[HISTORY: Adopted by the Mayor and Council
of the Borough of Spring Lake 8-9-1993 by Ord. No. 15-1993 (§ 4-2 of the
Revised General Ordinances). Amendments noted where applicable.]
No person shall operate any taxicab within this
Borough unless both the taxicab and the driver thereof are licensed
pursuant to this chapter nor until such application for an owner's
license has complied with all the provisions of N.J.S.A. 48:16-1 et
seq. and any general provisions of Title 39 of the Motor Vehicle Law
of the State of New Jersey.
There are hereby established two classes of
taxicab licenses to be known as "taxicab driver's license" and "taxicab
owner's license," respectively.
A taxicab driver's license shall entitle the
person named therein to operate within this Borough any taxicab duly
licensed hereunder until the license either expires or is surrendered,
suspended or revoked and shall not be transferable.
A taxicab owner's license shall entitle the
taxicab 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.
Any licenses issued pursuant to the terms of
this chapter shall expire at 12:00 midnight of the year following
the year in which it was issued unless sooner surrendered, suspended
or revoked.
The number of licenses known as taxicab owner's
license shall not exceed two. The licenses' owners shall provide off-street
parking for the taxicabs licensed to them.
All applications for the issuance or renewal
of any license of either class shall be made to the Borough Council
on forms adopted by the Council and obtained from the Borough Clerk
and designed to elicit information respecting the identification,
responsibility and law-abiding habits of the applicant.
Each application 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 completed application with the Borough Clerk,
together with the full amount for the proper fee hereinafter affixed
therefor as set forth below.
A.
All applications for taxicab owner's licenses shall
be in writing, in duplicate, and shall contain the full name and address
of the owner; the serial number, type, color, year and make of each
taxicab; the state registration number; the number of doors on the
vehicle; and the number of persons the vehicle can carry as passengers.
All applications shall be filed with the Borough Clerk, who shall
be satisfied that the applicant is at least 18 years of age. If the
applicant is a corporation, such corporation must be organized and
existing under the laws of the State of New Jersey and must present
proof thereof, or, if organized and existing under the laws of another
state, be officially authorized to do business in the State of New
Jersey and must supply the name and address of the New Jersey registered
agent for the corporation. Further a copy of the documents establishing
the business address, business telephone number, and names of officers,
directors, managers and stockholders owning more than 10% of the corporation.
B.
The applicant must be the person who will own, control
or operate the proposed taxicab service.
C.
The taxicab owner's license issued hereunder shall
briefly describe the taxicab licensed and shall contain the motor
vehicle registration number as well as the serial and motor numbers
of such taxicab.
D.
It is the obligation of the owner of the taxi license to comply with the provisions of this chapter. It is further the obligation of the owner to make certain that any person under his employ or who obtains a taxi driver's license as set forth in §§ 342-13, 342-14, 342-15, 342-16, 342-17, 342-18 and 342-19 of this chapter shall comply therewith. Any violation or failure to obtain the necessary documentation by a driver for a driver's taxi license shall not only be deemed to be a violation by the driver but also by the owner.
The fee for a taxi owner's license shall be
$50 per year or portion thereof for each vehicle licensed under this
chapter.
The taxi owner's license shall at all times
be openly and conspicuously exhibited in any motor vehicle licensed
under the provisions of this chapter.
No taxi owner's license shall be transferable.
No person shall drive or operate any taxicab
used for the transportation of passengers for hire within the Borough
until he shall have obtained a taxi driver's license as provided by
this chapter.
B.
No taxi driver's license shall be issued to any person
who:
(1)
Is subject to epilepsy, vertigo, heart trouble or
any other infirmity.
(2)
Is addicted to the use of intoxicating liquors, habit-forming
narcotics or other drugs.
(3)
Habitually violates the motor vehicle laws or traffic
laws of the State of New Jersey or any of the ordinances of the Borough
relating to the use of streets or public places.
(4)
Violates any of the provisions of this chapter.
(5)
Is convicted of any crime of the fourth degree or
higher.
Each application for a taxi driver's license
shall:
A.
Be addressed to the Borough Council and filed with
the Clerk.
C.
Be accompanied by:
(1)
Certificate of good moral character attested by two
residents of the Borough.
