[HISTORY: Adopted by the City Council of
the City of Long Branch 1-26-1971 by Ord. No. 590 as Ch. X of the 1971 Code.
Amendments noted where applicable.]
[1]
Editor's Note: The general power to license
and to prescribe license fees is contained in N.J.S.A. 40:52-1 and
40:52-2. Licensing is also a part of the general police power granted
by N.J.S.A. 40:69A-29 and 40:69A-30. Taxicabs must comply with the
requirements of N.J.S.A. 48:16-1 et seq.
As used in this chapter, the following terms
shall have the meanings indicated:
As used in this chapter, the following terms shall have the
meanings indicated:
The driving of an empty taxicab to and fro along a public
street at a slow rate of speed for the obvious purpose of soliciting
passengers. Only taxicabs licensed in the City of Long Branch shall
be allowed to cruise for fares in the City of Long Branch.
[Amended 6-24-2014 by Ord. No. 17-14]
A section of a public street or public place set apart for
the exclusive use of a limited number of taxicabs when the section
is distinctly marked as such by a metal sign on the curb or other
conspicuous place or by clearly visible marks upon a surface of the
street or public place.
[Amended 6-24-2014 by Ord. No. 17-14]
Any automobile, taxicab or other vehicle propelled by mechanical
motor power engaged in the business of the transportation of passengers
for hire or pay within the city, either operated from stands in the
streets or on telephone calls to garages or in any other manner.
A.
Licensing of taxicabs shall be by the City Council,
and licenses shall be issued by the City Clerk. All fees received
for licenses issued under this section shall be paid to the City Clerk.
B.
The regulating and inspection of taxicabs, the examination
of applicants for license to own and operate taxicabs, the licensing
of drivers and the enforcement of the provisions of this chapter shall
be under the control of the Police Chief.
[Amended 3-27-2018 by Ord. No. 2-18]
C.
The Police Chief is authorized and empowered to establish
reasonable rules and regulations for the inspection of taxicabs and
requirements for construction and condition of fitness for the safe
and adequate transportation of passengers and the general cleanliness
of taxicabs.
[Amended 3-27-2018 by Ord. No. 2-18]
A.
Required. No person shall hire out, keep or use for
hire or pay or cause to be kept or used for hire or pay any taxicab
within the City without first having obtained a license for the purpose.
B.
Application.
(1)
Application shall be made by the owner, lessee or bailee upon blank forms to be furnished by the City Clerk. The application shall contain the full name and address of the owner, lessee or bailee and the applicant, the year, type and model of vehicle for which the license is desired, the rate to be charged and the number of persons it is capable of carrying and shall be accompanied by the fee specified in Subsection C.
(2)
The City Council shall schedule a hearing on the application,
at which all interested persons may appear and be heard.
(3)
The issuance of taxi medallions is increased to 100.
Sales of said medallion licenses shall be by the direction of the
Director of Public Safety by public bid. Said public bidding shall
be conducted by the Clerk of the City of Long Branch, and the Director
of Public Safety shall direct the Clerk as to the minimum bid required.
The bidding process shall include the deposit by the prospective purchaser
of each medallion to a deposit of 10% of the bid price, with a closing
to take place with the balance of payment and the delivery of the
medallion purchased within 14 days of the date of the auction. If
the purchaser shall fail to complete the transaction within seven
days, 14 days being time of the essence, then, in that event, the
purchaser shall forfeit the said medallion and it shall be re-auctioned
at a later date. The Director of Public Safety shall further have
the discretion to list the number of licenses authorized to be sold
at any one time and shall have the sole discretion to determine the
initial bid price. Should there be no bidding on the license, it shall
be within the discretion of the Director of Public Safety to set the
price at another auction.[1]
[Amended 3-22-1977 by Ord. No. 866; 6-24-2014 by Ord. No.
17-14]
[1]
Editor's Note: See also Ord. No. 20-14, adopted 9-9-2014,
on file in the City offices, which authorizes the sale of 20 taxicab
medallions at auction and outlines the terms and conditions of such
auction.
