, as an individual (or two or more individuals
related by blood, adoption, or familial ties), partnership, association,
corporation and/or joint stock company, their lessees, trustees or
receivers appointed by any court whatsoever, or any entity in which
an individual, corporation, or partnership holds more than a 51% interest.
Shall mean and include any automobile or motor car, 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, parked, idled or run over or on any of the streets
within the Borough and which accepts passengers for transportation
from points or places to points or places within or without the Borough.
[1966 Code § 8-2; Ord. No. 2009-02 § I]
No person shall operate any Taxicab/Autocab/Pedicab within the
Borough unless both the owner of the Taxicab/Autocab/Pedicab, the
Taxicab/Autocab/Pedicab itself and driver thereof are licensed pursuant
to this Chapter.
[1966 Code § 8-3; Ord. No. 1997-13 § 1; Ord. No. 2009-02 § I]
There are hereby established the following classes of Taxicab/Autocab/Pedicab
licenses in the Borough as follows:
a.
Taxicab/Autocab/Pedicab Driver's License. This license shall
entitle the person named therein to operate within this Borough any
Taxicab/Autocab/Pedicab duly licensed hereunder.
b.
Taxicab/Autocab/Pedicab Owner's License. This license shall
entitle the owner of a Taxicab/Autocab/Pedicab business therein described
to be operated in this Borough by a driver duly licensed hereunder
and to operate the number of Taxicab/Autocab/Pedicabs permitted herein,
provided that each Taxicab/Autocab/Pedicab is licensed as provided
herein.
c.
Taxicab/Summer Driver's License. This license shall entitle
the person named therein to operate within this Borough any Taxicab
duly licensed hereunder, from the Friday of Memorial Day weekend to
midnight on the Monday of Labor Day.
d.
Taxicab/Summer Owner's License. This license shall entitle the
Taxicab business therein described to be operated in this Borough
by a driver duly licensed and to operate the number of Taxicabs permitted
herein provided that each Taxicab is licensed as provided herein,
from the Friday of Memorial Day weekend to midnight on the Monday
of Labor Day.
[1]
Editor's Note: Prior ordinance history includes portions
of 1966 Code § 8-4.1 and Ordinance No. 1997-13 § 2.
[Ord. No. 2009-02 § I]
a.
Taxicab Owner's License. Every Taxicab business which operates,
in part or in whole, by accepting a passenger(s) within the Borough
of Belmar to be transported for hire, without the service being prearranged,
shall obtain a Taxicab Owner's License. Each Owner's License
will permit the owner to license and operate a certain number of Taxicabs
as provided herein. Any person who holds or controls any Taxicab Owner's
License shall actively use the license, or the license shall be revoked.
b.
Number of Taxicab Owner's Licenses. The number of Taxicab Owner's Licenses under this Chapter to be issued and outstanding in any one year shall not exceed 10. No person shall hold or control more than one Taxicab Owner's Licenses nor more than one Autocab Owner's License. No person shall be eligible to obtain an additional Owner's License until the total number of vehicles permitted to be licensed under an individual Owner's License is met. (See also subsection 21-6.1.)
c.
Number of Taxicabs Per Owner's License. The holder of a Taxicab
Owner's License under this Chapter shall be permitted to obtain
a license for up to eight individual taxicabs. The license issued
for an individual taxicab is only for that specific taxicab and shall
not be transferred to another taxicab.
d.
Number of Taxicab Driver's Licenses. The number of Taxicab Driver's
Licenses under this Chapter to be issued and outstanding in any one
year shall be unlimited.
e.
Handicap Accessible Taxi Licenses. There shall be a separate class
of license which shall only be available for taxicabs which are handicap
and wheelchair accessible and which meet all other requirements of
this Chapter and any applicable laws, rules and/or regulations. The
number of Handicap Accessible Taxi Licenses under this Chapter to
be issued and outstanding in any one year shall not exceed five. A
license will be issued to the Taxicab Owner and will allow one handicap
and wheelchair accessible taxicab to be licensed thereunder, which
is only for that specific taxicab and shall not be transferred to
another taxicab. There shall be no limit on the number of these licenses
a Taxicab Owner may hold. Any person who holds or controls any Handicap
Accessible Taxi License shall actively use the license and taxicab
licensed thereunder, or the license shall be revoked.
