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.
No license shall be issued by the Township 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.
[Amended 2-9-2012 by Ord. No. 2012-02]
A.
There shall
be a maximum of two autocab owner’s licenses available for issuance.
Said number may be increased subject to the discretion of the Township
through the public bid process in accordance with N.J.S.A. 48:16-2.1
et seq.
B.
Owner’s
licenses. The Township Committee 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.
C.
Operator’s
licenses. The Township Committee 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 chapter. Such licenses shall hereinafter
be referred to as an "operator’s license."
License fees, to cover the administrative costs
associated with processing the application, are nonrefundable. The
annual license fee is $150, which shall be paid to the Clerk, who
shall deliver the same to the Treasurer. An additional fee of $25
will be charged for each additional vehicle owned and/or operated
by the licensee. If any additional vehicles are added to the fleet
subsequent to the initial license issuance, an additional fee of $25
will be assessed for the added vehicle. It shall be the responsibility
of the licensee to advise the Clerk of any vehicle added to the fleet
prior to operating said additional vehicle within the Township.
Application for a license to operate or own
an autocab within the Township of Little Egg Harbor shall be filed
with the Municipal Clerk of the Township of Little Egg Harbor on forms
provided by the Municipal Clerk. All applications shall be verified
under oath. All applications shall require the following information
regarding the applicant and the vehicle to be utilized as an autocab:
A.
Applicant information.
(1)
The name and current address of the applicant. In
the event that the applicant is not an individual person, the name
and address of all owners of the legal entity, including all officers,
directors, or any authorized agents of the applicant, or any person
legally authorized to conduct business on behalf of the applicant.
(2)
A listing of places of address for the five years
previous to filing of the application.
(3)
The name, date and description of the applicant's
last employment, including the name of a contact person from that
employment for reference purposes.
(4)
Social security number.
(5)
Copy of valid New Jersey driver's license.
B.
Vehicle information.
(1)
The year, make and model of vehicle for which the
license is desired.
(2)
The dealer-recommended and legal passenger capacity
of the vehicle.
(3)
The ownership of the vehicle as indicated on the certificate
of title, and the name and address of any lien holders thereof.
(4)
The vehicle identification number and New Jersey registration
number for the vehicle.
[Amended 2-9-2012 by Ord. No. 2012-02]
A.
Neither
an owner’s nor an operator’s license shall be granted
to any persons unless the application for such license has been submitted
to the Township Committee. 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 vehicles violations
by the Chief of Police and shall be fingerprinted and photographed.
A person shall be disqualified from operating a taxicab if a criminal
history record background check reveals a conviction of any of the
following crimes:
(1)
In
New Jersey or anywhere else: aggravated assault, arson, burglary,
escape, extortion, homicide, kidnapping, robbery, aggravated sexual
assault, sexual assault of endangering the welfare of a child pursuant
to N.J.S.A. 2C:24-4, whether or not armed with or having in his possession
any weapon enumerated in Subsection r of N.J.S.A. 2C:39-1, 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 Subsection A(1).
(3)
If a person who has been convicted of one of the crimes enumerated in Subsection A(1) or (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 of 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)
The
provisions of this subsection shall not apply to an operator or driver
of an autocab who has received the consent to operate in a municipality
prior to November 29, 2011.
B.
In the
event of the denial of an owner’s license, the Township Committee
shall instruct the Township Clerk to notify the applicant, by certified
mail, setting forth the reasons for denial. Within five days thereafter,
the applicant may file with the Township Committee 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 Township Committee
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 conclusions of the hearing, the
Township Committee shall make its final decisions whether to issue
the owner’s license or sustain the denial of said application.
No application for an autocab license under
the terms of this article shall be issued unless the applicant:
A.
Has been a licensed driver for at least four years.
(This shall not include any time spent driving pursuant to a permit.)
B.
Is able to effectively communicate with passengers
for the purpose of transporting passengers from a location within
the Township of Little Egg Harbor to another destination, specifically
for the purpose of following directions.
C.
Submits two personal letters of reference as to his
or her good character.
D.
Submits a photocopy of a valid New Jersey driver's
license.
No license shall be issued pursuant to this
article unless and until the Township Committee reviews the application,
including the results of the police investigation, and finds:
A.
That, based on all the information available to the
Township Committee, the applicant is a qualified person to operate
or own an autocab;
B.
In the event of a renewal application, that the applicant
remains compliant with the provisions of this article, N.J.S.A. 48:16-1
et seq., and any applicable law, and that based on a review of the
prior year's reports regarding violations or incidents, the applicant
is qualified for a renewal.
C.
That the applicant is qualified and able to operate
or own an autocab in accordance with the provisions of this article,
N.J.S.A. 48:16-1 et seq., and any applicable law.
A.
After issuance, each license shall be numbered consecutively
and classified according to whether the licensee is an owner or operator
of an autocab. Every license shall contain the following:
B.
Every licensee shall be provided with a license which
contains the above information and a two-inch-by-two-inch photograph
of the licensee adhered to the license.
C.
Every license shall be displayed in the autocab for
which it was issued on the front right dashboard or the front right
visor so that it may be viewed from location within the autocab.
D.
Each autocab
licensed pursuant to this chapter shall display the Township license
number on the exterior of the vehicle. The number shall be three inches
in height and located in the center of the rear quarter panels on
the driver and passenger sides and the rear centerline of the trunk
of the vehicle.
[Amended 2-9-2012 by Ord. No. 2012-02]
E.
Each autocab
shall display on each rear door of the autocab the name “Little
Egg Harbor Township” in letters three inches in height.
[Amended 2-9-2012 by Ord. No. 2012-02]
In accordance with N.J.S.A. 48:16-5, the owner
of the autocab shall execute and deliver the Township Clerk a power
of attorney, wherein and whereby the owner shall appoint the Chief
Financial Officer of the municipality as his 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 or bond
filed pursuant to N.J.S.A. 48:16-3 and N.J.S.A. 48:16-4. Said power
of attorney shall be executed and delivered concurrently with the
filing of the insurance policy or bond.
A.
No license issued pursuant to this article shall be
assigned, mortgaged, pledged or otherwise transferred to secure a
debt, loan, advance or other financing transaction or for any other
purpose.
B.
Any sale or transfer in ownership of an autocab by
any means shall result in the expiration of the owner's license as
to the autocab, and any operator of that autocab, unless and until
an owner's license is issued to the new owner pursuant to the provisions
of this article, or the approval of the governing body is obtained
for any such transfer.
No operator shall permit any person or persons
other than the person or persons first employing the autocab to occupy
or ride in said autocab unless the person or persons first employing
the autocab shall consent to the acceptance of such additional passenger
or passengers.
Each passenger shall be entitled to have carried
and conveyed within any licensed autocab, without charge, his or her
traveling baggage to the extent that the same fits safely within the
autocab and in no way impedes the safe operation of said autocab.
No autocab license shall be issued to or renewed
for any autocab unless and until proof is provided that such autocab
is in compliance with N.J.S.A. 39:3-76.2 et seq. regarding child passenger
restraints, including, but not limited to, a proof of child passenger
restraint system that complies with the federal motor vehicle safety
standards applicable at the time of manufacture as provided under
N.J.S.A. 39:3-76.2a.
Every owner's or operator's license granted hereunder may be suspended or revoked by the Township Committee, after notice and hearing, for the violation of any of the provisions of this article or of the statutory provisions incorporated in § 305-2 hereof or for other good and sufficient cause. During said suspension and after revocation, the license shall be inoperative and of no effect, and the license shall be surrendered to the Township forthwith, along with the badge supplied by the Township pursuant to § 305-10 hereof.