C.
The fee for each taxicab shall be $150 annually, beginning
on the first day of January, which fee is imposed for revenue.
[Amended 4-10-1973 by Ord. No. 686; 12-14-2010 by Ord. No.
22-10; 6-24-2014 by Ord. No. 17-14]
D.
Inspection of vehicles.
(1)
No vehicle covered by the terms of this chapter shall
be licensed until it has been thoroughly and carefully inspected and
examined by the Police Department and found to be in a thoroughly
safe condition for the transportation of passengers.
(2)
There must be submitted with the application for a
license to own or operate a taxicab a certificate from the Police
Department that the taxicab is in a clean, sanitary and safe condition
for the transportation of passengers, which certificate shall contain
the state license number of the vehicle. Side curtains or shades shall
not be permitted on any vehicle.
[Amended 3-27-2018 by Ord. No. 2-18]
(3)
There shall be an inspection fee of $80 for the inspection or reinspection
of any taxi.
[Added 6-24-2014 by Ord. No. 17-14; amended 11-24-2020 by Ord. No.
25-20]
E.
Issuance of license.
(1)
Upon approval and granting of a license by the City
Council for the operation of a taxicab within the City, the Police
Department shall provide the licensee with a card containing the name
of the applicant, a front straight view photograph of the applicant,
the City license number and a notice that in case of any complaint
the Department shall be notified of the same. The signature of the
Chief of Police shall appear on the license. The Police Department
shall furnish a rate card which bears the license number of the vehicle
and the rates of fares under which the taxicab is operated, and which
rate card shall be posted in each cab so as to clearly be visible
to the passenger in the rear seat. The rate card shall also state
that the passenger or passengers from the same household, or who are
traveling together or as a party, who first occupy a taxicab, are
required to consent to the taxicab being occupied by other passengers.
[Amended 1-11-1977 by Ord. No. 861; 3-27-2018 by Ord. No. 2-18]
(2)
Each licensee, every two years from the date of the
issuance of a license, shall be required to resubmit to a fingerprint
and records check by the Police Department and pay a fee in accordance
with the fee schedule set by the New Jersey State Police. Upon receipt
of the background information, the Police Chief shall be authorized
to reissue a license. In the event that the Police Chief feels that
there are just reasons for denying the taxicab license, the Police
Chief shall notify the taxicab license holder (licensee), who shall
have the right to have a hearing before the Council of the City of
Long Branch upon 30 days' written notice.
[Added 12-26-1995 by Ord. No. 49-95;
amended 3-27-2018 by Ord. No. 2-18]
F.
Transfer of license.
[Amended 6-24-2014 by Ord. No. 17-14]
(1)
The taxicab must be registered in the State of New Jersey to the medallion owner or, if leased, registered to the lessee. There shall be no subleasing of licenses authorized by this subsection. Any vehicle which is found to be subleased shall be subject to penalties which could be imposed under § 308-11.
(2)
The license transfer fee shall be increased to $100. All transfers
must have a complete background check and investigation by the Police
Department, with all fees being paid by the applicant upon obtaining
City Council approval.
G.
Insurance required. In order to ensure the safety of the public,
it shall be unlawful for the owner to operate a taxicab or cause or
permit a taxicab to be operated, nor shall any license be issued,
until the applicant has presented proof and maintains himself or herself
that he or she has a minimum of $100,000 of liability insurance from
an insurance company licensed and regulated by the State of New Jersey.
[Amended 6-24-2014 by Ord. No. 17-14]
H.
Insurance required. In order to ensure the safety
of the public, it shall be unlawful for the owner to operate or cause
or permit a taxicab to be operated, nor shall any license be issued,
until and unless the applicant has complied with the provisions of
N.J.S.A. 48:16-1.
I.
Supervision by police.
(1)
The Police Department shall keep a register of the
name of each person owning or operating a vehicle licensed under this
chapter, together with the license number and the make and description
of each vehicle, with the date and complete record of inspection made
of it.
