[HISTORY: Adopted by the Borough Council
of the Borough of Hillsdale 9-9-1986 as Ord. No. 86-14 (Ch. 21A of
the Revised Ordinances of 1972). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any automobile or motor car service with a carrying
capacity of not more than nine (9) passengers, not including the driver,
for 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
or public highways of this state, and which is hired by charter or
for a particular contract, or by the day or hour or other fixed period,
or to transport passengers to a specified place or places, or which
charges a fare or price agreed upon in advance between the operator
and the passenger. Nothing in this chapter contained shall be construed
to include taxicabs, hotel buses or buses employed solely in transporting
school children or teachers or autobuses.
No limousine service, the owner of which has
his or her principal place of business in the Borough of Hillsdale,
shall be operated along any street in the Borough until the owner
thereof shall have obtained the consent of the Borough Council.
[Amended 12-23-1986 by Ord. No. 86-18; 4-11-1989 by Ord. No. 89-9]
No consent by the Borough Council to the owner
of a limousine to operate on the streets of the Borough shall become
effective until the owner of such limousine shall have filed with
the Borough Clerk an insurance policy of a company duly licensed to
transact business under the insurance laws of the state, conditioned
for the payment of the sum not less than five hundred thousand dollars
($500,000.) to satisfy any and all claims for damages by reason of
bodily injury to or the death of any person or persons resulting from
an accident or to satisfy any claim or damages to property of any
and all persons on account of such use of such limousine upon the
public streets of the Borough of Hillsdale. The Borough of Hillsdale
shall be named as an additional insured on the policy of insurance.
Any consent to operate a limousine which has been granted by the Borough
Council shall become void and of no effect in the event that the aforementioned
insurance policies are canceled or for any reason become ineffective.
The owner of each limousine service shall execute
and deliver to the Borough Clerk, concurrently with the filing of
the insurance policies herein required, a power of attorney, wherein
and whereby the owner shall appoint the Borough Treasurer his or her
true and lawful attorney for the purpose of acknowledging service
of any process of a court of competent jurisdiction to be served against
the insured by virtue of the indemnity granted under the insurance
policies required hereunder.
No limousine service which has its principal
place of business within the Borough of Hillsdale shall be operated
along any street in the Borough until the owner or operator of said
limousine service shall have obtained a limousine certificate for
each limousine so operated.
A.
Written application for such certificate shall be
made to the Borough Clerk on forms furnished by the Borough Clerk.
Each application shall be accompanied by the requisite fees as herein
fixed for the certificate applied for. Each application shall set
forth under oath or affirmation:
(1)
The type, maker's name, seating capacity, weight,
year of manufacture, factory number and engine number of each vehicle.
(2)
The principal location of each vehicle when not being
operated upon the streets as a limousine.
(3)
The home and business address of the owner of the
vehicle.
(4)
A statement as to whether the applicant has ever been
convicted of a crime, and if the applicant has been convicted of a
crime, a complete statement concerning dates and disposition thereof.
In case of a corporate applicant, the statement shall be completed
as to each officer, director and owner of more than ten percent (10%)
of the stock of the corporation.
[Amended 4-11-1989 by Ord. No. 89-9; 5-13-1997 by Ord. No.
97-8]
All certificates issued under the provisions
of this chapter shall expire on March 31 of the year for which they
are issued and shall be nontransferable. The fee for a certificate
for each limousine shall be fifty dollars ($50.).
Any certificate issued pursuant to the provisions
of this code may be revoked or suspended (without refund of fees)
by the Borough Clerk for any violation hereof or of any rules or regulations
adopted hereunder or for other good cause shown. The person or corporation
affected by such revocation or suspension shall have the opportunity
for a public hearing before the Borough Administrator in a summary
manner in order to contest the suspension or revocation. Pending hearing
and decision by the Borough Administrator, the revocation or suspension
shall remain in effect. In order to obtain a hearing from a summary
revocation or suspension of a certificate, the holder of the certificate
shall be required to request the hearing in writing within ten (10)
business days of the effective date of the suspension or revocation
imposed by the Borough Clerk.
The owner of each limousine licensed pursuant to the provisions of this chapter shall provide a copy of the vehicle's registration to the Borough Clerk within three (3) business days from the issuance of a certificate pursuant to § 192-5.
[Added 5-13-1997 by Ord.
No. 97-8]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall be punishable as provided in Chapter 226, Penalties.
