As used in this article, the following terms
shall have the meanings indicated:
Any person who drives a taxicab within this Township.[1]
The business for carrying passengers for hire as defined in § 203-6.
Transporting, in a defined vehicle, one or more persons for
hire along any of the streets in this Township, accepting a passenger
to be transported for hire within this Township or from a point within
the Township to a point outside of the Township limits. The operation
of a defined vehicle by one other than the owner shall be deemed "operation"
by the owner thereof as well as by the person actually driving such
vehicle. 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."
Any person in whose name title to any defined vehicle is
registered with the New Jersey Department of Motor Vehicles or who
appears in such record to be the conditional vendee or lessee thereof.
Any person traveling within a vehicle other than the vehicle
driver.
[Added 12-27-2000 by Ord. No. 54-2000]
Any individual, partnership, association, corporation or
joint-stock company, their lessees, trustees or receiver.
Any street, avenue, park, parkway, highway or other public
roadway.
Any automobile or motorcar, commonly called "taxi," "cab"
or "hack," engaged in the business of carrying passengers for hire,
which is held out, announced or advertised to operate or run or which
is operated or run over any of the streets within the Township and
which accepts passengers for transportation from points or places
to points or places within or without the Township, provided that
nothing herein contained shall include autobuses or buses on designated
routes, public deliveries or jitneys or such public conveyances as
are by law exclusively subject to state and/or federal regulation.
[1]
Editor's Note: The former definition of "driver-in-training,"
added 4-27-1994 by Ord. No. 12-1994, which followed this definition,
was repealed 12-27-2000 by Ord. No. 54-2000.
A.
There are hereby established two classes of taxicab
licenses to be known as "taxicab owner's license" and "taxicab driver's
license."
B.
Taxicab driver's license. A taxicab driver's license
shall entitle the person named therein to operate within this Township
any taxicab duly licensed hereunder until the license either expires
or is surrendered, suspended or revoked, and shall not be transferable.
There shall be no limit to the number of taxicab driver's licenses
issued.
C.
Taxicab owner's license. A taxicab owner's license
shall entitle the taxicab therein described to be operated anywhere
within this Township by a driver duly licensed hereunder until such
license either expires or is surrendered, suspended or revoked, and
shall not be transferable. There shall be no limit to the number of
taxicab owner's licenses issued.
D.
Transfer of license. No taxicab license shall be transferred.
E.
Issuance; renewal; revocation; suspension; powers
of Township Committee. The Township Committee may, in its discretion,
refuse to issue or renew or may, after notice and hearing, revoke
or suspend any license issued under the provisions of this chapter,
if the applicant:
(1)
Has been convicted of any crime, including disorderly
persons offenses, in this state or in any other state or territory.
(2)
Has been convicted of a violation under Title 39,
Motor Vehicles and Traffic Regulations, of the Revised Statutes of
New Jersey.
(3)
Has violated any provision of this chapter.
(4)
Has any judgment unsatisfied of record against him
arising out of an automobile accident.
(5)
Has made false answers in his application for such
license or any renewal thereof.
(6)
Has failed or fails to render reasonably prompt, safe
and adequate taxicab service.
(7)
Has not complied fully with all requirements of this
chapter for such class of license.
(8)
Has in any degree contributed to any injury to any
person or damage to property arising out of the negligent operation
of a motor vehicle.
(9)
As to any taxicab owner's license, if the motor vehicle
licensed or to be licensed, by reason of unsafe or unsanitary condition,
is dangerous to the safety or health of the occupants and others.
(10)
If the policy of insurance required herein has once
lapsed or such coverage is not maintained at all times.
B.
License required. No person shall drive any taxicab
in the Township until the license to drive such taxicab, herein provided
for, is issued to such driver. Any change of residence of the holder
of such license shall be reported to the Licensing Office within five
days thereafter.
[Amended 7-9-1986 by Ord. No. 28-1986]
C.
