[Ord. #553, AV, § 2; Ord. #903, § 2]
As used in this section:
Shall mean any person who drives a taxicab within the Borough.
Shall mean licensed in accordance with the appropriate subsection
of this section, unless otherwise stated.
Shall mean the transporting in such taxicab one or more persons
for hire along any of the streets of the Borough. Accepting a passenger
to be transported for hire within the Borough or from a point within
the Borough to a point outside the Borough limits or discharging a
passenger transported for hire from a point outside the Borough limits
to a point within the Borough limits shall be deemed to be "operation
of a taxicab" 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 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.
Shall mean any person in whose name or title 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.
Shall mean and include any vehicle used to carry passengers
for hire but operating on a fixed route.
[Ord. #553, AV, § 2; Ord. #903, § 1]
It shall be unlawful to engage in the business of operating
a taxicab or a taxicab business in the Borough without first having
secured a license.
[Ord. #553, AV, §§ 3, 4, 5; Ord. #903, § 4]
There are hereby established two classes of taxicab licenses
to be known as:
a.
Taxicab Driver's License. The holder of a valid license to drive
a taxicab within the Borough shall be eligible to drive any taxicab
for any individual or a corporation operating with a valid license
within the Borough until the license either expires or is surrendered,
suspended or revoked.
b.
Taxicab Owner's License. A taxicab owner's license shall entitle
the taxicab therein described to be operated in the Borough by a driver
duly licensed until the license either expires or is surrendered,
suspended or revoked.
[Ord. #903, § 1]
The application for a license shall be made in writing to the
Borough Clerk and shall state the name of the applicant, the intended
place in which the business is to be operated and the number of cabs
to be operated from each location. If the applicant is a corporation
the name and address of the President and Secretary of the corporation
shall be given and the name of all holders of 10% or more of the outstanding
stock of the corporation.
[Ord. #553, AV, § 7; Ord. #903, § 3;
Ord. #1009, §§ 3, 4]
Applicants for a taxicab driver's license shall meet the following
requirements:
a.
Be in good health with good eyesight.
b.
Not be addicted to the use of intoxicating liquors or drugs.
c.
Be able to read and write the English language.
d.
Use of good character.
e.
Have not been convicted of an indictable offense or of reckless driving
within two years next preceding the filing of such application.
f.
Have knowledge of the State Motor Vehicle Laws and traffic regulations.
g.
Have knowledge of the ordinances and geography of the Borough.
h.
Furnish with the application for such driver's license a recent photograph
of himself of a size not less than 4 1/2 inches in height and
3 1/2 inches in width shall be filed with the application.
i.
Such applicant for a driver's license under this ordinance, shall,
before the license is issued, be fingerprinted.
j.
Every applicant for a driver's license shall in addition to the requirements
herein provided and of any law of this State prove to the satisfaction
of the Borough Clerk that he is over the age of 21 years.
[Ord. #553, AV, §§ 8, 9, 10]
Applicants for a taxicab owner's license shall meet the following
requirements:
a.
Telephone Required. Each applicant for a taxicab owner's license
shall have a regularly registered business office and shall therein
have a telephone operating.
b.
Insurance Policy or Bond Required.
1.
Every applicant for a taxicab owner's license shall submit the insurance
policy or bond required by N.J.S.A. 48:16-3 and N.J.S.A. 48:16-4,
covering the taxicab to be licensed, and shall execute and deliver
to the Borough Clerk concurrently with the filing of the policy or
bond aforesaid, a power of attorney, wherein and whereby the owner
shall appoint the Borough Treasurer his true and lawful attorney for
the purpose of acknowledging service of any process out of a Court
of competent jurisdiction to be served against the insured by virtue
of the indemnity granted under the insurance policy or bond filed,
in accordance with N.J.S.A. 48:16-5.
2.
The Borough Clerk, upon filing of the required insurance policy or
bond, shall issue a certificate in duplicate showing that the owner
of the taxicab has complied with the terms stated above, the certificate
shall recite the name of the insurance company, the number and date
of expiration of the policy or bond, a description of the taxicab
insured and the registration number of the same. The duplicate certificate
shall be filed with the Department of Motor Vehicles before any such
car is licensed as a taxicab. The original certificate shall be posted
in a conspicuous place within the taxicab.
[Ord. #553, AV, § 21; Ord. #903, § 4;
Ord. #1026, § 3]
The fee schedule is as follows:
|
Owner
|
$100 per annum
|
|
Driver
|
$40 per annum
|
|
Transfers - Owners
|
$20 per annum
|
|
Livery
|
$100 per annum
|
|
Driver
|
$40 per annum
|
[Ord. #553, AV, § 6; Ord. #903, § 10]
The total number of taxicab licenses to be issued by the Borough
shall not exceed the total number of 17 licenses. It being understood
that the interest of the Borough Council is to regulate the conduct
of the business within the Borough. Council, however, reserves the
right to increase the number of authorized licenses within the Borough.
[Ord. #553, AV, § 11]
The Borough Clerk shall not, unless authorized by resolution
of the Borough Council, issue or renew after notice and hearing, revoke
and/or suspend:
a.
Any license of either class if the applicant or licensee has been
once convicted of a crime in this or any other jurisdiction, or convicted
of being a disorderly person, or a violation of Title 39, "Motor Vehicles
and Traffic Regulation", of N.J.S.A., or who violates any provisions
of this section, or has any judgment unsatisfied of record against
him arising out of an automobile accident or who is an alien citizen
of any nation between whom there exists a war with the United States,
or who has made false answers in his application for such license
or any renewal thereof, or who has failed to render reasonably prompt,
safe and adequate taxicab service, or who has not complied fully with
all requirements of this section for such class of license.
b.
Any taxicab driver's license if the license or applicant has in any
degree contributed to any injury to person or damage to property arising
out of negligent operation of a motor vehicle; or has any communicable
or contagious disease.
c.
Any taxicab owner's license, if the motor vehicle 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 or bond or power of attorney required by subsection 5-1.6,b has not been furnished or kept in force, or if the owners shall fail to comply with any terms or conditions imposed by the Borough Council or any law of this State.
[Ord. #903, § 10]
No license to operate a taxicab business within the Borough
shall be transferred without the prior approval of the Mayor and Council.
Any attempt to transfer any license without prior approval shall be
grounds for revocation of the taxicab license.
[Ord. #903, § 11]
In the event the Borough has within its possession any license
which has been surrendered by the owner voluntarily or under the terms
of this section or in the event the Mayor and Council by ordinance
increase the number of licenses, the Borough Clerk shall advertise
in the official newspaper of the Borough a date and time for a drawing
to determine the ownership to such taxicab license. Any resident of
the Borough shall be eligible to secure such taxicab license upon
the presentation of a sum sufficient to cover the cost of a taxicab
license if one is issued and a prior investigation by the Chief of
Police pursuant to the terms of this section.
[Ord. #553, AV, §§ 12, 13; Ord. #903, § 4]
The Borough Clerk shall issue a tag or sticker for the number
of cabs owned by each licensee. The tag or sticker shall be displayed
in a prominent place on the glove compartment of each vehicle designated
as a taxicab in the Borough. The driver of the vehicle shall post
his taxicab driver's license and a photo of him stamped by the Municipality
along side the license for the vehicle on the glove compartment of
the taxicab.
[Ord. #903, § 9]
It shall be illegal to utilize or own a taxicab license for
any vehicle which is not used for a consecutive period of at least
eight months during a calendar year. It shall be the duty of each
taxicab company to submit a monthly report to the Borough Clerk outlining
the number of licenses he owns and the motor vehicle which is at that
time utilizing the license. In the event any license is not being
utilized for any period of time including nonavailability of the motor
vehicle to which the license has been assigned due to the improper
functioning of the vehicle to which the license is assigned, the Mayor
and Council reserves the right to request the license be deposited
with the Borough Clerk during the period of non-use of the license.
It shall, however, be mandatory to surrender to the custody
of the Borough Clerk any taxicab license not being used for a period
in excess of seven days.
Any taxicab license not being used for a ninety-day period shall
be deemed abandoned.
[Ord. #903, §§ 5, 6]
a.
New Jersey Driver's License. No person shall drive a taxicab or shall
be hired or permitted to do so unless he is duly licensed by the Division
of Motor Vehicles of the State of New Jersey.
b.
New Jersey Motor Vehicles' License. No taxicab shall be operated
in the Borough unless it bears a license issued by the New Jersey
State Division of Motor Vehicles.
[Ord. #903, § 6]
It shall be unlawful for any driver of a taxicab while on duty
to drink any intoxicating liquor or to use any profane or obscene
language, to shout or call to prospective passengers or to disturb
the peace in any way.
Any conviction of driving while under the influence of alcohol
in the State or other place shall be immediate grounds to revoke any
taxicab license of any taxi driver within the Borough.
[Ord. #903, § 5]
No taxicab shall be operated on the streets of the Borough unless
it is equipped with proper brakes, lights, horn, tires, muffler, rear
vision mirror and windshield wiper, all in good condition. It shall
be the duty of the Borough Chief of Police to have any taxicab within
the Borough inspected as often as may be necessary to see to the enforcement
of this provision. However, such inspection shall be no less than
two times a year. One inspection shall be made during the month of
December each year prior to the issuance of the license for the following
year and one during the month of August of each year. The Chief of
Police may establish additional regulations for additional inspections
as he sees fit.
