[HISTORY: Adopted by the Borough Council
of the Borough of Eatontown 2-24-1993 by Ord. No. 5-93. 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:
Includes any automobile or motor car with a carrying capacity
of not more than nine passengers, not including the driver, used in
the business of carrying passengers for hire which is held out, announced
or advertised to operate or run over any of the streets or public
highways in the Borough of Eatontown, and which is hired by charter
or for a particular contract or by the day or hour or other fixed
period or to transport passengers to a specified place or places or
which charges a fare or price agreed upon in advance between the operator
and the passenger(s).
The Borough of Eatontown, in the County of Monmouth, State
of New Jersey.
The practice of driving about the streets of the Borough
of Eatontown with a taxicab or autocab so as to solicit passengers
or to bring the presence of a taxicab to the attention of perspective
passengers. A taxicab or autocab driving along the streets of the
Borough or through private property from and to the streets of the
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 or autocab by a perspective passenger or returning
by the most direct route to the taxicab's or autocab's home terminus
after discharging a passenger or going to or from the terminus to
the driver's home by the most direct route, shall be prima facie evidence
of cruising.The practice of driving about the streets of the Borough
of Eatontown with a taxicab or autocab so as to solicit passengers
or to bring the presence of a taxicab to the attention of perspective
passengers. A taxicab or autocab driving along the streets of the
Borough or through private property from and to the streets of the
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 or autocab by a perspective passenger or returning
by the most direct route to the taxicab's or autocab's home terminus
after discharging a passenger or going to or from the terminus to
the driver's home by the most direct route, shall be prima facie evidence
of cruising.[1]
[Added 5-22-2002 by Ord. No. 13-2002]
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 of
no more than 14 passengers, not including the driver[.]"[2]
[Added 11-1-2017 by Ord.
No. 06-2017]
Includes transporting in such taxicab or autocab 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 of the Borough's 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 the taxicab or autocab within the meaning
thereof. The operation of a taxicab or autocab 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.
Transportation of any person other than the owner or driver in any
motor vehicle with a sign therein or thereof using the words "taxi,"
"taxicab" or "cab" or "hack" shall be prima facie evidence of operation.
Includes transporting in such taxicab or autocab 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 of the Borough's 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 the taxicab or autocab within the meaning thereof.
The operation of a taxicab or autocab 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.
Transportation of any person other than the owner or driver in any
motor vehicle with a sign therein or thereof using the words "taxi,"
"taxicab" or "cab" or "hack" shall be prima facie evidence of operation.
[Added 5-22-2002 by Ord. No. 13-2002]
Any person, corporation or association in whose name title
to any taxicab, autocab or limousine is registered with the New Jersey
Department of Motor Vehicles or who appears in such records to be
the conditional vendee or lessee thereof.
[Added 5-22-2002 by Ord. No. 13-2002]
A section of a public street or public place set apart for
the exclusive use of a limited number of taxicabs when such section
is distinctly marked as such by a metal sign attached to a stanchion
on the curb or other conspicuous place or by clearly visible marks
upon the surface of the street or public place.
A motor vehicle used in the business of transportation of
passengers for hire within the Borough of Eatontown.
[Amended 10-9-2002 by Ord. No. 22-2002]
A.
The licensing of taxicabs and autocab services shall be by the Borough
Administrator. Licenses shall be countersigned by the Police Department,
and all fees for licenses shall be paid to the Police Department of
the Borough of Eatontown. All autocab/taxicab drivers licensed by
the Borough must possess and maintain a valid New Jersey driver's
license.
[Amended 5-26-2010 by Ord. No. 13-2010; 11-1-2017 by Ord. No. 06-2017]
B.
The governing body may establish rules and regulations
for the inspection of taxicabs and autocabs, the construction and
condition of fitness for the safe and adequate transportation of passengers
and the general cleanliness of taxicabs and autocabs.
[Amended 5-26-2010 by Ord. No. 13-2010]
C.
The Borough Clerk will issue a certificate of liability to a limousine
company for Division of Motor Vehicle purposes. The owner of the
limousine shall comply with the execution and delivery of the power
of attorney requirements set forth in N.J.S.A. 48:16-16. The power
of attorney must be executed and delivered to the Division of Motor
Vehicles, wherein the owner shall appoint the Director of the Division
of Motor Vehicles as his true and lawful attorney for the purpose
of acknowledgement of service of process.
[Added 10-25-2006 by Ord. No. 34-2006; amended 11-1-2017 by Ord. No.
06-2017]
[Amended 5-22-2002 by Ord. No. 13-2002]
A.