License qualifications. Each applicant for a taxicab
driver's license, in addition to the requirements of any law of the
State of New Jersey, shall establish, to the satisfaction of the Licensing
Officer, that such applicant:
[Amended 3-13-1985 by Ord. No. 10-1985; 4-27-1994 by Ord. No. 12-1994; 12-27-2000 by Ord. No. 54-2000]
(1)
Is currently licensed by the New Jersey Department of Motor Vehicles
and maintains a valid license by the standards set forth, in that
none of the below criteria is identified while reviewing the driver's
license driving history of the applicant:
[Amended 3-2-2022 by Ord.
No. 6-2022]
(a)
The latest offense was of such a nature that
it revealed an unreasonable disregard by the licensee for the safety
and welfare of himself or others.
(b)
The number and seriousness of the offenses contained
in the prior driving record of the licensee reveal a pattern or patterns
of unreasonable disregard by the licensee for the safety and welfare
of himself or others.
(c)
The nature and extent of the driving record
of the licensee establish a substantial risk that the licensee will
commit another offense.
(2)
Is at least 18 years of age.
(3)
Is a legal resident of the United States.
(4)
Submits 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
such applicant has no infirmity of body or mind, or visual impairment
or deficiency, which might render the applicant unfit for the safe
operation of a taxicab.
(5)
Submits to a traffic violations check for the preceding
five years to be conducted by the Township and that he or she has
sufficient knowledge of the Township's traffic regulations.
(6)
Submits two recent photographs, being not less than
1 1/4 inches in height by one inch in length, of the applicant,
with the application.[1]
[1]
Editor's Note: Former Subsection C(7), regarding
a working knowledge of the English language, which immediately followed
this subsection, was repealed 12-27-2000 by Ord. No. 54-2000.
A.
Application requirements.
(1)
All applications for taxicab owner's license shall
be in writing, in duplicate, and shall contain:
(2)
All applications shall be filed with the Licensing
Officer, who shall receive proof from the applicant that the applicant
is at least 18 years of age and a citizen of the United States. If
a corporation, such corporation must be organized and existing under
the laws of this or another state and, if another state, authorized
to transact business within the State of New Jersey and maintain an
office in the State of New Jersey.
[Amended 12-8-1982 by Ord. No. 70-1982; 7-9-1986 by Ord. No. 28-1986; 12-27-2000 by Ord. No. 54-2000]
B.
Insurance required.
(1)
Each application for a taxicab owner's license shall
be accompanied by a certificate of insurance. The insurance coverage
shall be written by an insurance company duly licensed to transact
business under the insurance laws of the State of New Jersey and shall
be submitted to the Licensing Officer for approval.
[Amended 12-8-1982 by Ord. No. 70-1982; 7-9-1986 by Ord. No. 28-1986; 12-27-2000 by Ord. No. 54-2000]
(2)
Amounts of coverage.
(a)
Such policy shall be conditioned for payment
of a sum of not less than $100,000 to satisfy all claims for damages
by reason of bodily injury to or the death of any person.
(b)
To satisfy all claims for damage by reason of
bodily injury to or the death of all persons resulting from accident
by reason of the ownership, operation, maintenance or use of the vehicle
to be licensed, the following sums are required:
[Amended 12-14-1983 by Ord. No. 43-1983]
(c)
A sum of not less than $50,000 to satisfy all
claims for damage to property of any one or all persons resulting
from such accident by reason of the ownership, operation, maintenance
or use of such vehicle.
(3)
Purpose. Such policy shall provide for the payment
of any final judgment recovered by any person on account of the ownership,
operation, maintenance or use of the vehicle or any fault in respect
thereto and shall be for the benefit of any person suffering loss,
damage or injury as aforesaid.
C.
Transfer fee. Upon the substitution of a vehicle for that described in § 203-4A, the holder of the taxicab owner's license shall submit substituted information on forms specified by the Licensing Office and shall pay a transfer fee of $25 for the administrative processing and reissuance of a license.
