As used in this article, the following terms shall have the meanings indicated:
DRIVER
Any person who drives a taxicab within this Township.[1]
LIMOUSINE OR LIVERY SERVICE
The business for carrying passengers for hire as defined in § 203-6.
OPERATION
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."
OWNER
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.
PASSENGER
Any person traveling within a vehicle other than the vehicle driver.
[Added 12-27-2000 by Ord. No. 54-2000]
PERSON
Any individual, partnership, association, corporation or joint-stock company, their lessees, trustees or receiver.
STREET
Any street, avenue, park, parkway, highway or other public roadway.
TAXICAB
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 No. 12-1994, which followed this definition, was repealed 12-27-2000 by Ord.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.
A. 
Application for license. All applications shall be filed with the Licensing Officer, who shall initiate the investigation required by Chapter 142, Licensing, § 142-3.
[Amended 7-9-1986 by Ord. No. 28-1986; 10-12-1988 by Ord. No. 37-1988; 12-27-2000 by Ord. No. 54-2000]
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:
(a) 
The full name and address of the owner.
(b) 
The serial number, plates, color, year and make of the taxicab.
[Amended 12-8-1982 by Ord. No. 70-1982]
(c) 
The state registration number.
(d) 
Number of doors of such vehicle.
(e) 
The number of persons the vehicle can carry as passengers.
(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]
[1] 
Six-passenger vehicle: $100,000.
[Amended 4-27-1994 by Ord. No. 12-1994]
[2] 
Seven-passenger vehicle: $350,000.
[3] 
Eight-passenger vehicle: $400,000.
[4] 
Nine-passenger vehicle: $450,000.
(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:
[Added 4-27-1994 by Ord. No. 12-1994;[1] amended 3-2-2022 by Ord. No. 6-2022]
(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.
(d) 
Child restraint seats shall be required pursuant to § 203-4D.
(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.