As used in this article, the following terms
shall have the meanings indicated in N.J.S.A. 48:16-1, as amended
and supplemented: "autocab," "person" and "street."
The applicable provisions of N.J.S.A. 48:16-1
to 48:16-12, both inclusive, as amended and supplemented, shall be
complied with in the licensing and regulating of autocabs in this
article.
[Amended 9-13-2010 by Ord. No. 2010-20]
A. Owner's licenses. The Borough Council is hereby authorized
to issue licenses to owners of autocabs who are of good moral character
and who otherwise qualify according to the provisions of this article.
B. Operator's licenses. The Borough Council is hereby
authorized to issue licenses to the operator of autocabs, whether
or not they are owners, who are capable and of good moral character
and who otherwise qualify according to the provisions of this chapter.
Such license shall hereinafter be referred to as an "operator's license."
[Amended 9-13-2010 by Ord. No. 2010-20]
A. Neither an owner's nor an operator's license shall
be granted to any person unless the application for such license has
been submitted to the Borough Council. An applicant for an owner's
license shall be thoroughly investigated by the Chief of Police and
shall be fingerprinted and photographed. A complete report of said
investigation shall be submitted to the Borough Council for its action
thereon.
(1) If, as a result of such investigation by the Chief
of Police, the applicant's character or, in the case of an applicant
for an operator's license, the applicant's driving record is found
to be unsatisfactory, the Chief of Police shall endorse on any such
application his disapproval and reasons therefor.
(2) If, as a result of such investigation, the applicant
is found to be satisfactory, the Chief of Police shall endorse his
approval.
B. In the event of denial, the Borough Council shall
instruct the Borough Clerk to notify the applicant, by certified mail,
setting forth the reasons for denial. Within five days, the applicant
may file with the Borough Council a written request for a hearing
on said application, together with written exceptions to the findings
of fact upon which the Chief of Police based his investigative report.
Upon the filing of such a request, the Borough Council shall fix the
time and place for a hearing and shall notify the applicant thereof,
which hearing shall be held within 10 days after the request is filed.
Within 10 days after the conclusion of the hearing, the Borough Council
shall make its final decision whether to issue the license or sustain
the denial of said application.
License fees, to cover the administrative costs
associated with processing the application, are nonrefundable. The
annual license fee is $150 (plus annual costs for NJSBI, check made
payable to NJSBI), which shall be paid to the Clerk, who shall deliver
same to the Treasurer.
No license shall be issued by the Borough Clerk
unless the applicant has filed an insurance policy with the Clerk
in accordance with the requirements of N.J.S.A. 48:16-3.
The owner of the autocab shall execute and deliver
to the Borough Clerk a power of attorney wherein and whereby the owner
shall appoint the Chief Financial Officer of the municipality as a
true and lawful attorney for the purpose of acknowledging service
of 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 pursuant to N.J.S.A. 48:16-3 and 48:16-4.
No owner or operator of any autocab, while waiting
for employment at any place other than the garage or residence of
the owner thereof, shall refuse conveyance to any person without just
cause.
Each passenger shall be entitled to have carried
and conveyed upon any licensed autocab, without charge, his ordinary
traveling baggage, not exceeding, in any case, 25 pounds of baggage.
[Amended 9-13-2010 by Ord. No. 2010-20]
Every owner's or operator's license granted hereunder may be suspended or revoked by the Borough Council, after notice and hearing, for the violation of any provision of this article or the statutory provisions incorporated in §
182-2 hereof or for other good and sufficient cause. During said suspension and after revocation, the license shall be inoperative and shall be of no effect, and the license shall be surrendered to the borough forthwith, along with the badge supplied by the borough pursuant to §
182-10 hereof.