[Ord. 2001-12 § 1,
2001]
The Borough of Ship Bottom, county of Ocean, state of New
Jersey, the governing body of which is the Borough council.
Any person who drives or operates a taxi which originates
fare-generating services within the Borough.
As defined in P.L. 356, approved January 14, 2000, but such
may be subject to the mercantile rules and ordinances of the Borough.
A limousine may not advertise, solicit, or otherwise seek to obtain
business and fare-paying customers in the manner of a taxi, and to
the extent that a limousine may do so in a manner not fitting the
definition and meaning of P.L. 1999, Chapter 356, referenced above,
it shall be considered a taxi subject to the regulation of this chapter.
Limousines are intended to be charter-type or contract-type service
as defined and within the meaning of P.L. 1999, Chapter 356, referenced
above. Therefore, whenever a limousine owner or operator operates
in a manner of a taxi within the Borough of Ship Bottom, that owner
or operator must comply with the terms and conditions of this chapter.
Transporting in such taxi one or more persons for hire along
any of the streets in the Borough, accepting a passenger to be transported
for hire from a point of departure within the Borough to a destination
within or outside the Borough shall be considered operation of a taxicab
within the Borough. The driving or operation of a taxicab as above
described by one other than the owner shall be operation by the owner
thereof, as well as by the person actually driving the taxi. The transportation
of any person other than the owner or driver in any motor vehicle
bearing the sign therein or thereon using the words "taxi," "taxicab,"
or "cab," shall be prima fascia evidence of operation of a taxi.
Any person in whose name title to any taxi is registered
within the New Jersey Division of Motor Vehicles or who appears in
the division's records to be a conditional vendee or licensee or lessee
or has any other proprietary interest thereof.
Any individual, partnership, limited partnership, association,
corporation or joint stock company, their lessees, trustees, or receivers.
Includes any street, avenue, park, parkway, highway, or other
public place, whether or not the same is improved.
Any autocab, automobile, motor car or motor vehicle commonly
called taxi, duly licensed by the Borough of Ship Bottom engaged in
the business of carrying passengers for hire, which is held out, announced
or advertised to operate or run or which is operated to run over any
of the streets within the Borough of Ship Bottom and which accepts
passengers for transportation from undesignated points or places within
or without the Borough; provided, however, that herein contained shall
include or make this chapter applicable to limousines so long as they
are operated within the Borough exclusively as limousines (within
the definition and meaning of P.L. 1999, Chapter 356, approved January
14, 2000), or other public conveyances including autobuses, buses,
public liveries, or jitneys, which are public conveyances that are
operated on designated routes and are by law exclusively subject to
state and/or federal regulation.
[Ord. 2001-12 § 2,
2001]
A.
Authority. The authority to license and regulate taxicabs as set
forth in N.J.S.A. 40:52-1 and N.J.S.A. 48:16-1 through N.J.S.A. 48:16-12,
both inclusive, as amended and supplemented, shall be complied within
the licensing and regulating of taxis in this article.
B.
Scope. This section shall apply to all businesses commonly known
as taxis which are located in the Borough of Ship Bottom.
[Ord. 2001-12 §§ 3,
4, 2001]
A.
Taxi Owner's License. The Borough council is hereby authorized to
issue licenses to owners of autocabs who are of good moral character
and who otherwise qualify according to the provisions of this article.
A taxi owner's license shall entitle the individual licensed motor
vehicle as a taxi to pick up passengers within the Borough and to
otherwise be lawfully operated anywhere within the Borough by a driver
duly licensed hereunder and by the New Jersey Division of Motor Vehicles,
until either of the licenses expire or is surrendered, suspended or
revoked. The taxi owner's license may not be transferred to a successor
owner, without the consent and approval of the Borough council upon
the application of the proposed new owner of a complete application,
together with full compliance with the provisions of this section
and favorable action by the Borough council at a regularly scheduled
meeting at the discretion of the Borough council. A separate owner's
license is required for each vehicle. Only the actual owner of the
vehicle which is to be used as a taxi within the Borough may be holder
of the taxi owner's license regarding the taxi. The Borough council
may limit the total number of taxi owner's licenses, as set forth
in this section.
1.
All applications for taxi owner's license or renewal thereof shall
be filed with the Borough clerk, who shall submit the said applications
when deemed by him/her to be complete, and until the completion of
the investigation as required by this section to the Borough council
at the next regularly scheduled meeting for action.
2.