License required. No person shall operate any taxicab
or autocab within the Borough unless both the taxicab and the driver
thereof are licensed pursuant to this section and conform to all the
provisions thereof.
B.
Two classes of licenses established. There are hereby
established two classes of licenses to be known as "taxicab/autocab
driver's license" and "taxicab/autocab owner's license," respectively.
[Amended 10-25-2006 by Ord. No. 34-2006]
C.
Taxicab/autocab driver's license. A taxicab/autocab
driver's license shall entitle the person named therein to operate
within the Borough any taxicab or autocab duly licensed hereunder
until the license either expires or is surrendered, suspended or revoked
and shall not be transferable.
[Amended 10-25-2006 by Ord. No. 34-2006]
D.
Owner's license. A taxicab/autocab owner's license shall
entitle the taxicab/autocab therein described to be operated in this
Borough by a driver duly licensed hereunder until the license either
expires or is surrendered, suspended or revoked and shall not be transferable
from company to company.
[Amended 10-25-2006 by Ord. No. 34-2006; 11-1-2017 by Ord. No. 06-2017]
E.
Expiration. Any license issued pursuant to the terms
of this section shall expire at 12:00 midnight on January 31 of the
year following the year in which it was issued unless sooner surrendered,
suspended or revoked.
[Amended 5-26-2010 by Ord. No. 13-2010]
F.
Number of licenses. The number of owner's licenses known as
"taxicab/autocab owner's licenses" shall not exceed 75 for the
entire Borough, except as herein set forth. Any taxicab/autocab driver
who drives for more than one company will need a separate license
for each company at which he/she is employed. The governing body may
reduce the number of licenses by removing from the market any licenses
taken back by the Borough due to violations of any laws or ordinances.
[Amended 10-25-2006 by Ord. No. 34-2006; 5-26-2010 by Ord. No. 13-2010; 11-1-2017 by Ord. No. 06-2017]
G.
Application. All applicants for the issuance or renewal of any license
of either class must possess a valid New Jersey driver's license.
All applications shall be made to the Borough Police Department on
forms obtained from the Police Department. The application shall contain
the full name and address of the applicant, the year, type and model
of the vehicle to be licensed and the number of persons it is capable
of carrying and shall be accompanied by the required fee. No person
shall be issued a license unless the vehicle can accommodate a minimum
of four passengers or a maximum of nine passengers. Each applicant
for a license of any class shall supply the information requested
on the application in full and verify the correctness thereof by his
oath or affirmation and thereafter file the complete application with
the Police Department, together with the full amount for the proper
fee hereinafter fixed therefor. Upon the first submission of an application
for a taxicab/autocab driver's license, the applicant shall consent
to a state and federal criminal history check through fingerprinting
and shall pay the net fee charged to the Borough by the appropriate
governmental agency to secure the applicant's criminal history.
Upon each annual renewal of any license, the applicant shall consent
to a "name check only" criminal history background check performed
by the New Jersey State Police and shall pay the net fee charged to
the Borough to secure the applicant's criminal history. In addition,
the following licensing requirements shall apply:
[Amended 4-23-2003 by Ord. No. 5-2003; 5-26-2010 by Ord. No. 13-2010; 11-1-2017 by Ord. No. 06-2017]
(1)
All applicants for the issuance or renewal of a taxicab/autocab owner's
license shall submit a copy of a valid New Jersey driver's license,
a power of attorney, and a certification of liability listing the
Borough of Eatontown as the certificate holder.
(2)
All applicants for the issuance or renewal of a taxicab/autocab driver's
license shall submit a copy of a valid New Jersey driver's license,
a current driver's abstract, two passport-sized photos, and proof
of employment verification.
(3)
Any driver, owner, or individual company with more than one taxicab/autocab
shall submit all applications for licensing at the same time.
H.
Fee. The annual fee for each taxicab/autocab driver's license
hereinafter issued or any renewal thereof shall be $100 for each year
or part thereof. The annual fee for each taxicab/autocab owner's
license issued or renewed shall be $300 annually for each taxicab/autocab
for each year or portion of a year for the license that is issued
or renewed. All such licenses shall be under the charge and control
of the person applying therefor, and that person shall be responsible
for the operation of all cars so licensed.
[Amended 10-9-2002 by Ord. No. 22-2002; 4-23-2003 by Ord. No. 5-2003; 10-25-2006 by Ord. No. 34-2006; 5-26-2010 by Ord. No. 13-2010; 11-1-2017 by Ord. No. 06-2017]
I.
