[HISTORY: Adopted by the Township Committee
of the Township of Freehold 1-28-2004 by Ord. No. O-04-1. Amendments noted where
applicable.]
GENERAL REFERENCES
Traffic — See Ch. 11.
[Amended 12-27-2005 by Ord. No. O-05-48]
As used in this chapter, the following terms
shall have the meanings indicated:
All stops with the exception of the final destination of
which the taxicab driver proceeds at the direction of the passenger.
A person seeking a license to own or drive a taxi in the
Township of Freehold.
The meaning set forth in N.J.S.A. 48:16-1, as amended and
supplemented.
A place of business from which for-hire vehicles are dispatched.
Any individual, partnership or corporation or other entity
licensed by the Township of Freehold to own and operate a base.
[Added 3-23-2010 by Ord. No. O-10-4]
The practice of driving along the streets of the Township
with a taxicab so as to solicit passengers or to bring the presence
of the taxicabs to the attention of prospective passengers. A taxicab
driving along the streets of the Township for any purpose other than
while transporting a passenger, going to a definite destination by
the most direct route in response to a call for a taxicab by a prospective
passenger, or returning by the most direct route to the taxicab's
base or home terminus after discharging a passenger or going to or
from the base to the driver's home by the most direct route shall
be prima facie evidence of cruising.
Any situation where the taxicab driver delivers any item
to the customers.
An instruction to a driver by a base to provide transportation
to a passenger who has previously arranged for such transportation
with the base.
Any person who drives a taxi or autocab within the Township.
The address designated for the mailing of all notices and
correspondence from the Township and for the issuances of summonses.
[Added 3-23-2010 by Ord. No. O-10-4]
The official number and medallion/decal issued by the Township
of Freehold to each taxicab.
[Amended 3-23-2010 by Ord. No. O-10-4]
Taxi owner, person operating the taxi business or leaseholder.
The operator must obtain a license to operate.
Any persons in whose name title to any taxicab or autocab
is registered within the New Jersey Department of Motor Vehicles or
who appears in such records to be the conditional vendee or licensee
thereof.
A person who has engaged a for-hire vehicle for the purposes
of being transported to a destination or a person who is awaiting
the arrival of a dispatched for-hire vehicle.
A person seeking to renew a taxi driver's license within
the time period established by the Township.[1]
Any automobile or motor vehicle engaged in the business of
carrying passengers for hire within the Township.
[1]
Editor's Note: The former definition of "risk retention group,"
added 3-23-2010 by Ord. No. O-10-4, which immediately followed this
definition, was repealed 7-27-2010 by Ord. No. O-10-12.
[Amended 3-25-2004 by Ord. No. O-04-7; 3-23-2010 by Ord. No.
O-10-4]
No person shall operate a taxicab within the
Township unless both the owner and the driver of the taxicab are licensed
under this chapter.
A.
Owner's license. No person, corporation or entity
shall hire out, keep or use for hire or pay or cause to be kept for
use for hire or pay any vehicle commonly known as a "taxicab," within
the Township without first having obtained a license for that purpose.
A taxicab owner's license shall entitle the taxicab therein described
to be operated in the Township, provided that the person driving the
cab holds a valid taxicab/autocab driver's license. The owner's license
shall not be transferable. No more than 10 owner's licenses shall
be issued in any year.
[Amended 10-23-2007 by Ord. No. O-07-28]
B.
Driver's license. No person shall drive a taxicab/autocab
in the Township of Freehold without first having obtained a license
therefor. The holder of a taxicab/autocab driver's license shall be
entitled to operate within the Township any taxicab/autocab whose
owner has been licensed under this chapter.
A.
Applications.
(1)
All applications for a taxicab/autocab owner's license
shall be in writing upon a form to be furnished by the Township Clerk.
The application shall contain but not be limited to full name and
address of the owner, the serial number, type, color, year and model
of the vehicle to be licensed and the number of persons it is capable
of carrying and shall be accompanied by the required fee. Each applicant
for a license shall secure through a private agency a criminal history
background check, conducted not more than 14 days prior to the filing
of the application. Such criminal history background check must be
submitted (as part of the application) directly from the private agency
to the Chief of Police. The criminal history background check shall
be in sufficient detail and scope to reveal any criminal history recorded
with the State Bureau of Identification or with the Federal Bureau
of Investigation.[1]
[Amended 7-10-2007 by Ord. No. O-07-20]
(2)
With the application there shall be furnished two
recent photographs of the applicant of a size measuring two inches
by two inches.
