[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 2001-09 (Sec. 4-19 of the 1974 Code)]
Ordinance No. 2001-02 establishing and regulating taxicabs in the Borough of Bradley Beach is hereby repealed.
The Mayor and Council find that the needs of Borough residents are being adequately served by the existing taxi service from adjacent towns.
The Mayor and Council hereby prohibit the licensing of taxicabs in the Borough, and it shall not be permitted for anyone to operate a taxi business in the Borough. The Borough prohibits any taxi licensed in any other municipality from cruising public streets to solicit passengers. The Borough also prohibits taxi operators from parking on streets in the Borough in an effort to attract patrons. Nothing in this section, however, shall prohibit a taxi from entering the Borough to pick up patrons in reply to a telephone call or a request for taxi service in the Borough.
[Adopted 6-24-2008 by Ord. No. 2008-8]
As used in this article, the following terms shall have the meanings indicated:
- Any person who drives a pedicab within this Borough.
- OPERATION OF A PEDICAB
- Consists of transporting in such pedicab one or more persons for hire. Being parked on the Borough of Bradley Beach streets or accepting a passenger to be transported for hire from a point of departure within the Borough shall be deemed to be operation of a pedicab within the Borough. The operation of a pedicab in any of the above-described manners by one other than the owner shall be deemed operation by the owner thereof, as well as by the person actually driving the same. 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 pedicab or who appears in such records to be the conditional vendee or lessee thereof, or the owner of any pedicab or any person who appears to be the conditional vendee or lessee thereof.
- A bicycle-like vehicle that is designed to be propelled by human power, has three or more wheels, and is designed to accommodate passengers in addition to the driver, and is operated for hire.
- For purposes of ownership, operation or lease of a pedicab, as an individual (or two or more individuals related by blood, adoption, or familial ties), partnership, association, corporation and/or joint-stock company, their lessees, trustees or receivers appointed by any court whatsoever, or any entity in which an individual, corporation, or partnership holds more than a fifty-one-percent interest.
No person shall operate any pedicab within the Borough unless both the owner of the pedicab and driver thereof are licensed pursuant to this article.
There are hereby established the following classes of pedicab licenses in the Borough as follows:
Pedicab driver's license. This license shall entitle the person named therein to operate within this Borough any pedicab duly licensed hereunder.
Pedicab owner's license. This license shall entitle the pedicab therein described to be operated in this Borough by a driver duly licensed hereunder.
Pedicab driver's licenses. The number of pedicab driver's licenses under this article to be issued and outstanding in any one year shall be unlimited.
Total number of pedicabs. The total number of pedicabs permitted to be licensed under this article, in any one year, shall not exceed 20, all or part of which shall be available to any person holding a pedicab owner's license.
Driver's license. Any driver's license issued pursuant to the terms of this article shall expire at 12:00 midnight on December 31 of the year in which it was issued, and shall not be transferable.
Owner's license. Any owner's license issued pursuant to the terms of this article shall expire at 12:00 midnight on December 31 of the year in which it was issued, and may be transferable to a related business entity, such as in the case of a change in the form of a business entity or the purchaser or sale of all or part of a business entity, provided that the new owner complies with § 415-9 Applications for licenses, and § 415-10, Fees.
Application form. Each applicant for the issuance or renewal of a license of either an owner's or driver's license shall supply in full the information required on application forms adopted by the Borough Council and obtained from the Department of Code Enforcement and shall verify the correctness thereof of his/her oath or affirmation. He/she shall file the completed application with the Department of Code Enforcement, together with the full amount of the proper fee hereinafter fixed.
Applications for pedicab owner's licenses.
Applications. Applications for new pedicab owner's licenses shall be filed with the Department of Code Enforcement no later than 30 days prior to the date action is requested on the license application from the Borough Council. If the maximum number of pedicab owner's licenses have been issued, no new licenses shall be approved before an existing license is surrendered to the Department of Code Enforcement.
Renewals. Applications for pedicab owner's license renewals shall be filed with the Department of Code Enforcement no sooner than November 1 and no later than December 1 of the year preceding the year for which application is being made. All applications for renewals shall be acted upon prior to any consideration being given to new applications which shall be considered in the order of their filing with the Department of Code Enforcement on a first-come-first-served basis. Any application for renewal received after December 1 of any year shall be treated as an application for a new license.
Pedicab insurance requirements. Each applicant for a pedicab owner's license shall, together with his/her application, submit the insurance policy, or certificate in lieu thereof, in the amount of $100,000 and the owner shall indemnify the Borough, its officers, agents or employees, from any and all loss, costs, damages and/or expenses suffered by any person or to any property arising from the owner's negligence.
Applications for pedicab driver's licenses. Applications for pedicab driver's licenses may be made at any time but no one shall drive or operate a pedicab in the Borough until a proper license for each particular year has been issued.
Prorating and/or refunds. No fees shall be prorated nor any part thereof refunded for any reason.
Display of license.
Display of driver's license. The license card issued to a pedicab driver upon granting of his/her license shall have affixed to it one of the two photographs required to be filed with the license application, as provided in § 415-9D. Such license card shall at all times be prominently displayed and adequately protected in the interior of any pedicab 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 on the rear seat of such pedicab. The license card shall at all times be and remain the property of the Borough and, on direction of the Borough Council, shall at once be surrendered to the Borough Clerk. No pedicab driver's license card other than that of the licensee actually operating the cab at the time shall be displayed therein.