[Added 3-13-1985 by Ord. No. 10-1985; amended 7-9-1986 by Ord. No. 28-1986; 9-9-1998 by Ord. No. 31-1998]
D.
Child restraint seats. No taxicab license shall be issued or renewed unless and until proof shall have been given to the Licensing Officer that such taxicab has adequately provided for the safety of children under the age of eight and weighing less than 80 pounds who are passengers in a taxicab operated by the applicant pursuant to N.J.S.A. 39:3-76.2 et seq and the Federal Motor Vehicle Safety Standards. Such proof shall consist of a written policy or posted notice at the base of operation and in all taxicabs, conspicuous to drivers, setting forth that, prior to the operation of the taxicab, children 18 months of age or younger who are passengers in a taxicab shall be placed in a child restraint seat. Children over the age of 18 months, but under the age of five years, must be placed in a car seat, if riding in the front seat of a taxicab; if riding in the rear seat of a taxicab, in a lap and/or lap and shoulder harness seat belt. Every taxicab licensed must keep and maintain a federally approved car seat in the passenger compartment or trunk of the licensed vehicle at all times, for use in accordance with this section and § 203-5G.
[Added 3-11-1992 by Ord. No. 9-1992; amended 12-27-2000 by Ord. No. 54-2000; 5-22-2002 by Ord. No. 28-2002]
E.
Power of attorney. No taxicab license shall be issued
until the applicant therefor shall have delivered to the Licensing
Officer of the Township a power of attorney executed by the applicant
wherein and whereby the applicant shall appoint the Chief Financial
Officer of the Township as his, her or its true and lawful attorney
for the purpose of acknowledging service for any process of a court
of competent jurisdiction to be served against the insured by virtue
of the indemnity granted under the insurance as herein required.
[Added 12-27-2000 by Ord. No. 54-2000]
A.
Marking of taxicabs. Every taxicab so licensed shall
have permanently affixed on the outside of the taxicab, on both sides
thereof, the word "taxi," "cab," "hack" or "taxicab" in letters at
least four inches high, as well as the name under which the owner
is operating such vehicle. Each taxicab must be identifiable by displaying
the Egg Harbor Township Taxicab Seal, issued by the Township, permanently
affixed thereto, on the two front doors and with the license number
displayed on the rear of the trunk in numerals no less than three
inches in height.
[Amended 4-27-1994 by Ord. No. 12-1994]
B.
Identification required. There shall be affixed in
every taxicab, in such manner that the same can be conveniently read
by any person in the taxicab, a card at least three inches in height
by at least five inches in length containing the name of the owner,
the license number of the vehicle and the year of issuance. The card
shall also contain a photograph of the taxicab driver, with the name
of the driver and his license number.
C.
Fares; display and collection.
(1)
The maximum fares allowed to be charged when passengers
are picked up in Egg Harbor Township are as follows:
(a)
No vehicle as provided for in this chapter shall be operated
in Egg Harbor Township unless and until there is prominently displayed
in the interior thereof, and on the exterior of the vehicle, within
full view and access of any passengers, a complete list of fares,
charges, tariff rates, or terms for negotiated fees, charged for transportation
of passengers. Any and all fares and fees, including those fees negotiated
when applicable, are to be known prior to the commencement of the
trip. Moreover, there shall also be prominently displayed in the interior
of the taxicab and within full view and access of any passenger a
copy of the taxicab owner's license.
(b)
When initiating a fare from the Atlantic City International
Airport, a fee of no more than $40 to anywhere in Atlantic City, up
to four people.
(c)
Nothing shall prohibit the charging of a fare, rate or tariff
less than the maximum so displayed and filed.
[1]
Editor's Note: This ordinance also provided
for the renumbering of former Subsection C(1) and (2) as C(2) and
(3), respectively.