B.
No person shall be issued a license unless the vehicle
can accommodate a minimum of four passengers and the owner provides
the insurance certificate as set forth herein.
C.
The names and addresses of two responsible persons
in the County of Monmouth as references shall be provided.
D.
All applications shall be filed with the Clerk who
shall forward a copy of the application to the Police Chief for review
and recommendation. The Police Chief or his designee shall submit
a report or review of the application to the Township Committee within
14 days of the receipt of the criminal history report. A copy of the
application together with the report and recommendation of the Police
Department and proof of insurance shall be submitted to the Township
Committee at the next succeeding meeting for action, and any and all
applications may be granted or refused by the majority vote of the
members of the body present at such meeting.
E.
The following factors will be considered by the Township
Committee in determining whether to grant or deny the license:
(1)
The character, business and financial responsibility
and experience of the applicant and the probability that, if granted
a license, the applicant will operate the taxicab/autocab in accordance
with the provisions of this chapter;
(2)
Any factors contained in the review or report from
the Police Department, including, but not limited to, convictions
of any of the New Jersey Criminal Code, motor vehicle violations and
Township Ordinance violations;
[Amended 3-23-2010 by Ord. No. O-10-4]
(3)
The licensee is over 21 years of age, can read, write
and speak the English language and provides an employer identification
number.
(4)
Any other factors directly related to the granting
or denial of the license which would substantially affect the public
safety or convenience.
F.
Number of license limited. No license to operate a
taxicab/autocab shall be granted unless the number of such licenses
issued and outstanding is less than 10 except as hereinafter set forth.
[Amended 10-23-2007 by Ord. No. O-07-28]
G.
Issuance of license. The Township Committee shall,
by resolution, grant or deny the license. If the application is approved,
the Township Clerk shall issue the license upon forms established
by the Township Committee by resolution.
H.
License terms; fees. A taxicab/autocab owner's license shall expire on December 31 of each year. The license fee as provided in Chapter 150, Fees, shall be payable upon the filing of an application for the issuance or renewal of a license, a portion of which, as set forth in Chapter 150, Fees, shall be nonrefundable for the processing of the application. In addition to the application fees set forth in this chapter, every applicant shall also pay to the Township Police Department a sum in the amount charged by any county, state and/or federal agency for a fingerprint inquiry concerning the applicant.
[Amended 12-27-2005 by Ord. No. O-05-48]
I.
Owner's license.
(1)
The owner's license may be renewed by the Township
Committee upon the licensee's filing with the Township Clerk a new
application and fee annually and provided that the owner has not been
convicted of three or more ordinance or motor vehicle violations in
the preceding 36 months and further provided that the criminal history
report is satisfactory.
[Amended 3-23-2010 by Ord. No. O-10-4]
(2)
The owner's license shall at all times be prominently
displayed and adequately protected in the interior of the taxicab
and be plainly legible to any passenger in the rear seat.
A.
Application.
(1)
Every applicant for a taxicab/autocab driver's license
shall, in addition to the requirements herein provided and of any
law in the state:
(a)
Be 21 years of age or older.
(b)
Present the required doctor's physical report
to the Township Clerk, evidencing that he or she has been examined
within the last thirty-day period and that he or she is of sound physical
condition, with good eyesight and not subject to epilepsy, vertigo,
heart trouble or any other infirmity of the body or mind which may
make him or her unfit for the safe operation of a vehicle.
(c)
Never have been convicted of a felony or any
drug offense and shall not have violated any provision of this chapter.
(d)
Be able to read, write and speak the English
language.
(e)
Be of good character.
(f)
Not have been convicted of driving while intoxicated
or reckless driving within three years next preceding the filing of
such application and not have more than six points on his or her driver's
license within the three years next preceding the filing of such application.
[Amended 3-23-2010 by Ord. No. O-10-4]
(g)
Have knowledge of the state motor vehicle laws
and traffic regulations.