Inspection of vehicles. No license shall be issued or reissued to
operate a taxicab/autocab and no vehicle shall be used as a taxicab/autocab
until the vehicle has been inspected and examined by an officer designated
by the Chief of Police and found to be in a thoroughly safe, clean
and sanitary condition for the transportation of passengers and contains
all safety devices required by law. All taxicabs/autocabs for each
individual company must be available for inspection at the same time.
Any vehicle which fails to pass inspection shall immediately be taken
out of service and shall not be operated again within the Borough
until the defects which led to the rejection are corrected. In the
case of minor defects which do not constitute an immediate danger
to the health or safety of the public, the vehicle may continue to
operate for a period of one week, at the end of which time it shall
be reinspected. If the defect has not been corrected, the vehicle
shall immediately be taken out of service and shall remain out of
service until the defect is corrected.
[Amended 10-25-2006 by Ord. No. 34-2006; 5-26-2010 by Ord. No. 13-2010; 11-1-2017 by Ord. No. 06-2017]
J.
Transfer of license.
[Amended 4-23-2003 by Ord. No. 5-2003; 10-25-2006 by Ord. No. 34-2006; 5-26-2010 by Ord. No. 13-2010]
(1)
The owner of a licensed taxicab/autocab shall not
sell, lease, rent, assign, transfer or in any other manner dispose
of a taxicab or autocab license without the permission of the Borough
Administrator; nor shall any owner of such vehicle hire out or rent
a taxicab or autocab to a taxicab or autocab driver or any other person
for use within the Borough for a stipulated sum over a definite period
of time.
(2)
Any taxicab/autocab owner's license issued may be transferred
with the payment of a transfer fee of $200 upon obtaining written
approval of the Borough Administrator.
[Amended 11-1-2017 by Ord. No. 06-2017]
K.
Conditions. All applicants must truthfully complete
an application for a taxicab/autocab driver's license or owner's license,
which application shall be furnished by the Police Department. The
completed application shall be returned to the Police Department with
the appropriate fees, a certified Division of Motor Vehicles abstract
of the applicant, proof of employment from the company licensed to
do business in the Borough and two passport-size photographs of the
applicant. The applicant must be of good and moral character. The
Borough may deny the issuance of a taxicab/autocab driver's license
or owner's license based upon past criminal convictions of the applicant.
[Amended 10-25-2006 by Ord. No. 34-2006]
L.
Issuance of license. Upon satisfactory fulfillment of the foregoing
requirements, there shall be issued by the Police Department, after
approval of the Borough Administrator, to the applicant a driver's
and/or owner's license card. The driver's license card shall
contain a photograph and Borough license number of the licensee. The
owner's license shall contain the name of the applicant, the
Borough license number, make, model and VIN number for the vehicle,
and a notice that in case of any complaint the Police Department under
which the taxicab/autocab is operated shall be notified. Applicants
may appeal any denial of a license to the governing body.
[Amended 10-25-2006 by Ord. No. 34-2006; 5-26-2010 by Ord. No. 13-2010; 11-1-2017 by Ord. No. 06-2017]
M.
Decal for licensed vehicles displayed. A decal shall be provided
by the Borough for all taxicabs/autocabs licensed to do business in
the Borough, and the decal shall be prominently displayed on the passenger
side of the interior front windshield, at the same height as an inspection
sticker.
[Amended 10-25-2006 by Ord. No. 34-2006; 11-1-2017 by Ord. No. 06-2017]
O.
Prohibited solicitation of passengers. No person shall
cruise the streets of the Borough of Eatontown with any taxicab/autocab
at any time for the purpose of soliciting passengers.
[Amended 10-25-2006 by Ord. No. 34-2006]
P.
Power of attorney. All owners of taxicabs and autocabs
who apply for a license shall execute and deliver to the Police Department
to be filed with the Clerk of the Borough of Eatontown concurrently
with the filing of an insurance policy or bond set forth below, a
power of attorney, wherein and whereby the owner shall appoint the
chief fiscal officer of the municipality his or her 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.
[Added 10-9-2002 by Ord. No. 22-2002]
Q.
Regulations governing taxicabs/autocabs licensed by
other municipalities. Owners and drivers of taxicabs/autocabs licensed
out of the jurisdiction of this Borough may be allowed to enter their
taxicab/autocab in this Borough, but on a specific call only, whether
transporting a passenger within the Borough or from a point within
the Borough to a point outside the Borough's 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 taxicab/autocab shall
not be parked in this Borough nor shall the drivers thereof cruise
on the streets of this 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 lit; provided, however, that the same or similar substantial
reciprocal rights are granted to the owners and drivers of taxicabs
licensed in this Borough from municipalities in which the aforesaid
owners or drivers are licensed.