[Ord. No. 2009-02 § I]
a.
Autocab Owner's License. Every Autocab business, also commonly
referred to as a limousine, livery or town car service, whose principal
place of business is in the Borough of Belmar shall obtain an Autocab
Owner's License. Each Owner's License will permit the Owner
to license and operate a certain number of Autocabs as provided herein.
Any person who holds or controls any Autocab Owner's License
shall actively use the license, or the license shall be revoked.
b.
Number of Autocab Owner's Licenses. The number of Autocab Owner's Licenses under this Chapter to be issued and outstanding in any one year shall not exceed two. (See also subsection 21-6.1) No person shall hold or control more than one Autocab Owner's Licenses. No person shall be eligible to obtain an additional Owner's License until the total number of vehicles permitted to be licensed under an individual Owner's License is met.
c.
Number of Autocabs Per Owner's License. The holder of an Autocab
Owner's License under this Chapter shall be permitted to obtain
a license for up to two individual Autocabs. The license issued for
an individual Autocab is only for that specific Autocab and shall
not be transferred to another Autocab.
d.
Number of Autocab Driver's Licenses. The number of Autocab Driver's
Licenses under this Chapter to be issued and outstanding in any one
year shall be unlimited.
e.
Handicap Accessible Autocab Licenses. There shall be a separate class
of license which shall only be available for Autocabs which are handicap
and wheelchair accessible and which meet all other requirements of
this Chapter and any applicable laws, rules and/or regulations. The
number of Handicap Accessible Autocab Licenses under this Chapter
to be issued and outstanding in any one year shall not exceed three.
A license will be issued to the Autocab Owner and will allow one handicap
and wheelchair accessible Autocab to be licensed thereunder, which
is only for that specific Autocab and shall not be transferred to
another Autocab. There shall be no limit on the number of these licenses
an Autocab Owner may hold. Any person who holds or controls any Handicap
Accessible Autocab License shall actively use the license and autocab
licensed thereunder, or the license shall be revoked.
f.
Duplicate License for MVC. Pursuant to N.J.S.A. 48:16-17, the Borough
shall issue a duplicate license to be provided to the State of New
Jersey Motor Vehicle Commission. The owner shall provide a notarized
letter from an insurance company with the number and date of expiration
of the policy, a description of every limousine insured thereunder,
and the registration number of the same to the Borough. The owner
shall be responsible for filing the duplicate license and copies of
the aforementioned notarized letter to the MVC and shall provide proof
of the same to the Borough.
[Ord. No. 2009-02 § I]
a.
Pedicab Owner's License. Every Pedicab business which operates
in the Borough of Belmar shall obtain a Pedicab Owner's License.
Each Owner's License will permit the owner to license and operate
a certain number of Pedicabs as provided herein. Any person who holds
or controls any Pedicab Owner's License shall actively use the
license, or the license shall be revoked.
b.
Number of Pedicab Owner's Licenses. The number of Pedicab Owner's Licenses under this Chapter to be issued and outstanding in any one year shall not exceed four. No person shall hold or control more than two Pedicab Owner's Licenses. No person shall be eligible to obtain an additional Owner's License until the total number of Pedicabs permitted to be licensed under an individual Owner's License is met. (See also subsection 21-6.1)
c.
Number of Pedicabs Per Owner's License. The holder of a Pedicab
Owner's License under this Chapter shall be permitted to obtain
a license for up to five individual Pedicabs. The license issued for
an individual Pedicab is only for that specific Pedicab and shall
not be transferred to another Pedicab.
d.
Number of Pedicab Driver's Licenses. The number of Pedicab Driver's
Licenses under this Chapter to be issued and outstanding in any one
year shall be unlimited.
[Ord. No. 2009-02 § I]
a.