(2)
The Police Department shall maintain constant vigilance
over all taxicabs to see that they are kept clean and in a condition
of safety for the transportation of passengers, and to this end shall
have the right at any and all times to inspect any and all licensed
vehicles, and shall maintain a record of all inspections.
(3)
In the event that the City taxi is involved in a serious/fatal motor
vehicle accident within the City limits, it shall be brought to the
police traffic garage for a full inspection and kept for a reasonable
period of time to allow for the investigation of the accident.
[Added 6-24-2014 by Ord. No. 17-14]
J.
Licenses may be revoked or suspended at any time after hearing for:
[Amended 3-27-2018 by Ord. No. 2-18]
(1)
By the City Council if a vehicle is not clean and safe condition
for the transportation of passengers and kept in conformity with the
terms of this chapter or any of the rules and regulations made by
the Council.
(2)
If during the license period, licensee has been convicted of a crime which violates any provision of Chapter 308, or driving while intoxicated/under the influence, or reckless driving, or has any judgment unsatisfied or record against him arising out of an automobile accident, or who has made false answers in his application for such license or any renewal thereof, 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.
(3)
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 a motor vehicle.
(4)
Any taxicab owner's license if the motor vehicle licensed or to be
licensed, by reasons of unsafe or unsanitary conditions, is dangerous
to the safety or health of the occupants of others.
(5)
Except in cases where there is a risk of substantial harm to the
public, no denial, revocation, or suspension of any license shall
take effect unless, or until, the licensee has had an opportunity
for a hearing before the governing body. In the event that the Clerk,
or the Chief of Police, determine that a license should be denied,
revoked, or suspended, the applicant or licensee shall be notified
of their right to a hearing before the governing body, which hearing
shall be scheduled within 30 days of such determination, unless waived
by the applicant or licensee. Where there is a reasonable basis to
believe that the public is placed at risk of substantial harm, the
City Clerk and/or the Chief of Police may impose a temporary suspension
of such license pending a hearing before the governing body, which
shall be scheduled as soon as possible, but no later than 30 days
after such suspension.
A.
Application. Each applicant for a driver's license
shall conform to the following regulations:
(1)
Be a resident of the State of New Jersey for one year
or more; be a minimum of 21 years of age and present evidence, satisfactory
to the Police Department, of at least one year licensed automobile
driving with a New Jersey driver's license with no more than six points.
[Amended 7-10-1979 by Ord. No. 954; 6-24-2014 by Ord. No.
17-14; 3-27-2018 by Ord. No. 2-18]
(2)
Present the certificate of a reputable physician showing
that he has been examined within 60 days and that he is of sound physique,
with good eyesight and not subject to epilepsy, vertigo, heart trouble
or other infirmity of body or mind which might render him unfit for
the safe operation of a taxicab.
(3)
Present proof of either United States citizenship,
a valid visa, or working permit from the United States government.
[Amended 4-23-2002 by Ord. No. 8-02]
(4)
Has not been convicted of any of the following crimes:
[Amended 5-26-1992 by Ord. No. 62-92; 5-24-2005 by Ord. No.
15-05; 9-13-2016 by Ord. No. 24-16]
(a)
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 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.
(b)
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(4)(a) of this subsection.
(c)
If a person who has been convicted of one of the crimes enumerated
in 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 certification from the jurisdiction
where the criminal offense occurred, the criminal offense shall not
disqualify the applicant from operating or driving an autocab.
(d)
The provisions of this subsection shall not apply to an operator
of an autocab who has received the consent to operate in the City
prior to November 29, 2011.
(5)
Not be addicted to the use of narcotics or intoxicating
liquors.
(6)
Produce, on forms provided by the Police Department,
affidavits of his good character from at least two reputable citizens
who have known him personally and a further testimonial on a form
provided for that purpose from his last employer, unless in the estimation
of the Department sufficient reason is given for its omission.