(2)
Four recent photographs of the applicant of such size
as shall be required by the Police Department (commonly known as "passport
size"). One of such photographs shall be attached to the driver's
license; one shall be filed with the application for such driver's
license in the office of the Clerk, and two shall be filed at police
headquarters.
(3)
Doctor's certificate certifying that the applicant
driver has good eyesight and hearing and is not subject to epilepsy,
vertigo, heart trouble or any physical infirmity which, in the opinion
of the doctor, would make him unfit to drive or operate an automobile.
No taxi driver's license shall be issued until:
The fee for a taxi driver's license shall be
$35 per year.
No taxi driver's license shall be transferable.
A.
The taxi driver's license provided for in this chapter
shall be a card in such form as to contain the photograph and signature
of the licensee. Such photograph shall be one of the photographs filed
with the application, shall be a front view of the head and shoulders
of the licensee taken within 90 days of the date of application and
shall be so attached to the license that it cannot be removed and
another photograph substituted without detection.
B.
Each applicant granted a taxicab driver's license
shall be issued a photo license card in evidence thereof in a form
approved by the Borough Council and signed by the Borough Clerk in
its behalf. Such license card shall at all times be prominently displayed
and adequately protected in the interior of any taxicab operated by
the licensee so that the face thereof shall be at all times in full
view of and plainly legible to any passenger seated in the rear seat
of such taxicab, the license card shall at all times remain the property
of the Borough and on direction of the Borough Council shall at once
be surrendered to the Borough Clerk.
Each taxicab business shall be limited to one
regularly registered business office within the Borough and shall
therein have a telephone operating.
A.
No vehicle shall be operated wholly or partly along
any street in any municipality until the owner of the vehicle shall
have filed with the Clerk of the municipality in which such operation
is maintained, an insurance policy of a company duly licensed to transact
business under the insurance laws of the state in the sum of $100,000
against loss by reason of the liability imposed by law upon the vehicle
owner for damages on account of bodily injury or death suffered by
any person with a maximum limit of $500,000 for more than one person
in any one accident, and in the sum of $25,000 against loss by reason
of such liability for damages on account of the injury to or destruction
of the property of any person, with a maximum of $100,000 for more
than one person in any one accident, as the result of an accident
occurring by reason of the ownership, maintenance or use of the vehicle
upon any public street. Further, there shall be full compliance with
any requirements of N.J.S.A. 48:16-1, and the New Jersey Compulsory
Act as set forth in N.J.S.A. 39:6A-1 et seq., Jersey Automobile Reparation
Reform Act and N.J.S.A. 39:6B-1 et seq., New Jersey Compulsory Motor
Vehicle Insurance Act N.J.S.A. 39:6B-1 et seq.).
B.
The insurance policy shall provide for the payment
of any final judgment recovered by any person on account of the ownership,
maintenance and use of such vehicle or any fault in respect thereto,
and shall be for the benefit of every person suffering loss, damage
or injury as aforesaid.
The Borough Council may, in its discretion,
refuse to issue or renew or may, after notice and hearing revoke and/or
suspend:
A.
Any license of either class if the applicant or licensee
has been once convicted of a crime in this or any other jurisdiction,
or of a violation of Title 39, Motor Vehicles and Traffic Regulation,
of the Revised Statutes of New Jersey, or who violates any provisions
of this chapter, or has any judgment unsatisfied of record against
him arising out of an automobile accident or who is an alien citizen
of any nation between whom there exists a war with the United States
or who has made false answers in his application, for such license
or any renewal thereof, or who has failed or fails to render reasonable
prompt, safe and adequate taxicab service, or who has not complied
fully with all requirements of this chapter for such class of license.
B.
Any taxicab driver's license if the licensee or applicant
has in any degree contributed to any injury to person or damage to
property arising out of negligent operation of a motor vehicle or
has any communicable or contagious disease.
C.
Any taxicab owner's license if the motor vehicle licensed
or to be licensed, by reason of unsafe or unsanitary conditions, is
dangerous to the safety or health of the occupants or others, or if
the policy of insurance of bond or power of attorney required by N.J.S.A.
48:16-3, 48:16-4 and 48:16-5 aforementioned has not been furnished
or kept in force or if the owners shall fail to comply with any terms
or conditions imposed by the Borough Council or any law of this state.