[Ord. #553, AV, § 20; Ord. #903, § 5]
a.
Each taxicab, while operated in the Borough shall have a dome on
top of the vehicle lighted with the name of the company owning the
vehicle and the telephone number of the company on it.
b.
The name of the owner of the vehicle shall also be prominently displayed
on both sides of the cab on the front door in letters at least three
inches high in such color as may be readily readable from a distance
of no less than 20 feet.
c.
Owners, operators, or drivers of vehicles for hire, other than taxicabs
commonly known as OH cars, shall not display the words taxicab or
other sign thereon which would tend to lead the public to believe
the vehicle is a taxicab as herein defined, and if a For Hire sign
is or shall be used on each such vehicle, such sign or other device
shall be displayed only when such vehicle is actually engaged in transporting
a passenger for hire.
[Ord. #553, AV, § 14; Ord. #678, § 2;
Ord. #807, § 1; Ord. #903, § 8]
a.
Established. The Mayor and Council by resolution shall have the right
to regulate the fees charged to any passenger(s) occupying or using
a taxicab within the Borough. Mayor and Council specifically reserves
the right to establish the rates by resolution which may be changed
or amended from time to time by the Mayor and Council.
b.
Display. No taxicab shall be operated in the Borough unless and until
there is prominently displayed in the interior, 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 or transportee.
[Ord. #903, § 7]
It shall be the duty of the driver of any taxicab to accept
as a passenger any person who seeks to use the taxicab provided the
person is not intoxicated and conducts himself in an orderly manner.
No person shall be admitted to a taxicab occupied by a passenger without
the consent of the passenger then occupying the taxicab.
[Ord. #903, § 7]
The driver shall take a passenger to his destination by the
most direct route available from the place from which the passenger
enters the taxicab.
[Ord. #553, AV, § 15]
No person shall park or place any taxicab on any of the streets
of the Borough at any time except at such places as the Borough Council
may designate as Borough taxi stands.
[Ord. #553, AV, § 16]
No taxicab or other vehicle for hire shall be parked or stopped,
nor shall the drivers solicit, attempt to solicit or otherwise seek
to engage a passenger, whether the driver be in or out of the taxicab
or other vehicle, within 50 feet of a regularly operated taxicab office
or terminus, except the owner or lessee of the taxicab office or terminus
and his licensed drivers. This subsection is not intended to apply
nor shall it be construed to apply where the solicitation or acts
herein referred to occur on any railroad station property within the
Borough.
[Ord. #903, § 12]
Owners and drivers of taxicabs licensed out of the jurisdiction
of the Borough or will have their principal office or place of business
out of the jurisdiction of the Borough, may be allowed to enter their
taxicabs in the Borough, but on specific call only; whether transporting
a passenger within the Borough or from a point within this Borough
to a point outside the Borough limits or discharging a passenger transported
from a point outside of the Borough limits to a point within the Borough
limits, and the name of the passenger so calling shall be given by
the owner or driver when requested by the Borough Police or other
lawful persons. Such taxicabs shall not be parked in the Borough nor
shall the drivers cruise on the streets of the Borough at any time
for the purpose of soliciting passengers nor shall they, in the nighttime
or other periods of darkness, when in the Borough permit any advertising
lights on the taxicab to remain lighted provided, however, that the
same or similar substantial reciprocal rights are granted to owners
and drivers of taxicabs licensed in this Borough by the municipalities
in which the aforesaid owners or drivers are licensed.
[Ord. #1061]
Any person, firm or corporation found guilty in the Municipal
Court of the Borough of Keansburg of a violation of the terms of this
section shall be subject to the following in the discretion of the
Municipal Court Judge: imprisonment in the county jail or in any place
provided by the municipality for the detention of prisoners, for any
term not exceeding 90 days or by a fine not exceeding $1,000 or by
a period of community service not to exceed 90 days.
Except as otherwise provided, each and every day in which a
violation of any provision of this section exists, shall constitute
a separate violation. In addition, each violation of this section
shall be considered a separate offense upon each and every day in
which a violation exists.
[Ord. #965, § 1-1]
As used in this section:
Shall mean any automobile or motorcar, other than a bus or
taxicab, which is engaged in the business of transporting passengers
for hire, other than in the conduct of a funeral, and operates out
of closed premises, and which is hired by charter or for a particular
contract or by the day or hour or other fixed period, or charges a
fare or price agreed upon in advance between the operator and the
passenger.
[Ord. #965, § 2-1]
No person shall hire out or keep or use for hire or pay, or
cause to be kept or used for hire or pay, any livery without first
having obtained a license for that purpose from the Borough Clerk.
A separate license shall be required for each livery.
[Ord. #965, § 2-2]
a.