(h)
Have and evidence knowledge of the ordinances
and geography of the Township of Freehold. The Township may establish
a written test to determine the applicant’s knowledge of the
streets and points of interest in the Township. If so established,
each applicant must take and pass such test by completing at least
75% of the questions correctly.
[Amended 3-23-2010 by Ord. No. O-10-4]
(i)
Furnish with the application two recent photographs
of the applicant of a size measuring two inches by two inches.
(j)
Provide the names and addresses of two responsible
persons in the County of Monmouth as references.
(k)
Provide to the Chief of Police a motor vehicle
driving abstract and a criminal history report with each application
for a driver's license and/or renewal to be provided at the applicant's
own cost and expense. Instructions for obtaining the motor vehicle
driving abstract and criminal history report may be obtained through
the Police Department. The applicant shall be responsible for any
fees related to the driving abstract and criminal history report.
(l)
Pay a fee as provided in Subsection C below, a portion of which, for processing of the application, shall be nonrefundable in the event the license is not granted.
(m)
Provide to the Township Clerk the following
documentation with the application:
[1]
Social security card or permanent alien registration
card.
[2]
Birth certificate.
[3]
Valid New Jersey driver's license.
[4]
A certified New Jersey driver’s abstract, dated no longer than
one month prior to the application.
[Added 3-23-2010 by Ord. No. O-10-4]
[5]
Within 60 days of the issuance of a temporary taxi driver’s
license, provide to the Township Clerk proof of having satisfactorily
completed a state-certified defensive or safe driving program. Failure
to do so will result in an automatic revocation of the temporary or
permanent taxi driver license, and, in the event the permanent license
has not yet been issued, no such permanent taxi driver license shall
issue. Any applicant who fails to provide the requisite proof of having
satisfactorily completed a state-certified defensive or safe driving
program shall be banned from re-applying for a taxi driver license
for a period of two years. Satisfactory completion of a state-certified
defensive or safe driving program shall be effective for a period
of two years. Any applicant who is the holder of a CDL duly issued
by the State of New Jersey shall be exempt from this requirement as
long as the CDL is current.
[Added 3-23-2010 by Ord. No. O-10-4]
(n)
Provide to the Clerk a sworn statement setting
forth place of residence for the preceding five years, age, height,
color of eyes and hair, place of birth, previous employer and marital
status.
(2)
All applications for a taxicab driver's license shall
be filed with the Township Clerk who shall submit the application
to the Police Department for review and to the Township Committee,
after receipt of the report from the Police Department and the results
of the criminal history report, and payment of all fees. The Township
Committee shall act upon such application at the next succeeding meeting,
and any and all applications may be granted or refused by the vote
of the majority of the members of the body present at the meeting.
B.
Issuance of license; content.
(1)
Upon approval of the application by the Township Committee,
the Clerk shall immediately issue the applicant a taxicab/autocab
driver's license. The license shall contain the licensee's name and
address, physical description, signature and photograph.
(2)
Pending the receipt of the criminal history report
and, upon the recommendation of the Police Chief or the Chief's designee,
the Township Committee may, in its sole discretion, issue a temporary
driver's license which shall expire in 60 days in the event the final
license is not approved before that date. The temporary license may
be immediately revoked by the Clerk, with no notice, upon the recommendation
of the Police Chief or failure of the applicant to provide any of
the requirements set forth herein. In the event the final police report/recommendation
is not received within 60 days, the Township Committee may, at its
sole discretion, elect to extend the temporary driver’s license
for an additional thirty-day period.
[Amended 3-23-2010 by Ord. No. O-10-4]
C.
Term of license. Fees. The fee for a taxicab/autocab driver's license shall be as provided in Chapter 150, Fees, a portion of which shall be nonrefundable in the event the license is not granted. The taxicab driver's license shall expire on December 31 of each year. The license may be renewed annually upon payment of all fees and provided that the driver meets all of the requirements set forth above.
Each applicant granted a taxicab/autocab driver's
license shall be issued a printed license in a form approved by the
Clerk. This license shall, at all times, be prominently displayed
and adequately protected in the interior of any taxicab/autocab operated
by the licensee so that the face thereof shall be at all times in
full view and plainly legible to any passenger seated in the rear
seat of such taxicab/autocab and there be affixed to such license,
in full view of such passenger, a photograph of such licensed driver
measuring not less than two inches by two inches. Each photograph
shall have indicated thereon the words "licensed taxicab/autocab driver"
or "licensed taxicab/autocab owner," as the case may be.
A.
Initial inspection. Before any vehicle is used as
a taxicab/autocab within the Township it shall be inspected by the
Chief of Police, or a police officer designated by him or her, or
by the Superintendent of Public Works, or an employee designated by
him or her, to ascertain that it is in a safe, clean, and sanitary
condition, and contains all safety devices required by law.
B.
Reinspections. All taxicabs/autocabs shall be reinspected
annually or more frequently if the Township Committee so requires
by resolution. In addition, a police officer may inspect a taxicab/autocab
at any reasonable time to determine if it is clean, sanitary and in
a safe and proper operating condition.
C.
Failure to pass inspection. Any taxicab/autocab which
fails to pass inspection shall be immediately taken out of service
and shall not be operated again within the Township until the defects
which led to its rejection are corrected. In the case of minor defects
which do not constitute an immediate danger to the health or safety
of the public, the taxicab/autocab may continue to operate for a period
of one week, at the end of which time it shall be reinspected. If
the defect has not by then been corrected, the vehicle shall immediately
be taken out of service and shall remain out of service until the
defect is corrected.
D.
Proof of state inspection. No vehicle covered by the
terms of this section 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.
Each taxicab/autocab operated in the Township
shall have a sign painted on each rear door. The sign shall contain
the owner's name and the words "taxicab" or "taxi" in letters which
shall not be less than four inches nor more than eight inches in height.
A.
Upon the issuance of a taxicab\autocab owner's license, the Township Clerk shall provide to the owner two decals or medallions to be attached to the front driver and passenger door of the taxicab and which will identify the taxicab/autocab as having been licensed by the Township. There shall be a charge as set forth in Chapter 150, Fees, for each set of medallions or decals issued and a fee for each replaced set of medallions or decals. Decals or medallions shall be placed on those taxicab/autocabs set forth in the owner's application and may not be transferred from vehicle to vehicle without prior permission of the Chief of Police. No new decal shall be issued without proof presented to the Clerk of removal or destruction of both decals from the original vehicle and proof that the original vehicle is no longer included in the insurance policy of the taxi owner. Proof of insurance for any replacement vehicle must be presented to the Township Clerk before the issuance of decals for the replacement vehicle.
[Amended 3-23-2010 by Ord. No. O-10-4]
B.
Each taxicab/autocab
operated in the Township shall have a number on the front and rear
bumper measuring no less than three inches in height. Each vehicle
owned and operated by a licensed owner shall bear a different number,
which number shall be set forth in the application indicating the
specific number for each specific taxicab/autocab.
[Added 3-23-2010 by Ord. No. O-10-4[1]]
C.
Operation of a taxicab/autocab without the required
decal or medallion shall be a violation of this chapter.
D.
Each driver of a taxicab who has been issued a license
shall prominently display a copy of the license in the interior of
the taxicab/autocab while the driver is operating same. The copy of
the license shall at all times be prominently displayed and adequately
posted in the interior of any taxicab or autocab operated by the licensee
so that the face thereof shall be at all times in full view and plainly
legible to any passenger seated on the rear seat. The owner's license
shall also be prominently displayed and adequately posted in the interior
of the taxicab so as to be plainly legible to any passenger seated
on the rear seat.
A.
Setting and display of fares.
(1)
The fare which may be charged by the driver or owner
of a taxicab/autocab for a trip wholly within the limits of the Township
may not exceed the rates approved by ordinance. A schedule of approved
rates, together with a schedule of rates charged for trips outside
of the Township, shall be displayed in the taxicab in a manner so
as to be easily read by all passengers.
(2)
Taxi fares as set forth hereinafter may be amended
by the Township by ordinance from time to time. The initial taxi fares
are as follows:
(a)
The taxi fare is $3.50 per trip for those up
to 60 years of age, and $3 per trip for those over 60 years of age.
(b)
Each additional passenger shall be charged $1.
(c)
Each additional stop shall be charged $1.
(d)
Deliveries shall be charged $5.
(e)
Waiting time once the taxicab is employed by
the user shall be charged $2 per five minutes waiting time.
