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ORDINANCE 2013-44 Taxi Licenses

Adopted: December 17, 2013

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN AND STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING
CHAPTER VI ENTITLED “LICENSING TAXI CABS” BY PROVIDING FOR THE REGISTRATION AND REGULATION OF TAXIS, AUTOCABS AND OTHER VEHICLES ENGAGED IN THE BUSINESS OF CARRYING PASSENGERS FOR HIRE,
AND THE OWNERS AND DRIVERS THEREOF AND THE BUSINESS OF OPERATING TAXIS, FIXING LICENSE FEES AND PROVIDING FOR PENALTIES FOR THE
VIOLATION THEREOF

WHEREAS, the Mayor and Council of the Borough of Point Pleasant Beach have found it is in the public interest and in order to ensure the safety and quality of life for all residents of and visitors to the Borough revise licensing requirements and regulate the business and operations of owners and drivers of taxis, autocabs and other vehicles engaged in the business of carrying passengers for hire within the Borough.

NOW, THEREFORE, BE IT ORDAINED, by the Borough of Point Pleasant Beach, County
Of Ocean and State of New Jersey, that Chapter VI of the Borough Code shall be amended and supplemented by replacing it in its entirety with the following:

Section 1. Definitions. As used in this section:

"Borough" shall mean Borough of Point Pleasant Beach.

''Driver'' shall mean any person who drives a taxi/autocab within this Borough.

“Governing Body” shall mean Mayor and Borough Council of Point Pleasant Beach.

“License” shall refer to both annual and seasonal licenses to own and/or operate a taxicab within the Borough of Point Pleasant Beach, unless specifically set forth in this chapter.

"Operation" of a taxi/autocab shall consist of transporting in such taxi/autocab of one
or more persons for hire. A taxi/autocab which is operated or run, over any of the
streets within the Borough, to seek or accept passengers for transportation from points
or places to points or places within or outside the Borough shall be deemed to be
operation of a taxi/autocab within the Borough. A taxi/autocab parked or idling on a
Borough street or accepting a passenger for hire from a point of departure within the
Borough shall be deemed to be operation. Operation of a taxi/autocab by one other
than the owner shall be deemed operation by the owner, as well as operation by the
person actually driving the taxi/autocab. The transportation in or through the Borough
of any person other than the owner or driver of any motor vehicle bearing signs therein
or thereon using the word "taxi", "cab", "autocab", "car service", "hack", "dial a ride",
"call a ride", "transport", transport vehicle", "car service" or "transportation" shall be
prima facie evidence of operation.

"Owner" shall mean any person, corporation, business entity or association in whose
name title to any taxi/autocab is registered with the New Jersey Motor Vehicle
Commission, or who appears in any governmental records to be the conditional
vendee or licensee thereof.

"Person" means and includes any individual, co-partnership, association, corporation
or joint stock company, their lessees, trustees or receivers appointed by any court
whatsoever.


"Taxi/Autocab" shall mean and include any automobile commonly called taxi,
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 Borough and which accepts or discharges passengers for transportation
from points or places to points or places within or outside the Borough.

"Taxi/Autocab" shall not include a limousine as defined by N.J.S.A. 48:16-3.


Section 2. Operation
No person shall operate, nor permit the operation of taxicab within the Borough of Point Pleasant Beach unless there is a current license in effect for such taxicab in the issuing municipality. For purposes of this section of the chapter, “person” shall include the taxicab driver, operator or owner of the taxicab, whether the owner or operator is an individual or corporation. Further, it shall be responsibility to make a diligent inquiry and effort to establish that the taxicab driver is licensed prior to permitting or allowing the taxicab to be operated by any taxi driver within the Borough of Point Pleasant Beach.

Section 3. Licenses
All taxi/autocab owners and operators, operating within the Borough shall be licensed
in accordance with the provisions of this ordinance. There are hereby established four (4) classes of taxi/autocab licenses in the Borough as follows:

a. "Taxi/Autocab Driver's License". This license shall entitle the individual
named therein to operate within this Borough any taxi/autocab duly
licensed hereunder. Such license may •only be issued in the name of an
individual and not in the name of the business entity.

b. "Taxi/Autocab Owner's License". This license shall entitle the vehicle
therein listed and described to be used as a taxi/autocab and operated in this
Borough by a driver duly licensed hereunder.