All applications for taxi owner's licenses and renewals thereof shall
be in writing, on the form established by, and as may be amended from
time to time by the Borough clerk, and shall contain at least the
full name and address, the date of birth, social security number of
the owner; the serial number, type, color, year and make of the taxi,
the state vehicle registration number of doors on the vehicle, and
number of persons the vehicle can carry as passengers. The application
shall be accompanied by a photostatic copy of the driver's license
of the applicant, proof of the existence of an insurance policy which
shall provide liability insurance in the amount of not less than $1,500,000
against loss by reason of liability for damages on account of bodily
injury or death suffered by any person as the result of an accident
occurring by reason of the ownership, maintenance or use of the taxicab
upon any public street.
3.
An application for renewal of such license shall require the same
information and documents as an application for an initial license,
which information and documents shall be current for the application
licensing. All applications shall be filed with the Borough clerk
who shall, prior to submitting the application to the Borough council
for approval, receive proof that the applicant is at least 18 years
of age and a citizen of the United States.
4.
If the applicant is a corporation, such corporation must be organized
and exist under the laws of the state of New Jersey and must present
proof thereon, or if organized and existing under the laws of another
state must be officially authorized to do business in the state of
New Jersey, and the applicant must supply the name and address of
the New Jersey registered agent for the corporation.
5.
All applications submitted to the clerk shall be referred by the
clerk to the Ship Bottom police department who shall conduct an investigation
of the applicant and ascertain that the applicant has never been convicted
of any crime or disorderly persons offense involving moral turpitude,
including but not limited to conviction for possession and/or distribution
of pornography, conviction for possession and/or distribution of controlled
dangerous substances or conviction of a New Jersey statute prohibiting
prostitution, sexual offenses, physical violence against persons or
property, within the next 10 years preceding the date of the application.
If the applicant is a partnership or a corporation then no partner
or holder of 10% or more of the stock in the corporation shall have
any such conviction records. In addition, it may be grounds for denial
of a license should the applicant or partner or stockholder owning
more than 10% of the stock in the applicant corporation have previously
had a license to operate a taxicab or taxicab business revoked in
any jurisdiction.
B.
Operators' Licenses. The Borough council is hereby authorized to
issue licenses to operate taxis to persons who are capable and of
good moral character and who otherwise qualify according to the provisions
of this section. Such license shall hereinafter be referred to as
an "operator's license." No person shall drive a taxi for the purpose
of accepting therein or discharging therefrom any person without having
first obtained a license to do so and the following:
1.
Each application for a taxi driver's license or renewal thereof shall
be on the form provided by the Borough clerk as referenced above and
the applicant shall provide thereon at least that same information
required of the owner applicants as may be applicable to individuals.
An application for renewal of such license shall require all of the
same information and documents as an application for an initial license,
which information and documents shall be current for the applicant's
licensing period.
2.
The applicant shall establish that he/she is at least 18 years of
age and a citizen of the United States or lawfully a resident of the
United States.
3.
Each applicant for a taxi driver's license shall also submit a certificate
from a licensed physician of the state of New Jersey, at the applicant's
expense, certifying that the applicant has been examined within the
preceding 30 days and that the applicant has no infirmity of body
or mind, or visual impairment or deficiency, which could render the
applicant unfit for the safe driving or operation of a taxi; such
physician's certificate shall be presented at the time of the initial
application and at the time of applications for renewal thereafter.
4.
Each applicant for a taxi driver's license shall also submit his/her
certification of any traffic violations over the preceding five years
and the applicant shall also certify that he/she has sufficient knowledge
of the Borough and state traffic regulations.
5.
No applicant for a taxi owner's license or a taxi driver's license
or renewal thereof shall submit any documentation on or with the application
which is fraudulent, misleading or untrue nor shall any such applicant
complete the application in a manner which is fraudulent, misleading
or untrue.
6.
All applicants shall have a valid New Jersey license with no suspensions
or revocations of license in any jurisdiction for the preceding two
years.
7.
All applicants shall state the name of the licensee of the taxicab
by whom or which he/she will be employed.
8.
At the time of the making of the initial application, all applicants
shall have their fingerprints taken and filed with the Ship Bottom
police department.
[Ord. 2001-12 § 5,
2001]
A.
Neither an owner's nor an operator's license shall be granted to
any person unless the application for such license has been submitted
to the Borough council. An applicant for an owner's license shall
be investigated by the chief of police and shall be fingerprinted
and photographed. An applicant for an operator's license shall be
investigated by the chief of police to determine that he or she meets
the requirements here before established in Section 5.56.030(A) and
shall be fingerprinted and photographed. A complete report of the
investigation shall be submitted to the Borough council for its action
thereon.
1.