No taxicab driver's license card other than
that of the licensee actually operating the taxicab at the time shall
be displayed therein.
The Borough Clerk shall at the time the Borough
Council acts on any application pay the fees received therefor over
to the Borough Treasurer.
The fare that may be charged by the driver or
owner of a taxicab for a trip wholly within the limits of the Borough
shall not exceed the rates approved by the Borough Council by ordinance.
A schedule of the approved rates shall be displayed in the taxicab
in a manner so as to be easily read by all passengers. The rates to
be charged shall not exceed the following:
A.
For two passengers or less in the area of the Borough
from place to place, the taxi fare shall be $3.50.
B.
Each additional passenger in excess of two shall be
charged $0.50.
C.
It shall be the obligation of the taxi driver or owner
for fares starting in the Borough and proceeding to destinations outside
of the Borough to advise the person in advance as to what the given
rate shall be. The intent and purpose of this provision is to allow
the caller to determine whether the Spring Lake taxicab fare is competitive
with a surrounding community. It may very well be that the caller
may choose to use a taxicab company located outside the Borough when
the fares are so determined.
A.
Stopping restriction. No person shall park or place
any taxicab on any of the streets of this Borough at any time except
at such place or places as the Borough Council may designate as municipal
taxi stands unless operator is stopped while in service or stopped
for the purpose of obtaining food for himself.
B.
Prohibited solicitation of passengers. No person shall
cruise the streets of the Borough with any taxicab at any time for
the purpose of soliciting passengers.
C.
Parking at taxicab office terminal or designated location
restricted. No taxicab or other vehicle for hire shall be parked or
stopped within 100 feet of a regularly operated taxicab office, terminal
or location licensed by the Borough of Spring lake except the owner
or lessee of the taxicab's office or terminus and his licensed drivers.
D.
Refusal to carry certain passengers. Every person
so licensed as aforesaid shall not refuse to carry local fares or
passengers unless the fare is unruly or intoxicated.
Owners and drivers of taxicabs licensed out
of the jurisdiction of this Borough, or who have their principal office
or place of business out of the jurisdiction of the Borough, may be
allowed to enter their taxicab in this Borough, but on specific call
only, whether transporting a passenger within this Borough or from
a point within this Borough to a point outside the Borough 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
taxicabs shall not be parked in the 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 this Borough, permit any advertising
lights on the taxicab to remain lighted; provided, however, that the
same or similar substantial reciprocal rights are granted to owners
and drivers of taxicabs licensed in this Borough the municipalities
in which the aforesaid owners or drivers are licensed.
Owners, operators, or drivers of vehicles for
hire, shall not display the words taxicabs" or other sign thereon
which would tend to lead the public to believe the vehicle is a taxicab
as herein defined.
The name, trade name or corporate name of the
owner and operator of all taxicabs licensed within the Borough shall
be prominently displayed on the exterior of all taxicabs so licensed
at all times. Additionally, every licensed taxicab shall have the
taxicab number which shall be illuminated during darkness and shall
be contained in a dome light, or other similar device. The size, color,
wording and location on the taxicab and other particulars of the dome
light shall be uniformly designated by the Chief of Police.
A decal shall be provided by the Borough for
taxicabs licensed to do business in the Borough and the decal shall
be prominently displayed on the panel between the left rear door window
and rear window of each licensed taxicab.
No taxicab driver or other person shall solicit,
attempt to solicit or otherwise seek to engage a passenger on any
public street and/or sidewalk in the Borough.
No vehicle covered by the terms of this chapter
shall be licensed until proof has been presented that the vehicle
has been inspected and approved as required under Title 39 of the
Statutes of the State of New Jersey.
The owner of each taxicab shall keep or cause
to be kept a written daily record of each trip made by the taxicab
showing the date, time and place the cab was engaged, the place and
time of the discharge of the passenger, the number of passengers carried,
the fare received, distance traveled and the driver's license number
of the person driving the cab on the trip. The records shall be kept
in a place that is convenient for a proper authorized representative
of the Borough to inspect the same and the owner shall give his cooperation
in expediting any inspection.
Nothing in this chapter shall apply to any vehicle
for hire:
