The taxicab operator's permit fee for each driver of a
taxicab shall be $25 per year. The licensing period shall extend from
October 1 to September 30 of the following year. The fee imposed herein
shall be to defray the cost of administering, regulating and enforcing
this chapter and to defray the cost of the inspections required pursuant
to the terms of this chapter.
If at any time within the licensed year a taxicab driver has
been convicted of a crime or traffic violation, he shall immediately
notify the Municipal Clerk of the conviction, the jurisdiction of
the conviction, the offense for which he was convicted, and the circumstances
thereof. It shall be in the discretion of the Township Council to
revoke his operator's permit.
Every licensed taxicab operator, while operating a licensed
vehicle for the transportation of passengers for hire in the Township,
shall be properly attired in a clean shirt shall be clean-shaven or
possess a neatly trimmed beard or moustache. It shall be unlawful
for the operator to wear an undershirt as an outer garment while so
employed.
[Amended 10-21-2014 by Ord. No. 32-14]
The owner of any taxicab business license in the Township of
Brick shall be responsible to ensure that any and all drivers under
his employ properly comply with all requirements set forth in this
ordinance. The license owner's failure to verify his employees'
proper compliance with all requirements set forth in this ordinance
shall subject the license owner to all of the fines and penalties
to which operators of taxicabs are subject and to be charged separately
and in conformance with the penalties enumerated under this section.
A. The owner of a taxicab business license or the taxicab operator who
is found guilty after a hearing in Brick Township Municipal Court
of a violation of any of the following shall be subject to the following
fines:
(1) Operation of a taxicab without a valid taxicab license.
(d)
Fourth offense: revocation of business license.
(2) Operation of a taxicab without a valid taxicab operator's permit:
(a)
First offense.
[1]
Taxicab operator's first offense: $1,000.
[2]
Taxicab business license owner's first offense: $2,000.
(b)
Second offense.
[1]
Taxicab operator's second offense: $1,500.
[2]
Taxicab business license owner's second offense: $3,000.
(c)
Third offense.
[1]
Taxicab operator's third offense: $2,000.
[2]
Taxicab business license owner's third offense: $4,000.
(d)
Fourth offense: revocation of business license.
(3) Charge passenger in excess of permitted fare: not less than $100
nor more than $200.
(4) Failure to display taxicab operator's permit in vehicle pursuant to §§
421-7 and
421-23B: not less than $100 nor more than $200.
(5) Filing false information on taxicab operator's permit application required by this chapter: not less than $500 nor more than $1,000. In addition to any fine imposed, the court shall have the discretion to suspend the offender's taxicab operator's permit for up to one year in addition to the penalty prescribed in §
421-24.
(6) Violation of §
421-18: not less than $100 nor more than $200.
(7) Failure to display rates: not less than $100 nor more than $200.
(8) Violation of any other section of this chapter for which no specific
penalty is listed: not less than $100 nor more than $200.
B. Summons and complaint. A summons and complaint citing a violation
of this chapter returnable in Brick Township Municipal Court shall
be served personally or by mail to the last known address of the person
charged with a violation of this chapter.
C. Waiver of Municipal Court hearing. Any person, partnership or corporation charged with a violation of any section of this chapter may waive the Court hearing hereon by pleading guilty to the violation and making payment to the Court Clerk of the maximum fine for the violation; provided, however, that a Court appearance shall be required for any person, partnership or corporation charged with a violation of §
421-23, Issuance of taxicab operator's permit; display. Upon satisfactory fulfillment of the foregoing requirements, the Municipal Clerk, after the approval of the Township Council, shall issue to the applicant a taxicab operator's permit which shall contain the photograph and permit number of the operator.
D. Separate liability. Owners and operators of taxicabs shall be separately
charged with allegations of violations of any portion of this chapter.
No conviction of an operator of a taxicab shall result in an automatic
conviction of the owner of the taxicab for a violation of any portion
of this chapter. Similarly, no conviction of an owner of a taxicab
shall result in an automatic conviction of the operator of the taxicab
for a violation of any portion of this chapter.
[Added 10-21-2014 by Ord. No. 32-14]
A. Taxicab business licenses or taxicab operator's permits issued
under the provisions of this chapter may be suspended or revoked by
the Township Council if the owner of a license or the holder of a
permit has:
(1)
Violated any of the provisions of this chapter;
(2)
Discontinued operation for more than 30 days; or
(3)
Violated any ordinances of the Township of Brick, or the laws
of the United States or the State of New Jersey, the violation of
which reflects unfavorably on the fitness of the owner of the license
or the holder of the permit to offer public transportation.
B. Prior to suspension or revocation, the owner of a taxicab business
license or the holder of a taxicab operator's permit shall be
given written notice of the proposed action to be taken, the charges
against him or her and, thereupon, the license owner or the holder
of a permit shall be given a hearing.