Section 4. Applications for licenses
Application Form. Each applicant for the issuance or renewal of a license of any
class shall supply, in full, the information requested on the application forms approved
by the Borough Administrator and obtained from the Borough Clerk, and shall verify
the correctness thereof by certification. The completed application must be filed with
the Borough Clerk, together with the fee hereinafter fixed.

a. Applications for licenses shall be filed
with the Borough Clerk at any time, but no taxi/autocab shall be operated
in the Borough until both the taxi-autocab and driver are licensed in
accordance with this section each year.

b. There shall be a maximum of three (3) taxi/autocab owner's licenses available for issuance. There shall be a maximum of two (2) seasonal taxi/autocab owner’s licenses, same to be awarded through the public process in accordance with N.J.S.A. 48:16-2.1 et seq. Said number of either or both class of owners license may be increased subject to the discretion of the Borough through the public bid process in accordance with N.J.S.A. 48:16-2.1 et seq.

c. Seasonal taxi/autocab Owner’s License-shall be the same as provided for in Subsection “e” below.

d. Seasonal Taxi/autocab Driver’s License-shall be the same as provided for by subsection “f” below.

e. Requirements for Taxi/Autocab Owner's Licenses. Each applicant for a
taxi/autocab owner's license must meet the following requirements to be
considered for issuance of a license:
1. Be of the age of twenty-one (21) years, or over.
2. Fully complete an application form provided by the Borough
Clerk, which shall be signed and sworn to or certified by the
applicant and filed with the Borough Clerk as a permanent
record.

3. The applicant shall be required to consent to and submit to a
state and federal criminal history check, either by fingerprinting
or live scan through Morphotrak, Inc. (a private company under
contract with the State of New Jersey) or whoever vendor under
contract is at the time, at the Borough's sole discretion, which
shall be forwarded to the Borough at the cost and expense of the
applicant.

4. Insurance.
(i) Each applicant for a taxi/autocab owner's license shall,
together with the application, submit the insurance
policy required by N.J.S.A. 48: 16-3 et seq., covering the
taxi/autocab sought to be licensed; and each applicant
shall then and thereafter comply with all of the
provisions of NJ.S.A. 48:16-1 et seq., as well as the acts
amendatory thereof or supplemental thereto.
(ii) If the applicant operates in more than one municipality,
the applicant must file an original duplicate autocab
insurance certificate issued pursuant to NJ.S.A. 48:16-7
by the Clerk of the municipality within which the
Owner's principal place of business is located.
(iii) The minimum acceptable insurance liability limit is as
Follows: Combined single limit coverage: One Hundred
Thousand ($100,000.00) dollars.

f. Requirements for taxi/autocab driver's license. Each applicant for a
taxi/autocab driver's license must meet the following requirement:
1. Be of the age of twenty-one (21) years, or over.
2. Possess a valid New Jersey driver's license.
3. Submit a completed Medical Examiner's Certificate required
under 49 CFR 391.41-391.49 to the Borough from a licensed
physician stating that the applicant has been examined within
sixty (60) days of the date of the application and is fit for the
safe operation of a taxi/autocab.
4. Fully complete an application form provided by the Borough
Clerk, which shall be signed and sworn to or certified by the
applicant and filed with the Borough Clerk as a permanent
record.
5. The applicant shall be required to consent to and submit to a
state and federal criminal history check, either by fingerprinting
or live scan through Morphotrack, Inc. (a private company
under contract with the State of New Jersey) or whoever the
vendor under contract is at the time, at the Borough's sole
discretion, which shall be forwarded to the Borough at the cost
and expense of the applicant.

g. The applicant shall be required to apply to the New Jersey Motor Vehicle Commission for a certified driver history abstract which shall be forwarded to the Borough at the cost and expense of the applicant.