[Added 4-23-2003 by Ord. No. 5-2003]
A.
Required. No license shall be issued to operate a
taxicab or autocab, and no person shall operate a taxicab or autocab
unless the applicant or licensee complies with provisions of N.J.S.A.
48:16-1 et seq.
B.
Revocation of license. If notice is served on the
Borough Clerk that the insurance coverage has been revoked or suspended,
the Borough Clerk shall notify the Chief of Police, who shall forthwith
have the license withdrawn from the licensee and shall notify the
licensee to cease and desist from the operation of the taxicab or
autocab.
C.
Autocabs (limousine or livery service). Any taxicab
owner issued a license pursuant to this chapter who chooses to operate
his taxicab as an autocab (limousine or livery service), as defined
in N.J.S.A. 48:16-13, may do so by providing the proper insurance
coverage as required under N.J.S.A. 48:16-14.
A.
Record of vehicle. The Police Department shall keep
a register of the name of each person licensed to operate a taxicab
or autocab and the license number, make and description of such vehicle
with the date and complete record of inspection made of it.
B.
Right of inspection. The Police Department shall maintain
constant vigilance over all taxicabs or autocabs to see that they
are kept clean and in a condition of safety for the transportation
of passengers and shall have the right at any time to inspect any
such vehicle.
[1]
Editor’s Note: Former § 296-7, Revocation and suspension
of license, as amended, was repealed 11-1-2017 by Ord. No. 06-2017.
[Amended 5-26-2010 by Ord. No. 13-2010]
Public taxicab stands shall be designated by
the governing body. Not more than the authorized number of taxicabs
shall remain at any stand. The taxicabs shall operate on a first-in,
first-out basis, and no taxicab operator shall have more than one
taxicab at any designated taxicab stand. The governing body may establish
other stands when necessary. The continuance of such stands shall
be subject to the approval or disapproval of the governing body.
A.
Rates of fares.
(1)
The rate of fares to be charged within the Borough
of Eatontown shall be fixed by resolution of the governing body of
the Borough of Eatontown, and the governing body may, by resolution,
establish zones for the purpose of fixing rates.
[Amended 5-26-2010 by Ord. No. 13-2010]
(2)
The charge for any fare shall be in accordance with
the rates set by the governing body as determined by resolution, which
resolution shall be adopted after public hearings are held pursuant
to the Open Public Meetings Act.[1]
[Amended 5-26-2010 by Ord. No. 13-2010]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(3)
The charge for a fare from a point within the Borough
to a point outside of the Borough shall be stated to the passenger
prior to the pickup of said passenger and prior to the start of said
trip, and said rates shall be clearly displayed in the interior of
the taxicab or autocab for the benefit and information of the passenger(s).
B.
Record of fares. The owner of each taxicab or autocab
so licensed shall keep or require to be kept a written record of each
trip made by said taxicab or autocab, showing the number of daily
trips. Such records shall not be destroyed for one year from the date
of the trip, shall be kept within said Borough in readily accessible
form and shall be accessible at all reasonable hours for inspection
by the Borough Administrator of the Borough of Eatontown or its accredited
representative or by local, state, federal or military law enforcement
agencies.
[Amended 5-26-2010 by Ord. No. 13-2010]
A.
Soliciting passengers. No taxicab or autocab while
waiting for employment by passengers shall stand on any public street
or space other than at or upon a taxi stand, nor shall any driver
of the taxicab or autocab seek employment by repeatedly driving his
taxicab or autocab to and from in a short space before any theater,
hall, hotel, pubic resort, railway station or other place of public
gathering or otherwise interfere with the orderly access to or egress
from a place of public gathering. No driver shall solicit passengers
for a taxicab or an autocab. However, a driver who is licensed in
the Borough of Eatontown who delivers a passenger to a place of public
gathering may pick up a passenger who requests the service of the
taxicab or autocab without solicitation for transportation as long
as the driver does not interfere with the orderly access to or egress
from the place of public gathering or cruise or stand for purposes
of waiting for employment by passengers.
[Amended 4-23-2003 by Ord. No. 5-2003]
B.
Lost property. A driver of a taxicab or autocab who
discovers any property lost or left in a taxicab or autocab shall
report, in writing, to the Police Department with brief particulars
and a description of the property within 24 hours after its finding
unless sooner claimed or delivered to the owner.
C.