Summer Taxicab Owner's License. Every Taxicab business which
operates, in part or in whole, by accepting a passenger(s) within
the Borough of Belmar to be transported for hire, without the service
being prearranged, and which only operates from the Friday of Memorial
Day weekend to midnight on the Monday of Labor Day shall obtain a
Summer Taxicab Owner's License. Each Owner's License will
permit the owner to license and operate a certain number of Taxicabs
as provided herein. Any person who holds or controls any Summer Taxicab
Owner's License shall actively use the license, or the license
shall be revoked.
b.
Number of Summer Taxicab Owner's Licenses. The number of Summer Taxicab Owner's Licenses under this Chapter to be issued and outstanding in any one year shall not exceed the number set by resolution of the Borough Council. (See also subsection 21-6.1.) No person shall hold or control more than one Summer Taxicab Owner's Licenses nor more than one autocab owner's license. No person shall be eligible to obtain an additional Owner's License until the total number of vehicles permitted to be licensed under an individual Owner's License is met.
c.
Number of Summer Taxicabs Per Owner's License. The holder of
a Summer Taxicab Owner's License under this Chapter shall be
permitted to obtain a license for up to five individual taxicabs.
The license issued for an individual taxicab is only for that specific
Taxicab and shall not be transferred to another Taxicab. However,
the individually licensed taxicab may only be operated from the Friday
of Memorial Day weekend to midnight on the Monday of Labor Day.
d.
Number of Summer Taxicab Driver's Licenses. The number of Summer
Taxicab Driver's Licenses under this Chapter to be issued and
outstanding in any one year shall be unlimited. However, the individually
licensed Taxicab may only be operated from the Friday of Memorial
Day weekend to midnight on the Monday of Labor Day.
[1966 Code § 8-5.1; Ord. No. 2009-02 § I; Ord. No. 2017-21]
Any Driver's License issued pursuant to the terms of this
Chapter shall expire at midnight on December 31 of the year in which
it was issued, and shall not be transferable.
[1966 Code § 8-5.2; Ord. No. 2009-02 § I; Ord. No. 2015-10; Ord. No. 2017-21]
a.
Any Autocab/Pedicab Owner's License issued pursuant to the terms of this Chapter shall expire at midnight on December 31 of the year in which it was issued, and may be transferable to a related business entity, such as in the case of a change in the form of a business entity or the purchaser or sale of all or part of a business entity, provided that the new owner complies with Section 21-6 Applications for Licenses and Section 21-7 Fees.
[Ord. No. 2009-02 § I; Ord. No. 2017-21]
Any Taxicab Summer Owner's and Driver's Licenses issued
pursuant to the terms of this Chapter shall expire at midnight on
Monday night of Labor Day of the year in which it was issued, and
shall not be transferable.
[1966 Code § 8-6.1; Ord. No. 1993-4 § 1; Ord. No. 2009-02 § I; Ord. No. 2015-10; Ord. No. 2017-21]
a.
The Municipal Clerk is authorized to advertise for sale Taxicab/Autocab/Pedicab
Owner's Licenses and Summer Taxicab Owner's Licenses in
accordance with N.J.S.A. 48:16-2.1, et seq. Such licenses shall be
annually offered for sale at public auction, after advertising thereof
in the official newspaper.
b.
The Municipal Clerk shall publish a notice, in the official newspaper, stating the respective application periods to be eligible for participation in the annual public auction of Taxicab/Autocab/Pedicab Owner's Licenses and Summer Taxicab Owner's Licenses, and the number of Licenses to be auctioned per the limits set forth in section 21-4 of the Borough of Belmar Revised General Ordinances. The notice shall specify a time and date after which no further applications will be accepted. Pursuant to N.J.S.A. 48:16-3, the notice shall be published at least twice and at least one week apart, with the second notice published at least 30 days prior to the time and date specified in the notice as the time and date after which no further applications will be accepted by the Borough, and at least 30 days prior to the time and date that the public auction is to be held.
c.
If the number of applications for Taxicab/Autocab/Pedicab Owner's Licenses and Summer Taxicab Owner's Licenses is equal to or lesser than the number of Licenses authorized by section 21-4 of the Borough of Belmar Revised General Ordinances, then all qualified applicants shall receive an applicable Owner's License.
d.