If, as a result of such investigation by the chief of police, the
applicant is found to be unsatisfactory, the chief of police shall
endorse on such application his or her disapproval and reasons therefor.
2.
If, as a result of such investigation, the applicant is found to
be satisfactory, the chief of police shall endorse his or her approval.
3.
The investigation may take up to six weeks to complete.
B.
In the event of denial, the Borough council shall instruct the Borough
clerk to notify the applicant, by certified mail, setting forth the
reasons for denial. Within the five days, the applicant may file with
the Borough council, a written request for a hearing on the application,
together with written exceptions to the findings of fact upon which
the chief of police based his or her disapproval. Upon the filing
of such a request, the Borough council shall fix the time and place
for a hearing and shall notify the applicant thereof, which hearing
shall be held within 10 days after the request is filed. Within 10
days after the conclusion of the hearing, the Borough council shall
make its final decision whether to issue the license or sustain the
denial of the application. The decision shall be written and shall
set forth the reasons for affirming or reversing its prior action.
C.
Inspection of the vehicle. A vehicle must be inspected at a state-approved
inspection station only.
[Ord. 2001-12 § 6,
2001]
A.
Owners' and operators' licenses shall be numbered consecutively in
their respective classifications and shall expire on December 31st
of each year of issue. Licenses not suspended or revoked may be renewed
annually, subject to all of the same conditions, provisions and charges
as required by the original license. Each license shall contain the
following:
B.
Each owner's license shall identify the vehicle for which it is issued,
giving the make, model, year and serial number thereof. If more than
one vehicle is licensed pursuant to a single license, each vehicle
subject to that license approval shall be so described. The license
for each vehicle shall be assigned by the Borough clerk and shall
be conspicuously displayed in the vehicle at all times.
C.
The Borough clerk shall keep a register of all licenses granted,
which register shall contain the details required by this section.
D.
Renewal of the owner's and operator's licenses. Taxicab owners' licenses
may be renewed annually by the Borough council after vehicle inspection
by a state-approved inspection station. Operator's licenses may be
renewed annually by the Borough council.
1.
An application for renewal for an owner's or operator's license shall
be made as provided in Section 5.56.030(A).
2.
Time for Filing. The renewal application for owners or operators
shall be filed on or before December 15th of the calendar year preceding
the requested renewal, which requirement may be waived or the period
extended by the Borough clerk for good cause shown.
[Ord. 2001-12 § 7,
2001]
A.
License Fee. The annual fee for a taxicab business license shall
be $150. In addition thereto, a license fee of $50 per owner application
filed. In addition, thereto, each owner must pay the annual cost for
N.J.S.B.I., check made payable to the New Jersey State Police and
paid to the Ship Bottom police department, with fees paid to the clerk
upon submission of the respective application.
B.
Operator's License. For each operator's license application or for
each renewal thereof, the fee shall be $30, plus the annual cost for
N.J.S.B.I. The check for the N.J.S.B.I. shall be made payable to the
New Jersey State Police and submitted with fees paid to the clerk
at the time of the application or renewal.
[Ord. 2001-12 § 8,
2001]
A.
Each application for a taxi owner's license or the renewal thereof shall provide proof of insurance as provided for in Section 5.56.030 proof of insurance shall name the Borough of Ship Bottom as an "additional insured" with the provision that notice is to be given imr the Borough in the event of cancellation of the policy for any reason. Cancellation of the policy shall cause immediate forfeiture and of the license as provided in Subsection (B) below.
B.
The policy of insurance shall provide coverage for every driver of
each vehicle listed in the policy. A taxi owner's license shall be
deemed to have been suspended on receipt of a notice of cancellation
of the insurance policy, and shall be deemed forfeited and surrendered
if sufficient proof is not supplied to the Borough clerk that the
cancellation notice is rescinded and/or that the policy is renewed
or replaced within 30 days after the cancellation notice date.
C.
The issuance of the taxi owner's license by the Borough shall be
deemed to constitute an agreement by and between the applicant and
the Borough that the applicant agrees to indemnify and hold the Borough
harmless from any and all claims from damages arising out of personal
injury and/or property damage made by third parties as a result of
or incidental to the issuance of the license and driving or operation
of a taxi.
[Ord. 2001-12 § 9,
2001]
No taxi owner's or driver's license shall be issued until the
applicant therefore shall have executed and delivered a signed and
dated agreement which holds the Borough harmless, and by which the
applicant agreed to completely indemnify the Borough for all costs
and expenses incurred for any claims arising out of the applicant's
ownership or operation of a taxi in the Borough.
[Ord. 2001-12 § 10,
2001]
A.