[Amended 3-27-2018 by Ord. No. 2-18]
(7)
Fill out, on a form provided by the Police Department,
full name, residence, telephone number, email address, places of residence
for the preceding five years, age, height, color of eyes and hair,
place of birth, previous employment, whether married or single, whether
he/she has ever been convicted of a high misdemeanor, misdemeanor
or a violation of this chapter and whether their license has ever
been revoked and if so for what cause, which statement shall be signed
and sworn to by the applicant and filed in the Department as a permanent
record. The applicant shall also furnish four copies of a front-view
photograph, size two inches by two inches.
[Amended 11-24-2020 by Ord. No. 25-20]
(8)
Be fingerprinted under the direction of the Police
Chief and pay a fee in accordance with the fee schedule set by the
New Jersey State Police.[1] The fee will be used to pay the Division of State Police
Bureau of Identification for a complete and thorough history check
using the fingerprints, and the applicant shall pay any other fees
in accordance with such investigation as directed by the State of
New Jersey pursuant to N.J.S.A. 53:1-20.6A as are applicable at the
time of application.
[Amended 5-26-1992 by Ord. No. 62-92; 9-8-1994 by Ord. No. 34-94; 4-13-2004 by Ord. No. 9-04; 3-27-2018 by Ord. No. 2-18]
[1]
Editor's Note: Ord. No. 9-04, adopted 4-13-2004,
also states that: "at the present time the actual cost of state and
federal fingerprinting is $54, which is payable by money order to
the New Jersey State Police."
B.
Fees. The initial license fee for the driver of a taxicab shall be $75, and a renewal shall be $50 for each year or part thereof, $12 of which is to pay for the criminal history check required in Subsection A(8).
[Amended 5-26-1992 by Ord. No. 62-92; 10-27-1998 by Ord. No.
36-98; 6-24-2014 by Ord. No. 17-14]
C.
Taxicab pickup and dropoff points throughout the City will be designated
by the Traffic Department.
[Amended 6-24-2014 by Ord. No. 17-14]
D.
There will be a fine of $50 for parking in a taxicab pickup or dropoff
point.
[Amended 6-24-2014 by Ord. No. 17-14]
E.
Any taxicab stand paid for in the year 2014 shall be valid until
December 31, 2014.
[Added 6-24-2014 by Ord. No. 17-14]
[Amended 4-11-1990 by Ord. No. 11-90]
A.
Establishment of stands.
(1)
The Director of the Department of Public Safety may
establish taxicab stands with telephone connection to certain taxicab
companies when in his judgment that course is necessary, and the continuance
of the taxicab stands shall be subject to his approval.
(2)
Where the Director of the Department of Public Safety
has given permission to a certain taxicab company for a taxicab stand
with telephone connection, no other taxicab driver, other than a driver
for the company which has been assigned that stand, shall use this
stand or make any calls over his private telephone, under penalty
of suspension or revocation of the offender's driver's license.
B.
Fees. The City shall charge a fee of $25 for each
taxicab parking space assigned in the street, renewable on an annual
basis of $25 dollars per year.
[Amended 4-10-1973 by Ord. No. 686]
C.
Location of stands. The current locations of existing
taxicab stands approved by the Director of Public Safety are as follows:
(1)
The west side of Long Branch Avenue, beginning at
a point 35 feet south of the southerly curbline of Seaview Avenue
and extending 50 feet southerly therefrom.
(2)
The west side of Third Avenue, beginning at a point
35 feet north of the northerly curbline of Broadway and extending
75 feet northerly therefrom.
(3)
The east side of Third Avenue, beginning at a point
35 feet north of the northerly curbline of Broadway and extending
50 feet northerly therefrom.
D.
Prohibited acts. No person shall at any time park
a motor vehicle in any taxicab stand.
[Amended 5-10-1990 by Ord. No. 15-90]
A.
Zones established. The city, for the purpose of establishing
taxicab rates, shall be divided into five zones.
(1)
Zone 1 shall include all that area north of Joline
Avenue, from the Atlantic Ocean to the West Long Branch boundary.
(2)
Zone 2 shall include all that area south of Joline
Avenue to Broadway from the Atlantic Ocean to the West Long Branch
boundary.