If the number of applications for Taxicab/Autocab/Pedicab Owner's Licenses and Summer Taxicab Owner's Licenses is greater than the number of Licenses authorized by section 21-4 of the Borough of Belmar Revised General Ordinances, then the Owner's License(s) sought shall be awarded to the highest-qualified bidder(s) at a public auction, wherein:
1.
The minimum bid price shall be set by resolution of the Governing
Body annually.
2.
10% of the minimum bid price shall be paid to the Municipal Clerk
by certified check or cash prior to the public auction beginning.
The balance shall be paid within 10 days of the adoption of the Governing
Body's resolution accepting bids. The Governing Body reserves
the right to reject all bids where the highest bid is not accepted.
e.
Any Taxicab Owner's License issued pursuant to this section
may not be transferred after issuance unless such transfer is approved
on the basis of death, disability, serious illness, or severe financial
hardship by resolution of the Governing Body.
[1966 Code § 8-6.2; Ord. No. 1993-4 § 1; Ord. No. 2009-02 § I; Ord. No. 2015-10; Ord. No. 2017-21]
Applications for Taxicab/Autocab/Pedicab Owner's Licenses and Summer Taxicab Owner's Licenses shall be annually filed with the Municipal Clerk in accordance with the terms set forth in the public notices described in subsection 21-6.1 hereof.
[1966 Code § 8-6.2; Ord. No. 1993-4 § 1; Ord. No. 2009-02 § I; Ord. No. 2015-10; Ord. No. 2017-21]
a.
Applications for Taxicab/Autocab/Pedicab Owner's Licenses and
Summer Taxicab Owner's Licenses shall be maintained in the order
of their filing by the Municipal Clerk.
1.
When the number of applications for Licenses is lesser than the number of Licenses authorized by section 21-4 of the Borough of Belmar Revised General Ordinances, then the unissued, remaining Licenses shall be issued by the Municipal Clerk on a first come/first served basis for the remainder of that license year.
2.
When the number of applications for Licenses is greater than the number of Licenses authorized by section 21-4 of the Borough of Belmar Revised General Ordinances, then the Municipal Clerk shall create a wait-list of all unsuccessful bidders and any applications received after the deadline for eligibility to participate in the public auction prioritized by the order in which the applications were received. No new Licenses shall be issued before an existing License is surrendered to the Municipal Clerk. Any Licenses becoming available shall be issued by the Municipal Clerk to all applicants on the wait-list, and thereafter, on a first come/first served basis for the remainder of that calendar year.
b.
Taxicab/Autocab/Pedicab Owner's Licenses are not subject to renewal and shall be placed for public auction by the Governing Body annually when excess applications are received. In the event that the Governing Body shall increase the number of Licenses authorized by section 21-4 of the Borough of Belmar Revised General Ordinances at any time between annual public auctions, then the issuance of newly authorized licenses shall be conducted in the same manner prescribed by section 21-6.1 for the annual issuances.
[1966 Code § 8-6.2; Ord. No. 1993-4 § 1; Ord. No. 2009-02 § I; Ord. No. 2017-21]
Each applicant for a Taxicab/Autocab owner's license shall, together with his/her application, submit the insurance policy or certificate in lieu thereof, as required Title 48 Public Utilities, Chapter 16 Taxicabs, Autocabs, Limousines and Jitneys of the Statutes of New Jersey covering the Taxicab/Autocab sought to be licensed; and shall have provided the Power of Attorney required by Title 48 Public Utilities, Chapter 16 Taxicabs, Autocabs, Limousines and Jitneys of the Statutes of New Jersey to the Borough Clerk for a Taxicab Owner's License and to the Motor Vehicle Commission; and shall provide any other documentation and/or information required by Title 48 Public Utilities, Chapter 16 Taxicabs, Autocabs, Limousines and Jitneys of the Statutes of New Jersey or similar law, rule or regulation. Additionally, the owner shall indemnify and hold harmless the Borough, its officers, agents or employees, from any and all loss, costs, damages and/or expenses suffered by any person or to any property arising from the owner's negligence.
[Ord. No. 2009-02 § I; Ord. No. 2017-21]
Each applicant for a Pedicab Owner's License shall, together
with his/her application, submit the insurance policy or certificate
in lieu thereof, in the amount of $1,000,000 and the owner shall indemnify
and hold harmless the Borough, its officers, agents or employees,
from any and all loss, costs, damages and/or expenses suffered by
any person or to any property arising from the owner's negligence.
[1966 Code § 8-6.3; Ord. No. 1993-4 § 1; Ord. No. 2009-02 § I; Ord. No. 2017-21]
Applications for Taxicab/Autocab/Pedicab Driver's Licenses
may be made at any time but no one shall drive or operate a Taxicab/Autocab/Pedicab
in the Borough until a proper license for each particular year has
been issued.
Each applicant for a Taxicab/Autocab/Pedicab driver's license
shall:
a.
File with his/her application two photographs, each 3 1/2 inches
by 3 1/2 inches in size, clearly depicting the facial features
of the applicant. Both of these photographs shall thereupon become
the property of the Borough for retention with the application form,
pending action thereon by the Borough Council and allocated for use
as hereinafter provided.
b.
At the time of filing his/her application, applicant shall be fingerprinted
at the Borough of Belmar Police Department and said fingerprints shall
be submitted to the Bureau of Identification, New Jersey State Police
for a report of applicant's criminal record, if any. Any and
all costs of this process shall be borne by the applicant.
[1]
Editor's Note: Former subsection 21-6.4, Processing of
Applications, containing portions of 1966 Code § 8-6.4 and
Ord. No. 1993-4 was deleted by Ord. No. 2015-10.
[1]
Editor's Note: Former subsection 21-6.5, Action by Borough
Council, containing portions of 1966 Code § 8-6.5 and Ord.
No. 1993-4 was deleted by Ord. No. 2015-10.
[1966 Code § 8-6.6; Ord. No. 1993-4 § 1; Ord. No. 2015-10; Ord. No. 2017-21]
Each applicant granted a license under this Chapter shall be
issued a license card in evidence thereof in a form approved by the
Borough Council and signed by the Municipal Clerk in behalf of the
Council. License recipients shall display the License number on the
body of their vehicle(s) in accordance with N.J.S.A. 48:16-2.4.
[1966 Code § 8-7.1; Ord. No. 1993-4 § 1; Ord. No. 1997-13 § 3; Ord. No. 2009-02 § I]
The annual fee for each year or summer for which a license is
issued or renewed, and the imposition of Tourism Fees, shall be set
by Resolution for:
a.
Taxicab/Pedicab Owner's License.
b.
Autocab Owner's License, which shall cover the cost of the Owner's
License and the cost of licensing all individual vehicles thereunder
per N.J.S.A. 48:16-18.1.
c.
Taxicab/Autocab/Pedicab Driver's License.
d.
Taxicab Summer Owner's License.
e.
Taxicab Summer Driver's License.
f.
Medallions for each licensed Taxicab/Pedicab.
[1966 Code § 8-7.3; Ord. No. 1993-4 § 1; Ord. No. 1997-13 § 3; Ord. No. 2009-02 § I]
No fees shall be prorated nor any part thereof refunded for
any reason.
[1966 Code § 8-8.1; Ord. No. 2009-02 § I]
a.
Display of Drivers's License. The license card issued to a Taxicab/Autocab/Pedicab
driver upon granting of his/her license shall have affixed to it one
of the two photographs required to be filed with the license application,
as provided herein. Such license card shall at all times be prominently
displayed and adequately protected in the interior of any Taxicab/Autocab/Pedicab
operated by the licensee so that the face thereof shall be at all
times in full view of and plainly legible to any passenger seated
on the rear seat of such Taxicab/Autocab/Pedicab. The license card
shall at all times be and remain the property of the Borough and on
direction of the Borough Council shall at once be surrendered to the
Borough Clerk. No Taxicab/Autocab/Pedicab driver's license card
other than that of the licensee actually operating the cab at the
time shall be displayed therein.
b.