Section 5. Issuance of license
a. Upon notification by the Borough Clerk of satisfactory fulfillment of the
foregoing requirements, the Governing Body shall either grant or deny the
license application, unless the Governing Body returns or holds over the
application for further investigation.

b. Any license issued pursuant to this section shall expire at midnight of the
thirty-first (31) day of December of the year in which it was issued, and shall
not be transferable.

Section 6. Fees
a. The annual fee for each taxi/autocab owner's license hereafter issued, or any
renewal thereof, shall be fifty ($50) dollars. The license is not transferable and
is granted to a specific vehicle. If such vehicle is sold or conveyed during the
license year, the owner may apply to the Borough for a substitute for the
remainder of the license period.

b. The annual fee for each taxi/autocab driver's license hereafter issued, or any
renewal thereof, shall be fifty ($50.00) dollars for each year, or portion of a
year, for which the license is issued or renewed.

c. In the event a person issued a taxi/autocab owner's license also makes
application for a taxi/autocab driver's license, the $50.00 license fee
will be waived if the taxi/autocab owner also happens to be the
designated driver of that particular licensed taxi/autocab.

Section 7. Denial, revocation or suspension of licenses
a. The Governing Body may, in their discretion, refuse to issue or renew, or
may after notice and hearing before the Governing Body, revoke or suspend
any taxi/autocab driver's and/or owner's license issued hereunder if the
applicant or licensee:
I. Has been convicted of a crime in this or any other jurisdiction.
2. Violates any provision of this ordinance.
3. Has not complied fully with all of the requirements of this ordinance.
4. If the motor vehicle licensed, or to be licensed, has unsafe or unsanitary
conditions, or is otherwise dangerous to the safety or health of the
occupants or others.
5. If the policy of insurance required by NJ.S.A. 48:16-3 and Section
4(b)(4) of this Ordinance lapses, or such coverage is not maintained at
all times.
6. Has in any degree contributed to any injury to any person, or damage to
property, arising out of reckless operation of a motor vehicle pursuant
to NJ.S.A. 39:4-96.

b. A person shall be disqualified from opening or driving an autocab if a
criminal history record background check as required by this Ordinance
reveals a record of conviction of any of the following crimes:
I. In New Jersey or elsewhere any crime as follows: aggravated assault,
arson, burglary, escape, extortion, homicide, kidnapping, robbery,
aggravated sexual assault, sexual assault or endangering the welfare of
a child pursuant to NJ.S. 2C:24-4, whether or not banned with or having
in his possession any weapon enumerated in subsection r. of NJ.S.
2C:39-l, a crime pursuant to the provisions of NJ.S. 2C:39-3, NJ.S.
2C:39-4, or NJ.S. 2C:39-9, or other than a disorderly persons or petty
disorderly persons offense for the unlawful use, possession or sale of a
controlled dangerous substance as defined in NJ.S. 2C:35-2.
2. In any other state, territory, commonwealth, or other jurisdiction of the
United States, or any country in the world, as a result of a conviction in
a court of competent jurisdiction, a crime which in that other
jurisdiction or country is comparable to one of the crimes enumerated
in paragraph 1. of this subsection.
3. If a person who has been convicted of one of the crimes enumerated in
paragraphs 1. and 2. of this subsection can produce a certificate of
rehabilitation issued pursuant to N.J.S. 2A: 168A-8 or, if the criminal
offense occurred outside New Jersey, an equivalent certificate from the
jurisdiction where the criminal offense occurred, the criminal offense
shall not disqualify the applicant from operating or driving an autocab.
4. Owners licenses may be suspended or revoked if the vehicle is not in a safe condition for the transportation of passengers, not kept in conformity with the terms of this chapter, if used or permitted to be used for any improper, immoral or illegal business or purposes, or for the violation of any statute or law of the state of the United States, or for the violation of any of the provisions of this chapter or any rules and regulations duly adopted there under.
5. A driver’s license may be suspended or revoked for a violation of any state or federal statute or any of the provisions of this chapter or any rules and regulations made by the Chief of Police or whenever in his or her judgment the promotion of the public life, health, morals or safety will be affected. Any such suspension is noted on the license, together with a statement of the reasons.

