A.
No vehicle shall be operated as a taxicab or vehicle for hire upon
the streets of this municipality without a taxicab license first having
been obtained therefor from the municipality, and no person, firm,
corporation or other entity shall operate or permit the operation
of a taxicab or a vehicle for hire without said taxicab or vehicle
being licensed as herein provided.
B.
The number of annual taxicab company licenses authorized by the Township
Council shall not exceed 20 in number.
No license shall be issued or renewed unless the holder thereof
has paid the annual license fee in the hereinafter sum for the right
to engage in the taxicab business. Said license shall be for the year
ending on the 31st day of March and shall be in addition to any other
fee or charges established by proper authorities and applicable to
said holder for the vehicle or vehicles under his or her operation
and control. The annual license fee shall be $270. Transfer of said
license is permissible upon payment of a transfer fee of $50 and surrender
of the original taxi license for the vehicle which is being replaced,
with the original number being placed upon the replacement vehicle.
All applications for a license must be submitted to the Township Clerk
no later than the first day of February immediately preceding the
commencement of the new license term commencing on the first day of
April.
Application for a license shall be filed with the Township Clerk
upon forms provided by the municipality, and said application shall
be verified under oath and shall furnish the following:
A.
The name and address of the applicant; where the applicant is not
a natural person, the name and address of all owners or participants
in the ownership of the legal entity and all officers, directors or
others of like position, whatever their titles may be.
B.
The year, type and model of vehicle for which the license is desired.
C.
The normal passenger capacity of the vehicle.
D.
The ownership of the vehicle as indicated on the certificate of title,
and the name and address of any encumbrancer thereof.
E.
The serial and New Jersey registration numbers for the vehicle.
Each applicant or the principals thereof shall have his or her fingerprints taken by the municipal Police Department, or may have a copy of his or her fingerprints previously taken by another police department of the State of New Jersey forwarded to the Police Department of this municipality. The Police Department shall forward a copy of said fingerprints to the New Jersey State Police or other governmental agencies for a report as to any criminal record of the applicant. Upon receipt thereof, such report shall be forwarded forthwith to the Township Clerk. Any information pertaining to the applicant in the records of the Police Department at the time of the application or thereafter shall also be sent forthwith to the Township Clerk. In accordance with § 457-6, fingerprints of the applicant or the principals thereof shall not be required for consecutive renewal applications. However, the Police Department shall conduct an annual criminal background investigation of all applicants prior to the renewal of the licenses. The Police Department shall then recommend to the Township Council whether the license should be renewed. In addition, the Township Clerk may issue a temporary license to a person, firm, corporation or other entity for a period of 120 days upon completion of a satisfactory preliminary criminal background check to be conducted by the Township Police Department. Upon completion of said preliminary criminal background check, the Chief of Police shall advise the Township Clerk whether the temporary license may be issued. If the applicant requests a temporary license, the applicant shall pay the applicable license fee in advance which shall be forfeited in the event that the results of the criminal background check are unsatisfactory.
In order to ensure the safety of the public, it shall be unlawful
for the holder to operate or cause or permit a taxicab to be operated,
nor shall any license be issued hereunder until and unless the applicant
shall have complied with the provisions of N.J.S.A. 48:16-1 to 48:16-12
and the acts amendatory thereof or supplemental thereto; provided,
however, that an insurance policy of a company duly licensed to transact
business under the insurance laws of the state, conditioned for the
payment of a sum of not less than $100,000 to satisfy all claims for
damages, by reason of bodily injury to, or the death of, any one person,
resulting from an accident; and a sum of not less than $300,000 to
satisfy all claims for damages by reason of bodily injuries to, or
the death of, all persons, on account of any accident, by reason of
the ownership, operation, maintenance or use of such taxicab upon
any public street; and the sum of $50,000 to satisfy any claim for
damages to property, shall be requested as minimum coverage.
A.
The Township Clerk shall refer the application and all other material
received in connection therewith to the Township Council for approval.
The Township Council shall review and approve the same unless it finds
that the applicant is unfit to operate a public transportation service
or unwilling or unable to perform such service in accordance with
the provisions of this chapter and code. Conviction of a crime or
offense, excluding petty disorderly offenses and/or traffic violations,
shall constitute presumptively a lack of fitness, and other factors
to be considered for rejection of a license shall include but not
be limited to prior experience of the applicant in the area of public
transportation or in other areas of public service, complaints received
from the public as to the quality of service rendered by the applicant,
complaints from the Police Department or other enforcement officials
of the municipality as to the lack of cooperation on the part of the
applicant in furnishing transportation or other services to the public
or the furnishing of false information on the application or in connection
therewith.
