As used in this article, the following terms
shall have the meanings indicated in N.J.S.A. 48:16-23, as amended
and supplemented: "autocab," "person" and "street."
The applicable provisions of N.J.S.A. 48:16-23
to 48:16-28, 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 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 Council is hereby authorized
to issue licenses to operators 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 article. 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. An applicant for an operator's
license shall be investigated for any criminal or motor vehicle violations
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 thereafter,
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, in the following amount
shall be paid to the Clerk, who shall deliver same to the Treasurer:
B. For each operator of a licensed vehicle, whether or
not the owner thereof: $10.
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. 48:16-24.
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. 48:16-24.
[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 of the statutory provisions incorporated in §
182-19 hereof or for other good and sufficient cause. During such 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 §
182-27 hereof.