Section 8. Display of license and certificate of insurance.
a. No taxi/autocab shall be operated in the Borough unless the taxi/autocab
driver's license (including photograph identification) of the person operating
the taxi/autocab, is prominently displayed and open to view of passengers in
accordance with reasonable procedures of the Borough provided by way of written notice to the licensee from the Chief of Police or his or her designee .

b. The Certificate of Insurance required by N.J.S.A. 48:16-6 shall likewise be
prominently displayed in accordance with reasonable procedures of the
Borough provided by way of written notice to the licensee from the Chief of Police or his or her designee.

Section 9. Lettering and Visual Identification Symbol
a. Every taxi/autocab operating within the Borough shall have affixed or painted
on both sides thereof the words "taxi" or "cab" in letters at least six (6) inches
high, or the name of the operating owner containing the words "taxi" or "cab"
or "taxicab", as well as the business telephone number.

b. Every taxi/autocab or other vehicle required to be licensed under this
Ordinance operating within the Borough shall display a visual identification
symbol the design, specification and contents of same to be determined in the
sole discretion of the Borough, by way of a decal, magnetic device, placard or
other method which will identify the vehicle as properly and currently
licensed. The method of display shall be as determined by the Borough Police
Department and communicated in writing to the Taxi license holder which
shall be required to adhere to the contents of said notice within seven (7)
calendar days of the date of the notice. The Borough may elect to require that
the visual identification symbol be made and then affixed to the licensed
vehicle by a vendor or vendors of the Borough's designation, all such costs for
such production and affixing to the licensed vehicle to be paid by the licensee.

Section 10. Restrictions on Operation of taxi/autocabs
a. No taxicab while waiting for employment by passengers shall on any public street or space other than that at or upon a taxicab stand designated or established in accordance with this chapter, nor shall any driver seek employment by repeatedly and persistently driving his or her taxicab to and from in a short space before, or by otherwise interfering with the proper and orderly access to or egress from any theatre, hall, hotel, public resort, railroad station or other place of public gathering. No driver shall solicit passengers for a taxicab except when sitting upon the driver’s seat, nor shall any driver of a taxi cab solicit employment in the transportation of passengers by driving through any public street or public place at a slow rate of speed commonly designated as “cruising”. No taxicab shall stop except (a) to receive or drop off passengers or (b) in response to a traffic signal direction of a police office. No taxicab having stopped, as authorized by of this section shall remain stopped for longer than necessary to receive or discharge passengers and in any case not longer than five (5) minutes.

b. All persons shall be picked up or discharged at the curb, or in off-street areas
designated by business establishments for the use of their patrons, and the
taxi/autocab shall at no time interfere with traffic on any roadway.
Nothing herein shall preclude commercial establishment locations to establish
pick up areas in parking lots.

c. No vehicle covered by the terms of this chapter is licensed if it uses or imitates any color scheme, name, monogram or insignia used by any other person operating a taxicab or taxicabs. Any taxicab licensed issued under the terms of this chapter is subject to suspension or revocation by the Governing Body if any change is made with regard to the color scheme, name, monogram or insignia of any vehicle, in any manner tending to deceive or defraud the public.

d. No driver of a taxicab induces any person to employee him or her by knowingly misinforming or misleading such person either as to the time or place of the arrival or departure of any train or boat, or as to the location of any hotel, public place or private residence within the Borough, or as to the distance between any two points, nor shall any driver deceive any person or make any false representation to him or her or convey any passenger to any other place or over any route other than that to which the passenger may have instructed the driver to go. Unless otherwise ordered, passengers are conveyed only over the most practical, direct route to their destination.