Each application for a livery license shall be in writing and filed
with the Borough Clerk, in duplicate, on forms provided by the Clerk.
The application shall contain:
1.
The name and address of the owner.
2.
The name and address of the lessee, if any.
3.
The business or trade name, if any, under which the owner or lessee
will operate the livery.
4.
The serial number, make, model, year and color of the livery.
5.
The automobile registration number issued for the vehicle by the
New Jersey Division of Motor Vehicles.
6.
The maximum number of persons it is to carry.
b.
In the event that, after the filing of the application and before
the expiration of the license issued thereunder, any change in circumstances
shall occur with respect to any information submitted on the application,
the applicant shall no later than 10 days following the occurrence
of such change, give written notice to the Clerk, indicating the nature
thereof and the manner in which the information set forth on the original
application should be amended, modified or corrected to conform to
such change in circumstances.
[Ord. #965, § 2-8; Ord. #971, § 2-8]
The license fee for each livery license shall be $100. For licenses
issued after November 1 of each year, the fee shall be $50. The license
fee for a driver of a livery vehicle shall be $25.
[Ord. #965, § 2-3]
No license shall be issued until the owner of the vehicle shall
have filed with the Clerk an insurance policy with a company duly
licensed to transact business under the insurance laws of this State,
conditioned for the payment of not less than $100,000 to satisfy all
claims for damages by reason of bodily injuries to or the death of
any one person resulting from an accident and a sum of not less than
$300,000 to satisfy all claims for damages by reason of bodily injuries
to or the death of all persons on account of any such accident by
reason of the ownership, operation, maintenance or use of such livery
upon any public street in the town, and conditioned for the payment
of a sum of not less than $10,000 to satisfy all claims for damages
to property of all persons on account of any such accident by reason
of the ownership, operation, maintenance or use of such livery upon
any public street in the Borough.
[Ord. #965, § 2-4]
Licenses for liveries shall be issued by the Clerk and shall
be signed by him, in the name of the Borough.
[Ord. #965, § 2-5]
Upon issuance of a livery license, the Clerk shall issue to
the licensee a card containing the name of the owner or lessee, the
license number of the vehicle and year of issue. The card shall remain
in the livery for which it is issued. It shall be exhibited by the
owner or lessee or driver thereof upon request.
[Ord. #965, §§ 2-6, 2-7]
a.
All livery licenses shall expire May 1 next succeeding the date thereof,
unless sooner suspended or revoked.
b.
Each livery license shall apply only to the person to whom granted
and shall not be transferable to any other persons. With the approval
of the Borough, the holder of a livery license applicable to a particular
livery may transfer the same to another livery owned or leased by
him upon payment of a transfer fee of $50.
[Ord. #965, §§ 4-1, 4-2]
a.
Grounds. The license of any livery may be suspended or revoked for
any of the following causes:
1.
A violation of any provision of this section, a violation of any
provision of any other ordinance of the Borough or a violation of
any of the laws of the State.
2.
The falsification of any information contained in the application
for a license.
3.
Permitting or suffering any livery to be used for any illegal or
immoral purpose or purposes.
4.
If the vehicle is found to be unsafe or unfit for public patronage.
b.
Procedure.
1.
No license issued pursuant to this section shall be revoked except
after due notice and opportunity for a hearing. Pending such hearing,
licenses may be suspended.
2.
Whenever any license issued pursuant to this section has been suspended,
it shall be forthwith surrendered to the Clerk, who shall cancel the
same.
[Ord. #965, §§ 3-1 - 3-4]
a.
Sanitation and Safety of Vehicles; Inspections. Licensed liveries
may be inspected and reinspected at any time for cleanliness, sanitary
condition, mechanical safety for the transportation of passengers
and general safety and fitness for public patronage.
b.
Change of Address of Owners. Any change of address of the owner of
any livery occurring after the issuance of a license under this section,
shall be reported by the licensee to the Clerk, in writing, within
three days after such change.
c.
Lost or Abandoned Property in Vehicles. The driver of any licensed
livery, immediately after the termination of any hiring or employment,
shall carefully search his livery for any property lost or abandoned
therein. Such property, unless sooner claimed or delivered to the
owner, shall be reported in writing by the driver or by the owner
of the livery to the Police Department, giving particulars and a brief
description of the property, within 24 hours after the finding of
the same. All such property not claimed within a twenty-four-hour
period shall be turned over by such driver or owner of a livery to
the Police Department.
d.
Private Use of Licensed Vehicles. Nothing contained in this section
shall prohibit the use of a livery for private purposes, provided
that there is not solicitation of patronage.
[Ord. #965, §§ 5-1 - 5-2]
[Ord. #965, § 6-1]
[Ord. #541; repealed by Ord. No. 2017-1598]