Display of Owner's License. A license card shall be issued to
a Taxicab/Autocab/Pedicab owner upon the granting of the license.
Such license card shall at all times be prominently displayed and
adequately protected in the interior of any Taxicab/Autocab/Pedicab
operated by the licensee so that the face thereof shall be at all
times in full view of and plainly legible to any passenger seated
on the rear seat of such Taxicab/Autocab/Pedicab. The license card
shall at all times be and remain the property of the Borough and on
direction of the Borough Council shall at once be surrendered to the
Borough Clerk. No Taxicab/Autocab/Pedicab Owner's license card
other than that of the licensee actually owning and operating the
cab at the time shall be displayed therein.
c.
Display of Vehicle License/Medallion. A Taxicab/Autocab/Pedicab owner
shall affix to each Taxicab/Autocab/Pedicab licensed to operate in
the Borough two Medallions as issued by the Borough and in such a
manner as directed by the Borough. The Medallions shall at all times
be and remain the property of the Borough and on direction of the
Borough Council shall at once be surrendered to the Department of
Code Enforcement.
[1966 Code § 8-8.2; Ord. No. 2009-02 § I]
No Taxicab/Autocab/Pedicab shall hereafter be operated in this
Borough unless and until there is prominently displayed in the interior
thereof, within the full view and access of any passengers, a complete
list of fares, charges or tariff rates charged for transportation
of passengers, which fares, charges or tariff rates so displayed,
and no other, shall be those to be charged any passenger. Said rate
and tariff listing shall be submitted with the Owner's License
application and any change in the rates and/or tariffs during the
year shall be filed with the Borough before the new rates and/or tariffs
can be charged to passengers.
[1966 Code § 8-8.3; Ord. No. 2009-02 § I]
a.
Every licensed Taxicab shall have painted on both sides thereof the
words "taxicab," "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."
b.
Every licensed Taxicab shall have painted on each side thereof, in
letters at least one inch high, the name of the owner thereof followed
or preceded by the word "owner."
c.
Every licensed Pedicab shall have the words "taxi" or "pedicab" or
the name of the operating owner containing the words "taxi," "cab"
or "pedicab" prominently displayed on the Pedicab.
[1966 Code § 8-8.4; Ord. No. 2009-02 § I]
The rate of fare to be charged within the Borough limits for
one passenger for a trip from one place to another within the Borough
or for (2) or more passengers going to the same destination from the
same place of origin shall be set by resolution.
[Ord. No. 2009-02 § I]
No operator of any Taxicab/Autocab/Pedicab, whether licensed
or not by the Borough of Belmar, shall use a horn, siren, whistle,
bell or other device capable of emitting audible sound in order to
pick-up customers, or hawk, sell or otherwise advertise their services.
[Ord. No. 2009-02 § I]
a.
No person shall operate any Pedicab upon the street in the Borough
unless that person has a valid Pedicab Driver's License issued
pursuant to this Chapter.
b.
No person shall operate any Pedicab upon the street in the Borough
unless that person has a valid license to operate a motor vehicle.
c.
Pedicab operators must be 18 years of age or older.
[Ord. No. 2009-02 § I]
The number of passengers, including the driver, shall be limited
at any one time to a maximum of three passengers but in no event shall
it exceed the designed capacity of the Pedicab.
[Ord. No. 2009-02 § I]
No person shall operate a Pedicab in the Borough of Belmar unless
it is equipped with the following features:
a.
Operational headlights and tail lights (to be operated at all times
the Pedicab is operated on the roadways).
b.
Rear and side reflective devices.
c.
An operational braking system.
d.
Audible warning devices, such as a horn or a bell.
e.
Rearview mirrors.
f.
Tires having tread depth sufficient to be designated as operationally
safe.
g.
Must be painted a light color to ensure it is discernible to other
traffic.
h.
A two-way radio or similar communication device.
[Ord. No. 2009-02 § I]
a.
The Pedicab shall be inspected by the Police Department prior to
the issuance of a permit to operate within the Borough of Belmar.