(f)
The loading/unloading of all bags, luggage and
similar items shall be charged at $0.25 per item for all items over
two.
B.
Receipts. The driver of a taxicab/autocab, upon request,
shall give the passenger a receipt for the amount charged. The receipt
shall show the name of the owner, the license number of the taxicab/autocab
with the amount of the fare and the date of the transaction.
C.
Refusal to pay fare. No person after hiring a taxicab/autocab
shall refuse to pay the legal fare, nor shall any person hire a taxicab/autocab
with the intent not to pay the legal fare.
D.
Disputes over fares. All disputes as to the rate of
fare shall, upon request of the driver or passenger, be determined
by the police officer in charge of the Township police station. Failure
to comply with the officer's determination shall be a violation of
this chapter.
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,
fare received, distance traveled and the driver license number of
the person driving the taxicab on the trip. The records shall be kept
in a place that is convenient for a proper authorized representative
of the Township to inspect the same and the owner shall give his/her
cooperation in expediting any inspection.
A.
Amount; policy; provider.
(1)
Every applicant for a taxicab owner's license shall
submit and file with the Clerk an insurance policy of a company duly
authorized to transact business under the insurance laws of the State
of New Jersey with an AM Best rating or Standard and Poors rating
of “A” or better, in the sum of a minimum of $100,000
against loss from liability imposed by law upon the taxicab owner
for damages on account of bodily injury or death suffered by any one
person and $100,000 for damages on account of bodily injury or death
suffered by more than one person and in the sum of a minimum of $50,000
against loss on account of property damage suffered by any person
or persons as a result of an accident occurring by reason of the ownership,
maintenance or use of such taxicab, covering the taxicab or taxicabs
to be licensed.
[Amended 3-23-2010 by Ord. No. O-10-4]
(2)
The taxicab owner's license shall be effective and
operation thereunder shall be permitted only so long as the insurance
policy shall remain in force to the full and collectible amounts as
aforesaid. The insurance policy shall specifically provide for the
payment of any final judgment recorded by any person on account of
the ownership, maintenance or use of the taxicab or any faults in
respect thereto and shall be for the benefit of every person suffering
loss, damage or injury as aforesaid.
[Amended 7-27-2010 by Ord. No. O-10-12]
(3)
No
owner's insurance policy may contain a "Named Driver Endorsement"
that would exclude coverage if the vehicle was being driven by any
individual other than the named driver, or a "Radius of Operation"
endorsement which limits coverage to a specific radius of operation.
[Added 3-23-2010 by Ord. No. O-10-4; amended 7-27-2010 by Ord. No.
O-10-12]
(4)
The
insurance provider must be a member of an insolvency fund in the event
of default, or, in the alternative, must provide an alternative guarantee
for coverage of claims.
[Added 3-23-2010 by Ord. No. O-10-4; amended 7-27-2010 by Ord. No.
O-10-12]
B.
Power of attorney. Concurrently with the filing of
the insurance policy with the Clerk, the applicant for a taxicab/autocab
owner's license shall execute and deliver to the Township Clerk a
power of attorney wherein and whereby the owner shall nominate, constitute
and appoint the Chief Financial Officer of the Township his or her
true and lawful attorney for the purpose of acknowledging service
of any process out of a court of competent jurisdiction to be served
against the insured by virtue of the indemnity granted under the insurance
policy filed.
C.
Bond. If the taxicab/autocab owner applicant operates
more than one taxicab/autocab, he or she may file with the Clerk,
in lieu of the policy, a bond or insurance policy of a company duly
licensed to transact business under the insurance laws of this state,
in the sums hereinabove provided, which shall be blanket insurance
covering all taxicabs/autocabs operated by such owner, which bond
shall provide for the payment of any final judgment recorded by any
person on account of the ownership, maintenance and use of any such
taxicabs/autocabs or any faults in respect thereto, and shall be for
the benefit of every person suffering loss, damage or injury.
D.
Issuance of certificate. The Township Clerk, upon filing of the required insurance policy or bond, shall issue a certificate in duplicate showing that the owner of the taxicab/autocab has complied with the terms and provisions of this chapter, which certificate shall recite the name of the insurance company, the number and date of expiration of the policy or bond, a description of the taxicab/autocab insured thereunder and the registration number of the same. The duplicate certificate shall be filed with the Division of Motor Vehicles before any such car is licensed as a taxicab/autocab. The original certificate shall be posted in a conspicuous place within the taxicab/autocab. The fee for this certificate shall be as provided in Chapter 150, Fees.