Section 11. Taxi Stands
The Borough of Point Pleasant Beach may designate the location and size of any taxi stand in
accordance with state law and pursuant to the Borough of Point Pleasant Beach. Only taxi/autocabs and taxi/autocab drivers licensed by the Borough under this Ordinance may utilize the taxi stand. No person shall sit idle, park or operate in a designated taxi stand for any other purpose except to pick up or discharge passengers. A designated taxi stand may only be occupied by a taxi/autocab and driver licensed by the Borough in accordance with this ordinance. No person shall leave any vehicle unoccupied at any designated taxi stand. A taxi stand shall allow a person the opportunity to find transportation services in an expeditious, unbiased, nondiscriminatory and courteous manner. No passenger may be denied transportation by any taxi/autocab occupying any portion of a designated taxi stand provided that said passenger has the ability to meet the terms, fare or fee for the service to be rendered. Call ahead or pre-arranged pick-ups may not be picked up from any designated taxi stand.

a. Temporary Taxi Stand. The ranking or senior Borough police officer on duty
may, in the event, the number of people at any location seeking transportation
from taxi/autocabs creates or may create a safety concern and or may create a
disturbance of the peace, may establish a temporary taxi stand at any public
location, such temporary taxi stand to be designated by temporary traffic signs
or other traffic devices identifying the Temporary Taxi Stand. The provisions
of Section II applicable to Taxi Stands shall be applicable to Temporary Taxi
Stands pursuant to the Borough of Point Pleasant Beach.

Section 12. Fines and penalties
a. Any person violating any of the provisions of this ordinance shall, upon
conviction of a first offense be subject to a fine of not to exceed $250.00; on
conviction of a second offense be subject to a fine of not to exceed $500.00
and for a third or subsequent offense be subject to a fine of $2000.00 dollars,
and/or be subject to a term of imprisonment not exceeding ninety (90) days in
the County Jail, or in any other place provided by the municipality for the detention of prisoners, or both.

b. Any corporation violating any of the provisions of this ordinance shall, upon
conviction, pay a fine of not less than $500.00 or more than $2000.00 dollars.

c. Nothing herein shall preclude the prosecution of any such violation under Title
48 and or Title 2C of the New Jersey statutes nor restrain or prohibit the Mayor
and Council from suspending or revoking any license issued hereunder in
accordance with the provisions of this ordinance.

d. Every driver of a taxicab at the beginning and end of his tour shall carefully search the cab for any property lost or left in it. Any lost property not claimed by or delivered to the owner within 24 hours shall be reported in writing to the chief of police by the driver or owner of the taxicab. The report shall give a brief description of the property.

Section 13. Construction and effective date
a. Should any section or provision of this ordinance be held invalid in any
proceedings, the same shall not affect any other section or provision of this
ordinance, except insofar as the section or provisions so held invalid shall be
inseparable from the remainder of any such section or provision.

b. Should any portion of the Borough of Point Pleasant Beach, any ordinance, or any part of an ordinance be inconsistent with this Ordinance, same are hereby repealed.

c. This ordinance shall take effect upon its passage as provided by law.


NOTICE PUBLIC NOTICE IS HEREBY GIVEN that Ordinance 2013-44 was introduced at a meeting of the Mayor and Council of the Borough of Point Pleasant Beach on the 3rd day of December, 2013, and was then read for the first time. The said Ordinance will be further considered for final passage by the Mayor and Council at Borough Hall, 416 New Jersey Avenue at 7:30 p.m. on the 17th day of December, 2013. At such time and place, or at any such time or place to which said meeting may be adjourned, all interested persons will be given an opportunity to be heard concerning said ordinance. A copy of this ordinance can be obtained without cost by any member of the general public at the office of the Municipal Clerk in Borough Hall between the hours of 9:00 a.m. and 4:00 p.m. on Monday through Friday, except on legal holidays.



Maryann Ellsworth, RMC
Municipal Clerk
Sean D. Gertner, Esquire
1215 East Veterans Highway
Jackson, NJ 08527

Passed on First Reading and Introduction: Approved on Second Reading and Final Hearing:



________________________________________
Vincent Barrella
MAYOR


Published December05, 2013 | New Ordinances | 1728


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