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ORDINANCE 2014-09 Amendment to Ordinance 2013-44-Taxi Licenses

Adopted: April 1, 2014

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”


WHEREAS, the Mayor and Council of the Borough of Point Pleasant Beach in order to ensure the safety of, and quality of life of, all residents of, and visitors to, the Borough, have found that it is in the public interest to revise licensing requirements and regulations governing the businesses of, 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 operates 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 taxi/autocab within the Borough of Point Pleasant Beach, unless otherwise specifically set forth in this chapter.

"Operation" of a taxi/autocab shall consist of seeking to, or accepting, passengers for transportation from points or places within the Borough for hire.
Operation shall include a taxi/autocab parked or idling on a Borough street, or accepting a passenger for hire from a point of departure within the Borough.
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, limited liability company, joint stock company, and any other entity created pursuant to law, their lessees, trustees, or receivers, appointed by law.

"Taxi/Autocab" shall mean and include any automobile commonly called a 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, a taxi/autocab(s) within the Borough of Point Pleasant Beach unless there is a current license in effect for such taxi/autocab in the issuing municipality. It shall be the responsibility of the owner to establish that the taxi/autocab driver is licensed prior to permitting or allowing that taxi/autocab driver to operate within the Borough of Point Pleasant Beach.

Section 3. Licenses

All taxi/autocab owners and operators operating within the Borough, except those properly licensed in another municipality who are called to a location in the Borough for pickup or who pick up a fare in another municipality for drop off in the Borough, shall be licensed in accordance with the provisions of this ordinance.

There are hereby established taxi/autocab licenses in the Borough as follows:

a. "Annual 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.

b. "Annual 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.

c. "Seasonal 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 from May 1st through October 31st of the year in which the license is issued. A taxi/autocab holding a seasonal license shall only pick up passengers at an approved taxi/autocab stand within 200 feet of Ocean Avenue.

d. "Seasonal Taxi/Autocab Driver's License." This license shall entitle the individual named therein to operate within this Borough any taxi/autocab duly licensed hereunder from May 1st through October 31st of the year in which the license is issued. Such license may only be issued in the name of an individual and not in the name of the business entity. A taxi/autocab driver holding a seasonal license shall only pick up passengers at an approved taxi/autocab stand within 200 feet of Ocean Avenue.

There shall be a maximum of three (3) taxi/autocab Annual Owner's Licenses available for issue. There shall be no maximum number of Annual or Seasonal taxi/autocab Driver’s Licenses available for issue.

The number of Seasonal Owner’s Licenses available for issue in any one year may be set by Resolution of the Governing Body. The number of such licenses, once set by Resolution, shall remain the same until changed by a succeeding Resolution. The Governing Body may increase or decrease the number of Seasonal Owner’s licenses by Resolution at any time.

All newly issued licenses may be awarded through the public bid process in accordance with N.J.S.A. 48:16-2.3 or its successor. Seasonal licenses may be rebid each year, in the sole discretion of the Borough.

The recipient of a license issued pursuant to this section, as a condition of the award of such license, shall reimburse the municipality for any costs incurred by the municipality in complying with the public notice requirements, established pursuant to N.J.S.A. 48:16-2.1 or its successor. In the event that more than one taxi license is issued at the same public auction, the recipients thereof shall equally split the costs of reimbursing the municipality for any costs incurred by the municipality in complying with the public notice requirements.



Section 4. Applications for Licenses

Each applicant for the issuance or renewal of a license 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.

Applications for licenses shall be filed with the Borough Clerk. Such applications can be made at any time, but no taxi/autocab shall be operated in the Borough until both the taxi/autocab and driver are licensed.


Section 5. Requirements for Annual Taxi/Autocab Owner's and Seasonal Taxi/Autocab Owner’s Licenses.

Each applicant for an annual taxi/autocab owner's license and each applicant for a seasonal taxi/autocab owner’s license must meet all of the following requirements to be considered for issuance of a license:

1. Be an individual of the age of twenty-one (21) years or over, or an entity created pursuant to law and authorized to transact business in the State of New Jersey, who has at least one individual with an equity interest who meets this age requirement.
2. Provide the number of vehicles to be operated or controlled by the applicant and the location of any proposed depots or terminals.
3. Provide the previous experience of the applicant in the transportation of passengers for hire, including the name of any other state or municipality where the applicant has ever been licensed to operate a taxi/autocab, whether his license was ever suspended or revoked, or his application for the issuance or renewal of a license denied, and the reasons for the denial, suspension or revocation.
4. Submit appropriate evidence as to the applicant's good character and business and financial responsibility so that an investigator will be able to properly evaluate it.
5. 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.
6. 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 other vendor under contract at the time, at the Borough's sole discretion, which shall be forwarded to the Borough at the cost and expense of the applicant.
7. Provide Insurance as follows:
(i) Each applicant for a taxi/autocab owner's license shall insure each taxi/autocab with at least a $250,000.00 Combined Single Limit Policy.
(ii) proof of such insurance covering the taxi/autocab sought to be licensed as required by N.J.S.A. 48:16-3 through N.J.S.A. 48:16-9, shall be submitted with the application.
(iii) Each applicant shall then and thereafter comply with all of the provisions of N.J.S.A. 48:16-1 et seq., as well as the acts amendatory thereof or supplemental thereto.
8. Provide any other appropriate information the Governing Body of the Borough of Point Pleasant Beach may, by Resolution, require.


Section 6. Requirements for Annual Taxi/Autocab Driver’s and Seasonal Taxi/Autocab Driver’s Licenses.

Each applicant for a taxi/autocab driver's license and each applicant for a seasonal taxi/autocab driver’s license must meet all of the following requirements to be considered for issuance of a license:

1. Be of the age of twenty-one (21) years, or over.
2. Submit a list of all places where the applicant has ever applied for or been granted a license to drive a taxi/autocab.
3. Possess a valid New Jersey driver's license and provide the number of the applicant’s valid New Jersey Motor Vehicle operator's license.
4. Provide a statement as to whether the applicant's license to operate a motor vehicle or his license to drive a taxi/autocab has ever been suspended or revoked, or his application for the issuance or renewal of either license denied and, if so, the date and place of the denial, suspension or revocation and the reasons for it.
5. Provide the names and addresses of all persons by whom the applicant has been employed for the past five years, the position held, and the nature of the work performed
6. Submit three photographs at least 2" x 2" clearly showing the head and shoulders of the applicant.
7. Submit a completed Medical Examiner's Certificate required under 49 C.F.R. 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.
8. 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.
9. 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 other vendor under contract at the time, at the Borough's sole discretion, which shall be forwarded to the Borough at the cost and expense of the applicant.
10. 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.
11. Provide any other appropriate information the Governing Body of the Borough of Point Pleasant Beach may, by Resolution, require.



Section 7. Issuance of license

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.

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 8. Fees

The annual fee for each annual taxi/autocab owner's license and each seasonal taxi/autocab owner's license hereafter issued, or any renewal thereof, shall be one hundred ($100) dollars for the first annual taxi/autocab owner’s license or seasonal taxi/autocab owner's license and twenty-five ($25) for each additional vehicle sought to be licensed by the same owner. 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.

The annual fee for each annual taxi/autocab driver's license and each seasonal 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.

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 9. Denial, Revocation or Suspension of Licenses

The Governing Body may, in its discretion, refuse to issue or renew, or may after notice and a hearing before the Governing Body, revoke or suspend, any annual taxi/autocab and/or seasonal taxi/autocab driver's and/or owner's license issued hereunder if the applicant or licensee:

1. has been convicted of a crime in this or any other jurisdiction; or
2. violates any provision of this ordinance; or
3. has not complied fully with all of the requirements of this ordinance; or
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; or
5. if the policy of insurance required by N.J.S.A. 48:16-3 - N.J.S.A. 48:16-9 and this Ordinance lapses, or such coverage is not maintained at all times; or
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 N.J.S.A. 39:4-96.

A person shall be disqualified from owning, operating, or driving a taxi/autocab if a criminal history record background check as required by this Ordinance reveals a record of conviction of any of the following crimes:

1. 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 N.J.S.A. 2C:24-4, whether or not banned with or having in his possession any weapon enumerated in subsection r. of N.J.S.A. 2C:39-l, a crime pursuant to the provisions of N.J.S.A. 2C:39-3, N.J.S.A. 2C:39-4, or N.J.S.A. 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 N.J.S.A 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.

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.A. 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 a taxi/autocab.

An owner’s 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 businesses or purposes, or for the violation of any statute or law of the state of New Jersey or the United States, or for the violation of any of the provisions of this chapter or any rules and regulations duly adopted there under.

A taxi/autocab 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 shall be noted on the license, together with a statement of the reasons.

Section 10. Display of License and Certificate of Insurance.

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.

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.