(2)
No taxicab shall be operated in the Township unless
and until there is prominently displayed in the interior thereof,
within full view and access of any passengers therein, and on the
exterior of the vehicle, 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 passengers so transported. A schedule of such fares, rates and
tariffs shall be first filed with the Licensing Officer.
[Amended 12-8-1982 by Ord. No. 70-1982; 7-9-1986 by Ord. No. 28-1986]
(3)
Every driver of such taxicab shall have the right
to demand payment of legal fare in advance and may refuse employment
unless so prepaid, but no driver of such vehicle shall otherwise refuse
or neglect to convey any orderly person or persons upon request anywhere
in the Township unless previously engaged or unable to do so. No driver
of any such taxicab shall carry any other person than the first passenger
employing him, without the consent of such passenger.
D.
Maintenance of manifest. Every holder of a license
shall require the driver of the taxicab to keep a daily record, identified
by the cab number of the taxicab used and the license number of the
taxicab driver, which record shall include the time and place a passenger
was accepted, the time and place of discharge and the fare received
for the trip. These records shall be kept for at least 120 days and
shall be open at all times for inspection by any duly authorized law
enforcement officer.
E.
Maintenance of taxicabs. The owner and operator of
each taxicab operating in the Township shall keep the taxicab in good
running order so that it makes a presentable appearance and affords
comfortable, safe rides to passengers and remains free from mechanical
defects or other defects which would affect the safety of the passengers.
The owner of each taxicab shall have each taxicab presented to the
Chief of Police or other designated police officer prior to issuance
or renewal of the taxicab owner's license and thereafter upon the
request of the Chief of Police or other public officer so that it
may be inspected to determine whether it complies with the provisions
of this chapter.
F.
Taxicab passengers.
(1)
No taxi shall at any time carry more passengers than
there are seats provided for such passengers. The vehicle passenger
seat capacity shall be designated on the taxi owner's license,
and the proper insurance coverage shall be provided for such vehicle.
[Amended 12-14-1983 by Ord. No. 43-1983; 4-27-1994 by Ord. No. 12-1994; 3-2-2022 by Ord. No. 6-2022]
(2)
Drivers of taxicabs shall not receive or discharge
passengers in the roadways but shall pull up to the right-hand sidewalk
as nearly as possible or, in the absence of a sidewalk, to the extreme
right-hand side of the road and there receive or discharge passengers.
Upon one-way streets, passengers may be discharged on either the right-
or left-hand sidewalk or side of the roadway in the absence of a sidewalk.
(3)
No owner or driver of any taxicab shall induce any
person to employ him by knowingly misinforming or misleading any such
person as to time and place of the arrival or departure of any airplane,
or other regularly scheduled mode of transportation, or as to the
location of any hotel, public place or private residence within this
Township, nor shall any such owner or driver deceive any person or
make false representation to him or convey any passenger to any other
place or over any street other than that to which the passenger may
have instructed the driver to go.
(4)
A taxicab in service shall be occupied by the driver
and his or her paid passengers only, with the lone exception of a
licensed taxicab driver-in-training.
[Added 4-27-1994 by Ord. No. 12-1994]
G.
Child restraint seats.
[Added 3-11-1992 by Ord. No. 9-1992; amended 12-27-2000 by Ord. No. 54-2000]
(1)
No driver shall operate a cab in which a child five
years of age or younger is a passenger unless:
(a)
A child 18 months of age or younger is in a
properly fitted, adjusted and approved certified infant carrier or
child car seat.
(b)
A child over 18 months of age but less than
5 years is in a properly fitted, adjusted and approved certified infant
carrier or child car seat.
(c)
A child over five years of age is in a lap belt
or a lap belt/shoulder harness as a rear seat passenger.
(2)
The operator of the taxi shall be required to be in
a compliance with all applicable federal and state safety standards
and warnings associated with the infant carrier or child car seat.
At no time shall the restraint device, if placed in the front seat
of the car, be in the air bag deployment area.
