Township of Ocean, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Ocean by Ord. No. 1974-5 (§§ 9A-1 to 9A-5 of the 1972 Ocean Codified Ordinances). Amendments noted where applicable.]
Licensing — See Ch. 215
Vehicles and traffic — See Ch. 385
As used in this chapter, the following terms shall have the meanings indicated:
The practice of driving about the streets of the Township with a taxicab so as to solicit passengers or to bring the presence of the taxicab to the attention of prospective passengers. A taxicab driving along the streets of this Township for any purpose other than transporting passenger to a definite destination by the most direct route in response to a call for a taxicab, or returning by the most direct route to the taxicab's home terminus or hack stand after discharging a passenger, or going to or from the terminus or hack stand to the driver's home by the direct route, shall be prima facie evidence of cruising.
Any person who drives a taxicab within this Township.
Of a taxicab shall consist of transporting for hire in a taxicab one or more persons along any of the streets in the Township. Accepting a passenger transported for hire within the Township from a point within the Township to point outside of the Township limits, or discharging a passenger transported for hire from a point outside the Township limits shall be deemed to be operation of a taxicab within the meaning hereof. The operation of a taxicab in any of the above described manners by a person other than the owner shall be deemed operation by the owner as well as by the person actually driving the taxicab. The transportation of any person other than the owner or driver in any motor vehicle bearing a sign therein or thereon using the words "taxi," "taxicab," "cab," or "hack" shall be prima facie evidence of operation.
Any person, corporation or association in whose name title to any taxicab is registered with the New Jersey Department of Motor Vehicles or who appears in such records to be the conditional vendee or lessee thereof.
Includes the plural as well as the singular, and artificial as well as natural persons.
Includes any automobile or motor car, 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 Township, and which accepts passengers or transportation from points or places to points or places within or without the Township.
As of May 9, 1974, no person shall operate any taxicab within this Township unless both the taxicab and the driver of it are licensed pursuant to this chapter and conform to all provisions thereof. Taxicab licenses which are not issued and outstanding shall remain effective until their respective expiration dates, and the taxicabs thereby licensed shall be deemed to be licensed pursuant to the terms of this chapter, until such licenses are surrendered, suspended or revoked or have expired, provided that in all other particulars, such taxicabs and their owners shall be subject to all the provisions of this chapter.
There are established two classes of taxicab licenses, to be known as "taxicab driver's license" and "taxicab owner's license," respectively.
A taxicab driver's license shall entitle the person named therein to operate within the Township any taxicab duly licensed hereunder until such license either expires or is surrendered, suspended or revoked, and shall not be transferable.
A taxicab owner's license shall entitle the taxicab therein described to be operated in the Township by a driver duly licensed hereunder until such license either expires or is surrendered, suspended or revoked and shall not be transferable.
Any license issued pursuant to the terms of this chapter shall expire at midnight, December 31, of the year in which it was issued unless sooner surrendered, suspended or revoked.
The number of any licenses of either class issued and outstanding at any one time shall not exceed such number as the Township Committee shall, in its discretion, from time to time, deem sufficiently adequate to serve public necessity and convenience.
Forms obtainable; design criteria. All applications for the issuance or renewal of any license of either class shall be made to the Township Committee in duplicate on forms adopted by the Committee and obtained from the Township Clerk and designed to elicit information respecting the identification, responsibility and law-abiding habits of the applicant.
Procedures; notification of Committee members; posting. Each applicant for a license of any class shall supply the information requested on the application in full and verify the correctness thereof by his/her oath or affirmation and thereafter file the completed applications with the Township Clerk together with the full amount of the proper fee fixed therefor; the Township Clerk shall thereupon notify each Committee member, in writing, of the name and address of the applicant and the type of license sought, and shall post notice of such application in at least one public place in the Township.
Photographs; fingerprinting; driver.
Each applicant for a taxicab driver's license shall file with his/her application two photographs, each 3 1/2 inches by 3 1/2 inches in size, clearly depicting the facial features of the applicant. Both photographs shall thereupon become the property of the Township and be retained with the application form unless the application shall be issued, in which event, one of the photographs shall be permanently affixed to the license card in a space provided thereon.
Every applicant for a taxicab driver's license shall, at the time of filing his/her application, be fingerprinted by the Police Department; an impression of his/her fingerprints shall thereupon be forwarded forthwith by the Police Department to the Bureau of Identification of the New Jersey State Police for report of the applicant's criminal record, which when received, shall be permanently affixed to the application before consideration thereof by the Township Committee.
Insurance policy owner. Every applicant for a taxicab owner's license shall together with his/her application submit an insurance policy of a company duly licensed to transact business under the insurance laws of this state, conditioned for the payment of 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; a sum of not less than $300,000 to satisfy all claims for damages by reason of the bodily injuries to, or the death of, all persons, on account of any such accident; the payment of a sum not less than $50,000 to satisfy any claim for damages to property of any one person, resulting from an accident; and a sum not less than $50,000 to satisfy all claims for damages to property of all persons, on account of any such accident, by reason of the ownership, operation, maintenance, or use of such autocab upon any public street.
