WHEREAS, the Mayor and City Council wish to make certain revisions to the City Code relating to taxi, livery and pedicabs licenses within the City, as set forth herein.
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED, by the Mayor and City Council of the City of Asbury Park (the “City”), in the County of Monmouth and State of New Jersey, that Section 8-6, entitled “Inspections,” subsection 8-6.1 “Inspection of Vehicles and Section 8-23 “Use and Operation of Pedicabs”, subsection 8-23.4, entitled “Inspections” of Chapter VIII, “Licensing and Regulation of Taxicabs, Liveries and Pedicabs,” of the “Code of the City of Asbury Park, New Jersey,” is hereby amended and supplemented in the following specific respects (additions are shown with underline; deletions are shown with strikeout):
8-6.1 Inspection of Vehicles.
No vehicle shall be used as a taxi or livery and no license shall be issued for that purpose until the vehicle has been inspected and examined by an officer designated by the Chief of Police, as the case may be, or his or her designee, and found to be in a thoroughly safe, clean and sanitary condition for the transportation of passengers. Side curtains, shades or dark tinted window glass are not permitted on any such vehicle in accordance with N.J.S. Title 39, Chapters 3 and 4. Thereafter, each owner of a taxi or livery shall have his/her vehicle inspected and examined by the City of Asbury Park yearly during the month of November March. The validation sticker issued by the City for the prior year shall be valid until the City inspection for the current year is conducted. The City inspection shall occur subsequent to the owner obtaining inspection approval from the New Jersey Motor Vehicle Commission. Each taxi/livery owner shall make an appointment with the officer designated by the Chief of Police to conduct the City inspection. No vehicle shall continue to operate as a taxi or livery if such vehicle has been inspected and examined by the officer designated by the Chief of Police and found not to be in a thoroughly safe condition for the transportation of passengers. In no event shall any taxi/livery operate beyond November 30 March 31 of the immediately preceding year without a validation sticker from the City. Side curtains, shades and window tinting are not permitted in accordance with N.J.S.A. Title 39, Chapters 3 and 4.
a. The pedicab shall be inspected by the Police Department prior to the issuance of a pedicab vehicle license to operate within the City, but no later than March 31 of each licensing year. If the pedicab is determined to be unsafe or not equipped properly, the owner shall be notified. No license shall be issued for a pedicab vehicle that is found to be unsafe.
b. If at any time, after the issuance of a permit, a pedicab vehicle 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.
BE IT FURTHER ORDAINED that all other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.
BE IT FURTHER ORDAINED that the provisions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found to be invalid for any reason by any Court of competent jurisdiction, such judgment shall be limited in its effect only to the portion of the Ordinance actually adjudged invalid and shall not be deemed to affect the operation of any other portion thereof, which shall remain in full force and effect.
BE IT FURTHER ORDAINED that this Ordinance shall take effect upon final passage and publication in accordance with the law, following the required twenty (20) day period after adoption, as set forth in N.J.S.A. 40:69A-181(b).