The Township Committee may establish, by resolution,
rules and regulations relating to the operation of taxicabs/autocabs
and the conduct of licensees. A copy of the rules and regulations
shall be furnished to each licensee.
A.
Generally. In addition to the causes for revocation
of a license set forth in this chapter, any license issued under this
chapter may be revoked or suspended, or any application for the issuance
or renewal of a license denied, for any of the following reasons:
(1)
Failure to render reasonable, prompt, safe and adequate
taxicab/autocab service.
(2)
The existence of a judgment unsatisfied of record
against the licensee or applicant in any suit arising over the operation
of a motor vehicle.
(3)
Permitting any taxicab/autocab owned or driven by
the licensee to become unsafe, unsanitary or dirty.
(4)
Failure to comply with all applicable laws of the
State of New Jersey, the ordinances of the Township or the rules and
regulations adopted in accordance with this chapter.
(5)
Conviction of a felony crime or conviction of three
or more ordinance or motor vehicle violations in the preceding 12
months, or conviction of a motor vehicle violation of three points
or greater in the preceding 12 months.
(6)
Determination that the licensed motor vehicle is unsafe
or unsanitary, is dangerous to the safety or health of the occupants
or others, or if the policy of insurance or bond or power of attorney
required herein has not been furnished or kept in force or if the
owners shall fail to comply with any terms or conditions imposed by
the Township Committee or any laws of the state.
B.
Drivers. If the licensee is a driver, his or her license
may also be revoked or suspended for the following reasons:
(1)
Revocation or suspension of his or her New Jersey
motor vehicle operator's license.
(2)
Contracting by the licensee of a communicable or contagious
disease.
(3)
Operating a taxicab/autocab in a reckless or grossly
negligent manner, or habitually operating a taxicab/autocab in a negligent
manner.
(4)
Conviction of a felony crime or drug offense or conviction
of three or more ordinance or motor vehicle violations in the preceding
12 months, or conviction of intoxicated or reckless driving or a motor
vehicle violation of three points or greater in the preceding 12 months.
(5)
The applicant has made false answers in the application
for this license or the New Jersey state driver's license application,
or any renewal thereof or has failed or fails to render reasonably
prompt, safe and adequate taxicab service or has not complied fully
with all of the requirements of this chapter for such class of license.
(6)
Failure
of the applicant to provide proof of satisfactory completion of a
New Jersey-certified defensive or safe driving course within 60 days
of the initial issuance of the temporary driver’s license.
[Added 3-23-2010 by Ord. No. O-10-4]
A.
Stopping restriction. No person shall park or place
any taxicab on any of the streets of the Township at any time except
at such place or places as the Township Committee may designate as
municipal taxi stands unless the operator is stopped while in service
or stopped for the purpose of obtaining food for himself/herself.
B.
Prohibited solicitation of passengers. No person shall
cruise the streets of the Township with any taxicab at any time for
the purpose of soliciting passengers.
C.
No taxicab driver or other person shall solicit, attempt
to solicit or otherwise seek to engage a passenger of any public street
and/or sidewalk in the Township.
D.
Refusal to carry certain passengers. Every person
so licensed as aforesaid shall not refuse to carry local fares or
passengers unless the fare or passenger is unruly or intoxicated.
[Amended 3-25-2004 by Ord. No. O-04-7]
Owners and drivers of taxicabs licensed out
of the jurisdiction of the Township, and who have their principal
office or place of business out of the jurisdiction of the Township,
may be allowed to enter their taxicab in the Township on a specific
call only while in the process of discharging a passenger transported
from outside of the Township limits to a point within the Township
limits or picking up a passenger in the Township as a result of having
been specifically called to do so by the prospective passenger. Such
taxicabs shall not be parked in the Township nor shall the drivers
thereof cruise on the streets of the Township at any time for the
purpose of soliciting passengers, nor shall they in the nighttime
or other periods of darkness, when in the Township, permit any advertising
lights on the taxicab to remain lighted.