The annual fee for each taxicab driver's license hereafter issued or any renewal thereof shall be $5 for each year or portion of a year for which the license is issued or renewed, and the annual fee for each taxicab owner's license issued or renewed shall be $25 for each year or portion of a year for which the license is issued or renewed. Such fees shall not be prorated nor any part thereof refunded for any reason except that, upon the denial of an application for issuance or renewal of license by the Township Committee, 90% of the fee deposited shall be refunded to the applicant and 10% shall be retained by the Township as compensation for investigation of the application.
The Township Committee may, in its discretion, refuse to issue or renew or may, after notice and hearing, revoke or suspend:
Any license of either class if the applicant for the license has been once convicted of crime in this or any other jurisdiction, or convicted of being a disorderly person, or of a violation of N.J.S.A. 39, Motor Vehicles and Traffic Regulation, or who violates any provision of this chapter, or has any judgment unsatisfied of record against him/her arising out of an automobile accident, or who has made false answers in his/her application for such license or any renewal thereof, or who has failed or fails to render reasonably prompt, safe and adequate taxicab service or who has not complied fully with all requirements of this chapter for such class of license.
Any taxicab driver's license if the licensee or applicant has in any degree contributed to any injury to person or damage to property arising out of negligent operation of motor vehicle, or has any communicable or contagious disease.
Any taxicab owner's license if the motor vehicle licensed or to be licensed is by reason of unsafe or unsanitary condition, dangerous to the safety or health of the occupants or others, or if the policy or insurance required herein has once lapsed, or such coverage not maintained at all times.
Each applicant granted taxicab driver's license shall be issued a license card in evidence thereof in a form approved by Township Committee and signed by the Township Clerk in its behalf. Such license card shall at all times be prominently displayed and adequately protected in the interior of any taxicab operated by the licensee, so that the face thereof shall be at all times in full view of and plainly legible to any passenger seated in the rear seat of such taxicab. The license card shall at all times be and remain the property of the Township and at the directions of the Township Committee shall at any time be surrendered to the Township Clerk.
No taxicab driver's license card other than that of the licensee actually operating the cab at the time shall be displayed therein.
No taxicab shall hereafter be operated in the Township unless and until there is prominently displayed in the interior thereof within the full view and access of any passengers therein, a complete list of fares, charges or tariff rates for transportation of passengers. The fares, charges or tariff rates so displayed, and no other, shall be those charged any passengers so transported.
Every taxicab so licensed shall have painted on both sides thereof the words "taxi" or "cab" in letters at least six inches high or the name of the operating owner containing the words "taxi," "cab" or "taxicab" or an electric sign affixed to the top of the motor vehicle in clear view from all sides bearing the words "taxi," "cab" or "taxicab."
The owner of each taxicab so licensed 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 discharge of the passenger, the number of passengers carried, the fare received, distance carried, a statement of receipts and expenditures and the taxicab driver's license number of the person driving the cab on the trip. Such records shall be subject to inspection by the Police Department of the Township or the Township Committee at their discretion. There shall also be reported to the Township Clerk the happening of an accident involving such taxicab or the loss of property left in the taxicab by a passenger within 24 hours after such event.
The owner and operator of each taxicab operating in the Township shall keep his/her taxicab in good running order so that it makes a presentable appearance and affords comfortable safe rides to passengers, free from mechanical defects, loose fenders, dents, loose doors, broken or soiled upholstery and broken or cracked glass. The owner and operator of each taxicab operating in the Township shall present his/her taxicab to the Chief of Police or other designated officer prior to the issuance or renewal of his/her license and thereafter upon request of the Chief of Police, or other designated officers, so that it may be inspected to determine whether it complies with the provisions of this chapter.
The operator of each taxicab shall at all times have available a suitable cash receipt book to write out, sign, and give to any passenger requesting it, a written receipt in the amount of the fare paid.
The Township Committee shall have the right, pursuant hereto, to adopt resolutions establishing zones or districts within the Township limits, as it may from time to time deem desirable or necessary, for the purpose of prescribing or fixing maximum or minimum charges which may be made within the area or within the districts for such taxicab service.
In addition, the Township Committee may, by resolution, make such general rules and regulations and such special findings and rulings as may be necessary for the proper regulation and control of the operation of taxicabs in the Township and enforcement of this chapter, in addition thereto and not inconsistent therewith, and may alter, amend, repeal and publish them from time to time.
The violation by the taxicab owner or the taxicab driver of any rules, regulations, special findings and rulings which are hereafter promulgated by the Township Committee and included within a resolution or resolutions adopted by the Committee, shall be sufficient cause for revocation of any license granted to such taxicab owner or taxicab driver pursuant to this chapter and shall be sufficient cause for the refusal by the Township Committee to renew such license in addition to any and all other grounds heretofore specifically mentioned in this chapter.