(3)
Zone 3 shall include all that area south of Broadway
and north of Cedar Avenue, bounded on the east by the Atlantic Ocean
and on the west by the Borough of West Long Branch.
(4)
Zone 4 shall include all that area south of Cedar
Avenue to Park Avenue, which extends from Norwood Avenue to Cedar
Avenue, bounded by the Atlantic Ocean on the east and the Borough
of West Long Branch on the west.
(5)
Zone 5 shall include all that area south of Park Avenue,
which extends from Norwood Avenue to Ocean Avenue, bounded by the
Atlantic Ocean on the east and by the Borough of West Long Branch
and Ocean Township on the west and the Borough of Deal on the south.
B.
Rates established. The price that shall be charged
by the owner or driver shall be as follows:
[Amended 10-27-1998 by Ord. No. 36-98; 7-10-2007 by Ord. No.
27-07]
(1)
To or from any place in Zone 1, $5 for one passenger
and $1 for each additional passenger from the same household, including
all persons over the age of five years.
[Amended 6-24-2014 by Ord. No. 17-14; 11-24-2020 by Ord. No. 25-20]
(2)
To or from any place in Zone 1 to Zone 2, or Zone
2 to Zone 1, $6 for one passenger and $1 for each additional passenger
from the same household, including all persons over the age of five
years.
[Amended 6-24-2014 by Ord. No. 17-14; 11-24-2020 by Ord. No. 25-20]
(3)
To or from any place in Zone 1 to Zone 3, or Zone
3 to Zone 1, $7 for one passenger and $1 for each additional passenger
from the same household, including all persons over the age of five
years.
[Amended 6-24-2014 by Ord. No. 17-14; 11-24-2020 by Ord. No. 25-20]
(4)
To or from any place in Zone 1 to Zone 4, or Zone
4 to Zone 1, $8 for one passenger and $1 for each additional passenger
from the same household, including all persons over the age of five
years.
[Amended 6-24-2014 by Ord. No. 17-14; 11-24-2020 by Ord. No. 25-20]
(5)
To or from any place in Zone 1 to Zone 5, or Zone
5 to Zone 1, $9 for one passenger and $1 for each additional passenger
from the same household, including all persons over the age of five
years.
[Amended 6-24-2014 by Ord. No. 17-14; 11-24-2020 by Ord. No. 25-20]
(6)
Except as otherwise specified herein, to or from any
place in Zone 2, $4 for one passenger and $1 for each additional passenger
from the household.
[Amended 11-24-2020 by Ord. No. 25-20]
(7)
Unless as otherwise specified herein, to or from any
place in Zone 3, $5 for one passenger and $1 for each additional passenger
from the same household.
[Amended 11-24-2020 by Ord. No. 25-20]
(8)
Except as otherwise specified herein, to or from any
place in Zone 4, $5 for one passenger and $1 for each additional passenger
from the same household.
[Amended 11-24-2020 by Ord. No. 25-20]
(9)
Except as otherwise specified herein, to or from any
place in Zone 5, $5 for one passenger and $1 for each additional passenger
from the same household.
[Amended 11-24-2020 by Ord. No. 25-20]
(10)
Notwithstanding anything set forth hereinabove, the
charge for any senior citizen within any Zone shall be $3.
[Amended 11-24-2020 by Ord. No. 25-20]
(11)
There shall be no charge for luggage, bags or other
similar items commonly used for carrying or transporting other items,
and the owner or driver is required to have the trunk of the taxicab
fully available for storage and/or the carrying of luggage, bags or
other similar items commonly used for carrying or transporting other
items. However, if said luggage or bags do not fit within the trunk
of the taxicab and are required to be placed in the taxicab itself,
an additional charge of $0.50 shall be added to the total cost.
A.