The Borough clerk, upon approval of a license by the Borough council,
shall issue a certificate, in duplicate, showing that the owner of
the taxi has complied with the terms and provisions of this article.
B.
This certificate shall recite the name and the insurance company,
the number and date of expiration of the policy or bond, a description
of the taxi insured thereunder and the registration number of the
same.
C.
The duplicate certificate shall be filed with the department of motor
vehicles before any such car is licensed as a taxi.
D.
The original certificate shall be posted in a conspicuous place within
the taxi.
[Ord. 2001-12 § 11,
2001]
A.
All licensees held hereunder shall abide by the following regulations
applicable to the license or licenses held:
1.
Posting of License Identification. When filing an application and
renewal applications, each applicant must furnish three recent passport
type photographs of the applicant being not less than 1 1/4 inches
in height by one inch in length. Two photographs are to be filed with
each operator's license application; and one is to be posted in a
conspicuous place on the inside of each taxicab, together with the
name and address of the owner and the name and address of the driver,
together with the license number of the vehicle and number of the
operator's license. The Borough clerk shall issue the identification
card.
2.
Change of Address — Loss of Records. Any change of address
of any person licensed by this article must be reported, in writing,
to the Borough clerk's office within 72 hours of such change. The
loss of the license badge or any other document required to be kept
by a licensed owner or operator must be reported to the Borough clerk's
office, in writing, within 72 hours of such loss.
3.
Identification of Taxicab. Each taxicab shall have the trade name
of the taxicab lettered on its exterior. Each taxicab shall also conspicuously
display on the right and left side of the exterior of the taxicab
the owner's number assigned by the Borough clerk's office, in letters
which are not less than four inches, nor more than eight inches in
height.
4.
Accidents — Reporting and Repair. Every owner of a licensed
taxicab which is involved in an automobile accident shall provide
the Ship Bottom police department with a copy of the accident report,
within five working days after the accident, regardless of where the
accident occurred. A taxicab which has sustained damage to the vehicle,
such as dents or are in need of painting shall be repaired within
eight weeks after the date of the accident. The police department
shall inform the taxicab owner of any and all repairs which are necessary.
Any owner who failed to comply with this subsection shall be in violation
of this section and subject to suspension of the owner's license.
5.
Receipts. The operator of any taxicab or autocab shall, upon demand
by a passenger, render such passenger a receipt for the amount charged,
on which shall contain the name of the owner of the taxicab, the trade
name if different, the name of the vehicle operator, the date and
the time of the transaction and the amount of the fare.
6.
Safety Equipment. Vehicles for hire shall have at least one child
restraint seat available at all times.
B.
A badge shall be issued with each operator's license pursuant to
this section and shall bear the license number of the driver and the
word "operator" thereon. The badge must be conspicuously displayed
on the left breast of the driver's outer garment when he or she is
engaged in his or her employment. If any badge becomes lost or destroyed,
a new badge shall be furnished by the Borough clerk upon payment of
the sum of $25.
C.
Sale or Loan of Badge Prohibited. No person shall sell, loan or otherwise
dispose of any license issued under the provisions of this section
or of any badge delivered by the Borough clerk with any license.
[Ord. 2001-12 § 12,
2001]
No owner or operator of any autocab, while waiting for employment
at any place other than the garage or residence of the owner thereof,
shall refuse conveyance to any person, without just cause.
[Ord. 2001-12 § 13,
2001]
No operator shall permit any person or persons, other than the
person or persons first employing the autocab to occupy or ride in
the autocab unless the person or persons first employing the autocab
shall consent to the acceptance of such additional passenger or passengers.
[Ord. 2001-12 § 14,
2001]
Each passenger shall be entitled to have carried and conveyed
upon any licensed autocab, without charge, his or her ordinary traveling
baggage.
[Ord. 2001-12 § 15,
2001]
Every owner's or operator's license granted hereunder may be suspended or revoked by the Borough council, after notice and hearing, for the violation of any provision of this section or the statutory provisions incorporated in Section 5.56.020 hereof or for other good and sufficient cause. During said suspension, and after revocation, the license shall be surrendered to the Borough forthwith, along with the badge supplied by the Borough pursuant to Section 5.56.100.
[Ord. 2001-12 § 16,
2001]
A.
Any person violating or failing to comply with any other provisions
of this article shall, upon conviction thereof, be punishable by fine
of not more than $1,000, by imprisonment for a term not to exceed
90 days, or by community service of not more than 90 days, or any
combination of fines, imprisonment and community service as determined
by the municipal court judge. The continuation of such violations
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
B.
The violation of any provision of this article shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