The taxi/autocab license holder shall adhere to the contents of each of the above notices within seven (7) calendar days of the date of the notice.

Section 11. Lettering and Visual Identification Symbol

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.

Every taxi/autocab 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/autocab license holder in writing. The taxi/autocab license holder shall 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 12. Restrictions on Operation of Taxi/autocabs

No taxi/autocab, while waiting for employment by passengers, shall be on any public street or space other than that at, or upon, a taxi/autocab stand designated or established in accordance with the Ordinances of the Borough of Point Pleasant Beach, nor shall any driver seek employment by repeatedly and persistently driving his or her taxi/autocab to and from, in a short space, before, in front of, or by, any theater, hall, hotel, public resort, railroad station or other place of public gathering, or otherwise operate any taxi/autocab so as to interfere with the proper and orderly access to, or egress from, any such theater, hall, hotel, public resort, railroad station or other place of public gathering.

No driver shall solicit passengers for a taxi/autocab except when sitting upon the driver’s seat, nor shall any driver of a taxi/autocab 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 taxi/autocab shall stop except (a) to receive or drop off passengers or (b) in response to a traffic signal, or the direction of a police officer. No taxi/autocab 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.

If more than one taxi/autocab arrives to pick up passengers from a taxi/autocab stand, the taxi/autocabs shall form a line behind the first cab to arrive. Each cab must agree to transport the next passenger in line at the taxi/autocab stand. Any taxi/autocab failing to agree to transport the next passenger in line, in addition to any other penalty imposed by law, shall go to the end of the taxi/autocab cab line as if they had just arrived. Any taxi/autocab refusing to transport the next passenger in line may, in the sole discretion of the Chief of Police or his designee, be prohibited from operating in the Borough for the next 8 consecutive hours.

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.

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 taxi/autocab or taxi/autocabs.

Any taxi/autocab 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.

No driver of a taxi/autocab may induce 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 13. Additional Restrictions on the Operation of Seasonal Taxi/autocabs

No holder of a seasonal owner’s or driver’s license shall pick up, or allow the pick up, of passengers at other than an approved taxi/autocab stand located within 200 feet of Ocean Avenue.

Section 14. Taxi/autocab Stands and Temporary Taxi/autocab Stands

The Borough of Point Pleasant Beach may designate the location and size of any taxi/autocab stand in accordance with state law and pursuant to the Ordinances of the Borough of Point Pleasant Beach. Only taxi/autocabs and taxi/autocab drivers licensed by the Borough under this Ordinance may utilize a taxi/autocab stand in the Borough.

No person shall sit idle, park, or operate in a designated taxi/autocab stand for any other purpose except to pick up or discharge passengers.

A designated taxi/autocab 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/autocab stand.

A taxi/autocab 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/autocab 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/autocab stand.

Temporary taxi/autocab 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/autocab stand at any public location, such temporary taxi/autocab stand to be designated by temporary traffic signs or other traffic devices, identifying the temporary taxi/autocab stand. The provisions of the Ordinances of the Borough of Point Pleasant Beach applicable to taxi/autocab stands shall be applicable to temporary taxi/autocab stands.

Section 15. Fines and Penalties

Any person violating any of the provisions of this ordinance shall, upon conviction of a first offense be subject to a fine not to exceed $250.00; on conviction of a second offense be subject to a fine not to exceed $500.00; and for a third or subsequent offense be subject to a fine of $2000.00 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.

Any entity 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.

In addition to any fine or penalty imposed by law, any taxi/autocab that picks up a passenger or passengers from a place other than as permitted by law may, upon commission of a second offense, in the sole discretion of the Governing Body, have their license suspended or revoked.

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 Governing Body from suspending or revoking any license issued hereunder in accordance with the provisions of this ordinance.

Every driver of a taxi/autocab 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 taxi/autocab. The report shall give a brief description of the property.

Section 16. Construction and Effective Date

All ordinances or parts thereof which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of their inconsistencies.

In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.

This Ordinance shall take effect immediately upon its final passage and publication as required by law.

The Borough Clerk is hereby directed, upon adoption of the Ordinance after public hearing thereon, to publish notice of the passage thereof and to file a copy of this Ordinance as finally adopted as required by New Jersey law.

NOTICE
NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 18th day of March 2014 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 1st day of April 2014 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place any person desiring to be heard will be given an opportunity to be so heard.
______________________________
MARYANN ELLSWORTH, RMC
Municipal Clerk


Published March19, 2014 | New Ordinances | 1802


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