Soliciting prohibited. No taxicab, while waiting for
employment by passengers, shall stand on any public street or space
other than at or upon a taxicab stand designated or established in
accordance with this chapter, nor shall any driver of a taxicab seek
employment by repeatedly and persistently driving his taxicab to and
fro in a short space before or otherwise interfering with the proper
and orderly access to or egress from any theater, hall, hotel, public
resort, railway station or other place of public gathering; and no
driver shall solicit passengers for a taxicab.
B.
Lost property. Every driver of a taxicab, immediately
after the termination of any hiring or employment, shall carefully
search his taxicab for any property lost or left therein, and any
property, unless sooner claimed or delivered to the owner, must be
reported, in writing, by the driver or owner of the taxicab to the
Police Department, with brief particulars and a description of the
property, within 24 hours after the finding.
C.
General regulations.
(1)
Every taxicab shall have a permanent illuminated taxi
sign and be plainly marked as a taxicab.
(2)
Every taxicab owner shall operate and render service
at least 16 hours every day of the week.
(3)
Every taxicab owner shall operate his business from
an established place and shall maintain an office with a telephone.
[Amended 6-24-2014 by Ord. No. 17-14]
No taxicab shall be operated upon the streets of the City at
any time without displaying a card, placed in a manner so as to be
conveniently read by any passenger, containing the maximum rates of
fare to be charged, the name and license number of the licensee and
the name, address and front straight view photograph of the driver
of the taxicab. Fare cards/fare stickers will be placed on the passenger's
rear door glass on the interior and exterior of the vehicle.
[Added 4-10-1973 by Ord. No. 686; amended 6-24-2014 by Ord. No.
17-14]
A.
Every licensed City taxi shall have the company name on the driver's
side, passenger side and rear of the vehicle, along with the car number.
The lettering must be three inches or greater in size.
B.
All car numbers must be the same as the medallion number. Medallion
numbers may be adjusted as needed by the Director of Public Safety.
C.
Any medallion owners who have been found guilty of repetitive violations
(three or more) within one calendar year shall be subject to suspension
or revocation and provided with a hearing within 30 days before the
City Council.
[Amended 3-27-2018 by Ord. No. 2-18]
[Added 5-26-1987 by Ord. No. 1348]
All taxicabs shall be equipped with two flashing
devices for the purpose of warning the operators of other vehicles
and law enforcement officials that an emergency situation exists within
the taxicab. These devices shall be capable of activation by the operator
of the taxicab and shall be of a type approved by the New Jersey Division
of Motor Vehicles, as required by N.J.S.A. 39:3-54b. They shall be
mounted one beneath the front bumper and one under the rear guard
of the taxicab and shall display flashing red lights which shine on
the roadway under the vehicle.
[Added 4-10-1973 by Ord. No. 686; amended 6-24-2014 by Ord. No.
17-14]
E.
Any taxi found to be operating in an unsafe condition two or more
times in a calendar year shall subject the taxi license/medallion
to being revoked. In the event that such a penalty is imposed on the
owner or licensee of a taxi, and such person is subject to such penalty,
a hearing shall be provided to the taxi owner at his/her request before
the Council of the City of Long Branch.
F.
Any taxi involved in a serious/fatal motor vehicle accident within
the City limits which was being operated with the vehicle components
in an unsafe condition shall subject the license/medallion to suspension
or revocation. Such potential penalty shall allow the owner/operator
to seek a hearing before the Council of the City of Long Branch to
determine the appropriateness of any proposed penalty.
G.
Any taxi found to have fictitious documents, stickers, or any writing
shall have the license/medallion subject to permanent revocation or
suspension, which potential suspension shall allow the owner/operator
to seek a hearing before the Council of the City of Long Branch.
H.
Any licensee/medallion which is leased and found in violation of
any of the provisions of this section shall be deemed to have notice
of any violation and notice of any potential hearing through certified
mail to the medallion owner at the address provided by the owner to
the City Clerk of the City of Long Branch.
I.
Any medallion owners who have been found guilty of repetitive violations
(three or more) within one calendar year shall be subject to suspension
or revocation pending a hearing within 30 days before the City Council.
[Amended 3-27-2018 by Ord. No. 2-18]