If the Pedicab is determined to be unsafe or not equipped properly
the owner shall be notified. No permit shall be issued for a Pedicab
that is found to be unsafe.
b.
If at any time, after the issuance of a permit, a Pedicab is determined
to be unsafe it shall be taken out of service until such a time that
the Police Department has determined that it has been repaired and
is sufficiently safe to be returned to full service.
[Ord. No. 2009-02 § I]
Pedicabs may use the Taxicab Stands established under Section 19-33 et seq. herein, subject to the same conditions as Taxicabs.
[Ord. No. 2009-02 § I]
All Taxicab/Autocab/Pedicab Drivers and Owners shall comply with Title 48 Public Utilities, Chapter 16 Taxicabs, Autocabs, Limousines and Jitneys of the Statutes of New Jersey, and Title 39 Motor Vehicles and Traffic Regulation of the Statutes of New Jersey or similar law, rule or regulation.
[1966 Code § 8-9]
In addition to the provisions of Section 20-8 of the general licensing chapter of this revision covering causes for which licenses may be revoked, the Borough Council may in their discretion refuse to issue or renew, or may after notice and hearing revoke or suspend any license issued hereunder for any of the causes or reasons listed below.
[1966 Code § 8-9.1; Ord. No. 2009-02 § I]
Any license of any class or renewal thereof may be denied, revoked
or suspended if any applicant or licensee:
a.
Has been convicted of a crime in this or any other jurisdiction.
b.
Has been more than once convicted of being a disorderly person.
c.
Has been found guilty of a violation of Title 39, "Motor Vehicles
and Traffic Regulations" of the Revised Statutes of New Jersey.
d.
Violates any provision of this Chapter or any ordinance of the Borough.
e.
Has any judgment unsatisfied of record against him or her arising
out of an automobile accident in any place, or arising out of the
operation of a Taxicab/Autocab/Pedicab in the Borough of Belmar or
any other place.
f.
Failed or fails to render reasonably prompt, safe and adequate Taxicab/Autocab/Pedicab
service.
g.
Has not complied fully with all requirements of this Chapter.
[1966 Code § 8-9.2; Ord. No. 2009-02 § I]
[1966 Code § 8-9.3; Ord. No. 2009-02 § I]
Any Taxicab/Autocab/Pedicab Owner's License may be denied, revoked or suspended, in addition to the causes listed in Section 20-8 and subsection 21-9.1, for any of the following reasons:
a.
If the motor vehicle or Pedicab licensed or to be licensed, by reason
of unsafe or unsanitary conditions, is dangerous to the safety or
health of the occupants or others.
[Ord. No. 2009-02 § I]
The provisions of this Chapter shall be enforced by the Department
of Code Enforcement and/or the Police Department.
[Ord. No. 2009-02 § I; Ord. No. 2015-10]
a.
Except as otherwise provided herein, any person violating any provision
of this Chapter shall, upon conviction thereof, be subject to a fine
of $100 plus costs, however, should the complaint be marked to require
a Court appearance, the Court, upon conviction thereof, shall impose
a fine of at least $100 plus costs.
b.
Any person violating the provisions of this Chapter requiring an Owner's or Driver's License (Section 21-2) shall, upon conviction thereof, be subject to a fine of:
1.
$300 plus costs for a first offense.
2.
$600 plus costs for a second offense.
3.
Third and subsequent offenses shall require a Court appearance and
shall be subject to a fine of at least $1,200 plus costs.
4.
For the purposes of Section 21-10.2b, a person who has been convicted of a previous violation need not be charged as a second, third or subsequent offender in the complaint made against him in order to render him liable to the penalties imposed by this section on a second, third or subsequent offender, but if the second offense occurs more than two years after the previous offense, the Court shall treat the second conviction as a first offense for sentencing purposes, and if a third offense occurs more than two years after the second offense, the Court shall treat the third conviction as a second offense for sentencing purposes, and if an offense subsequent to the third offense occurs more than two years after the third offense, the Court shall treat the offense subsequent to the third offense as a third offense for sentencing purposes and so on for additional subsequent offenses.