B.
The license to be issued shall state the name and address of the
applicant, the date of issuance, the year, type and model of the vehicle
to be licensed, its serial and New Jersey registration numbers and
its normal passenger capacity.
C.
License renewal applications shall be treated in the same fashion
as original applications except that the fingerprints of the applicant
or principals thereof need not be taken except for any new principals.
The rules otherwise governing license applications and the issuance
of licenses shall apply to license renewals.
D.
A license may be transferred to another vehicle of the same owner
upon inspection by the Police Department or other enforcement personnel
of the municipality to ensure the safe operating and clean and sanitary
conditions of the proposed vehicle and upon filing proof of the approved
inspection and transfer application with the Township Clerk. The fee
for the transfer of license shall be $35.
A.
No taxicab license shall be assigned, mortgaged, pledged or otherwise
transferred to secure a debt, loan, advance or other financing transaction.
B.
Notwithstanding the foregoing, a bona fide sale for consideration
of any taxicab or vehicle for hire licensed hereunder shall be permitted,
provided the purchaser of same makes application for and receives
a new license in accordance herewith and provided that the sale of
such taxicab or vehicle for hire shall not result in a diminution
of service to the public.
The following regulations shall hereafter apply to all taxicabs
licensed or to be licensed hereafter in this municipality:
A.
The owner of each taxicab shall forthwith file with the Township
Clerk and the Chief of Police a typewritten or printed signed schedule
showing the dates, hours, locations and telephone numbers in this
Township at which the said taxicab will be on a recognized taxicab
stand, with a qualified operator, ready to serve the public, subject
to times when actually in service, i.e., making a call.
B.
Upon making application for a taxicab license or renewal thereof,
each applicant shall file with the application and as a part thereof
a new schedule as aforesaid in duplicate. Upon the granting of the
license, the Township Clerk shall forward a copy of the schedule to
the Chief of Police, together with any amendments to the schedule
imposed by the Township Council, if any, as described hereafter.
C.
Each licensed taxicab shall at all times, as set forth in its schedule,
be at its designated stand, with qualified operator, ready to serve
the public, subject to times actually in service, i.e., making a call.
D.
If during the licensed period any owner of such a licensed taxicab
shall find that it is impossible or impractical to comply with the
schedule such owner has filed, such owner shall immediately file a
written notice with the Township Clerk and the Chief of Police stating
when the taxicab went out of public service and the reason therefor,
such as damaged by accident, necessary repairs, inability to get competent
driver, illness of driver or whatsoever may be the reason for nonoperation
of the taxicab. Notwithstanding the written notice requirement set
forth above, verbal notice shall be given forthwith to the Police
Department with written notice in confirmation thereof to be furnished
within 24 hours thereof to the Township Clerk and Chief of Police.
When a taxicab is returned to public service, written notice thereof
shall be immediately filed by the owner with said Township Clerk and
Chief of Police. The Township Council shall review the number and
extent of the periods when each taxicab has been out of public service
during previous licensing periods when giving consideration to questions
of renewal or transfer of license.
E.
Within 45 days of the issuance or renewal of any taxicab license,
the owner shall commence to provide service with the vehicle licensed
and shall continue to provide service during the term of the license
in accordance with the schedule aforesaid. Failure to commence service
within 45 days shall constitute an automatic revocation of the license.
F.
Any person, firm, corporation or other entity holding or controlling
a taxicab license shall, as a condition thereof, provide service to
the public no less than 16 hours per day and six days per week, the
specific days and hours to be shown on the schedule aforesaid. In
addition, any person, firm, corporation or entity holding or controlling
two or more taxicab licenses shall cause at least one taxicab or vehicle
so licensed to be available for service to the public daily between
the hours of 6:00 p.m. and 8:00 a.m. All advertising contracted for
by the licensee after the effective date of this chapter shall contain
a suitable provision indicating to the public the availability required
aforesaid, furnishing a telephone number to be utilized to obtain
the service prescribed.
G.
All taxicabs waiting for passengers at the Toms River Bus Terminal
shall wait for passengers in a single line.