Display of owner's license. A license card shall be issued to a pedicab owner upon granting of his/her license. The pedicab owner shall affix to each pedicab licensed to operate in the Borough an identification badge, decal or other signage (identification) as issued by the Borough and in such a manner as directed by the Borough. The license card and identification shall at all times be and remain the property of the Borough and on direction of the Borough Clerk shall at once be surrendered to the Borough Clerk.
Rate and tariff listing. No pedicab shall hereafter be operated in the Borough unless and until there is prominently displayed in the interior thereof, within the full view and access of any passengers, a complete list of fares, charges or tariff rates charged for transportation of passengers, which fares, charges of tariff rates so displayed, and no other, shall be those to be charged any passenger.
Pedicab lettering/signage. Every licensed pedicab shall have the words "taxi" or "pedicab" or the name of the operating owner containing the words "taxi," "cab" or "pedicab" prominently displayed on the pedicab.
Rates of fare. The rate of fare to be charged within the Borough limits for one passenger for a trip from one place to another within the Borough or for two or more passengers going to the same destination from the same place of origin shall be set by resolution.
Use of horns and other audible devices. No operator of any pedicab, whether licensed or not by the Borough of Bradley Beach, shall use a horn, siren, whistle, bell or other device capable of emitting audible sound in order to pick up customers, or hawk, sell or otherwise advertise his/her services.
Regulations for pedicabs.
No person shall operate any pedicab upon the street in the Borough unless that person has a valid pedicab driver's license issued pursuant to this article.
No person shall operate any pedicab upon the street in the Borough unless that person has a valid license to operate a motor vehicle.
Pedicab operators must be 18 years of age or older.
Number of passengers. The number of passengers, excluding the driver, shall be limited at any one time to a maximum of three passengers but in no event shall it exceed the designed capacity of the pedicab.
Equipment. No person shall operate a pedicab in the Borough of Bradley Beach unless it is equipped with the following features:
Operational headlights and taillights. (To be operated at all times the pedicab is operated on the roadways.)
Rear and side reflective devices.
An operational braking system.
Audible warning devices, such as a horn or a bell.
Tires having tread depth sufficient to be designated as operationally safe.
Painted a light color to ensure it is discernible to other traffic.
A two-way radio or similar communication device.
The pedicab shall be inspected by the Police Department prior to the issuance of a permit to operate within the Borough of Bradley Beach. If the pedicab is determined to be unsafe or not equipped properly, the owner shall be notified. No permit shall be issued for a pedicab that is found to be unsafe.
If at any time, after the issuance of a permit, a pedicab is determined to be unsafe it shall be taken out of service until such a time that the Police Department has determined that it has been repaired and is sufficiently safe to be returned to full service.
Taxicab stands. Pedicabs may use the taxicab stands established under this chapter, subject to the same conditions as taxicabs.
Compliance with other laws. All pedicab drivers and owners shall comply with Title 48, Public Utilities, Chapter 16, Taxicabs, Autocabs, Limousines and Jitneys, of the Statutes of New Jersey, and Title 39, Motor Vehicles and Traffic Regulation, of the Statutes of New Jersey or similar law, rule or regulation.
License of either class. Any license of either class, being an owner's or driver's license, or renewal thereof may be denied, revoked or suspended if any applicant or licensee:
Has any judgment unsatisfied of record against him or her arising out of an automobile accident in any place, or arising out of the operation of a pedicab in the Borough of Bradley Beach or any other place.
Failed or fails to render reasonably prompt, safe and adequate pedicab service.
Any other basis provided for in Title 48, Public Utilities, Chapter 16, Taxicabs, Autocabs, Limousines and Jitneys, of the Statutes of New Jersey or similar law, rule or regulation.
Pedicab driver's license. Any pedicab driver's license may be denied, revoked or suspended, in addition to the causes listed in § 415-11 for any of the following reasons:
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 or a pedicab.
Pedicab owner's license. An owner's license may be denied, revoked or suspended, in addition to the causes listed in § 415-11 and § 415-11F(3) and (4), for any of the following reasons:
If the motor vehicle or pedicab licensed or to be licensed, by reason of unsafe or unsanitary conditions, is dangerous to the safety or health of the occupants or others.
Enforcement. The provisions of this article shall be enforced by the Department of Code Enforcement and/or the Police Department.
Violations and penalties.
Except as otherwise provided herein, any person violating any provisions of this article shall, upon conviction thereof, be subject to a fine of $100, plus costs, however, should the complaint be marked to require a court appearance, the court, upon conviction thereof, shall impose a fine of at least $100, plus costs.
Any person violating the provisions of this article requiring an owner's or driver's license (§ 415-8) shall, upon conviction thereof, be subject to a fine of:
Three hundred dollars, plus costs, for a first offense.
Six hundred dollars, plus costs, for a second offense.
Third and subsequent offenses shall require a court appearance and shall be subject to a fine of at least $1,200, plus costs.
For the purposes of this section, a person who has been convicted of a previous violation need not be charged as a second, third or subsequent offender in the complaint made against him in order to render him liable to the penalties imposed by this section on a second, third or subsequent offender, but if the second offense occurs more than two years after the previous offense, the court shall treat the second conviction as a first offense for sentencing purposes, and if a third offense occurs more than two years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes, and if an offense subsequent to the third offense occurs more than two years after the third offense, the court shall treat the offense subsequent to the third offense as a third offense for sentencing purposes and so on for additional subsequent offenses.