Soliciting hotel business. Any licensed driver or
operator of a taxicab or autocab in the Borough shall not enter into
any agreement or arrangement with the proprietor of any hotel, motel
or boardinghouse in the Borough or with any person connected with
such hotel, motel or boardinghouse whereby such licensed driver or
operator receives any fee, commission or money consideration in return
for soliciting patronage for any hotel, motel or boardinghouse or
for inducing persons to patronize the same. A licensed driver shall
not receive any fee, commission or money consideration for securing
patronage for any hotel, motel or boardinghouse.
D.
Signs. Every taxicab shall have a permanent, illuminated
taxi sign and be plainly marked as a taxicab. The illuminated taxi
sign shall be in operation when the taxicab is commercially employed.
E.
Hours of service. Every taxicab or autocab owner shall
operate and render service at least 12 hours every day of the week.
F.
Place of business. Every taxicab or autocab owner
shall operate his business from an established place or designated
taxi stand.
G.
[1]Display of license and rates. No taxicab or autocab shall
be driven upon the streets in the Borough unless there is displayed
within the taxicab or autocab in a manner so as to be conveniently
read by any passenger a card containing the maximum rates of fare
charged, the name and license number of the operator of the taxicab
or autocab and the name, address and front straight view photograph
of the driver of the taxicab or autocab.
[1]
Editor's Note: Former Subsection G, Driver's
attire, was repealed 5-22-2002 by Ord. No. 13-2002. Said Ord. No.
13-2002 also redesignated former Subsection H as Subsection G.
H.
Registered employees. All autocab/taxicab drivers who drive for autocab/taxicab companies licensed in the Borough must be properly registered as an employee of the company at which he/she is employed. Each individual autocab/taxicab company licensed to operate in the Borough must report all employees who drive for the company, along with the employee's valid New Jersey driver's license, to the Borough prior to permitting the driver to operate the company's autocabs/taxicabs. An autocab/taxicab company shall be subject to fines and/or penalties as listed in § 296-12 of this chapter if a driver is unlicensed or if a driver is found to be operating the company's autocabs/taxicabs and is not listed as a registered employee of the company.
[Added 11-1-2017 by Ord.
No. 06-2017]
I.
Vehicle cleanliness. All autocabs/taxicabs must be maintained in
a safe, clean and sanitary condition for the transportation of passengers.
[Added 11-1-2017 by Ord.
No. 06-2017]
J.
Loitering. No autocab/taxicab driver or vehicle is permitted to loiter
within any space prohibited by law or ordinance, or stand or park
in a prohibited place soliciting or waiting for new passengers.
[Added 11-1-2017 by Ord.
No. 06-2017]
K.
Improper use of horn. Autocab/taxicab drivers shall not use the horn
of their vehicle to alert prospective customers of their arrival or
of their availability.
[Added 11-1-2017 by Ord.
No. 06-2017]
A.
Holders. All advertising carried by taxicabs or autocabs
shall be placed in standard-type holders presently acceptable and
used throughout the taxicab or autocab industry and affixed in such
a manner so as not to violate any motor vehicle regulations of the
State of New Jersey.
B.
Professional preparation required. All signs shall
be professionally prepared, be neat and attractive in appearance and
whenever possible, feature and promote business and activities within
the Borough.
[Amended 5-22-2002 by Ord. No. 13-2002; 11-1-2017 by Ord. No. 06-2017]
A.
Autocab/taxicab drivers. Any autocab/taxicab driver who violates
any of the provisions of this chapter shall be subject to fines as
follows: the first violation shall have a minimum fine of $250 and
up to six months' suspension of the autocab/taxicab driver's
license; the second violation shall have a minimum fine of $500 and
up to 12 months' suspension the autocab/taxicab driver's
license; the third or more violations shall be subject to a fine not
to exceed $2,000, a suspension of the autocab/taxicab driver's
license for a reasonable term in excess of 12 months, and/or imprisonment
in the county jail for a term not exceeding 90 days as set in the
discretion of the Municipal Court Judge.
B.
Autocab/taxicab owners. Any autocab/taxicab owner and/or autocab/taxicab
company who violates any of the provisions of this chapter shall be
subject to fines as follows: the first violation shall have a minimum
fine of $250; the second violation shall have a minimum fine of $500;
and the third or more violations shall have a fine not to exceed $2,000
and a suspension and/or a revocation of the autocab/taxicab owner's
license for a minimum period of 12 months, and/or imprisonment in
the county jail for a term not exceeding 90 days as set in the discretion
of the Municipal Court Judge.
