Atlantic City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Atlantic City 6-3-1992 by Part A of Ord. No. 57-1992;[1] amended in its entirety 2-8-2017 by Ord. No. 3-2017. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Beaches, Boardwalk and oceanfront — See Ch. 92.
Motorcycles, mopeds and similar vehicles — See Ch. 183.
Rolling chairs — See Ch. 210.
Taxicabs, jitneys and vehicles for hire — See Ch. 233.
Vehicles and traffic — See Ch. 243.
[1]
Editor's Note: This ordinance also repealed former Ch. 98, Boardwalk Trams, adopted as follows: Art. I, 12-7-1983 by Ord. No. 67-1983; Art. II, 9-17-1986 by Ord. No. 63-1986, as amended. Part B of this ordinance amended certain sections of Ch. 92, Beaches and Boardwalk.

§ 98-1 Definitions.

For the purpose of this chapter, the following terms shall have the meanings indicated.
BOARDWALK TRAM
Any electrical or motorized vehicle designed for transportation on the Boardwalk (as defined in Chapter 92 of the Code) and subject to the terms and conditions of Chapter 92 of the Code regulating vehicular traffic on the Boardwalk. The Boardwalk tram shall consist of a power unit that will also serve as a passenger coach and one additional passenger coach. The maximum passenger capacity of a passenger coach shall be 16 individuals per coach (for a maximum passenger capacity of 32 individuals per Boardwalk tram). Each Boardwalk tram shall be so designed as not to exceed four miles per hour, and there shall be installed in the power unit of each Boardwalk tram a controlling device so as to ensure that the power unit of each Boardwalk tram does not exceed four miles per hour. Only equipment that has been approved by the Director and the City Engineer of the City's Department of Planning and Development City Engineer Division (the "City Engineer") at the time of award shall be acceptable.
CONTRACTOR
That corporation, association or person currently holding a contract (as defined in § 98-2) with the City of Atlantic City (the "City") to operate a Boardwalk tram within the City's corporate limits.
DIRECTOR
The Director of Licensing and Inspections or such other designee of the Administrator [as defined in Chapter 4 of the Administrative Code of the City (the "Code")].
OPERATOR
The individual actually driving or operating the Boardwalk tram.

§ 98-2 Agreement granting authorization.

No one shall operate or cause to be operated a Boardwalk tram within the geographical limits of the City unless he or she possesses a legally authorized and executed agreement (the "contract") awarded by the Council (as defined in Chapter 4 of the Code) and signed by the City and the successful bidder. The operation of a Boardwalk tram must at all times be in accordance with the ordinances (as defined in Chapter 4 of the Code) of the City and the statutes of the State of New Jersey granting authority to operate a Boardwalk tram.

§ 98-3 Director's authority.

A. 
The Director shall have the responsibility and authority of assuring that contract bids and specifications are publicized, submitted and adhered to in all respects.
B. 
The Director shall take any Boardwalk tram out of service which is found to be unsafe, unsanitary or not in a fit condition to properly carry passengers. Said Boardwalk tram shall remain out of service until such time as it is repaired, cleaned up or put in good condition and receives written approval by the Director for its reuse.
C. 
The Director, the Director of the Department of Planning and Development and the City Engineer shall determine what kinds of vehicles will be designated a Boardwalk tram, as well as what kind of vehicle will be utilized and operated as a Boardwalk tram. The Director shall give the contractor reasonable notice on any change of types of vehicles to be designated and/or utilized as Boardwalk trams.
D. 
The Director shall declare all agreements null and void should the Contractor fail to abide by all applicable legal ordinances of the City, as well as the statutes of the State of New Jersey and lawful rules and regulations of the proper officers of the City. The City Solicitor of the City's Department of Administration, Solicitor Division (the "Solicitor's Office") is authorized to take any legal steps to protect the City's legitimate interest.
E. 
The Director shall recommend from an advertised bid procedure an entity to operate Boardwalk trams in the City. The recommendation will be submitted to the Council in the form of a resolution for the Mayor (as defined in Chapter 4 of the Code) to have authority to execute a contract between the City and the successful bidder. Said resolution may be appealed within 10 days to the Council.
F. 
For the purposes of this chapter, the Director is assigned supervision over the Boardwalk trams while traveling either on the Boardwalk or to or from the storage facility identified at § 98-4H herein in order to assure the safe, lawful and timely operation of all Boardwalk trams.
G. 
The Director shall take official cognizance of any and all misconduct, fraud, subterfuge or harmful actions of any contractor or Boardwalk tram operator, whether or not such actions are specifically covered in this chapter.
H. 
The Director shall take all prudent and reasonable steps to assure that the terms of this chapter are carried out, both with regard to the appointment and supervision of qualified personnel, including but not limited to the assignment of a Boardwalk Transportation Inspector, as well as the timely promulgation of all necessary department procedures such as (but not limited to) the publication of penalty charts, fines to be levied and all other disciplinary measures to be undertaken by the appropriate department.

§ 98-4 Contractor's responsibilities.

A. 
All potential contractors shall submit bids containing prices to be paid to the City in strict accordance with the form of advertisement and the Specifications and Instructions to Bidders as proposed by the City's Department of Revenue and Finance, Purchasing Division (the "Purchasing Division") and the Solicitor's Office. Potential contractors shall present their bids to the City on proposal blanks furnished by the Purchasing Division, filling in all blanks.
B. 
Two or more bids under different names or entities are not permissible by one person or group of persons.
C. 
All bids shall be accompanied by a detailed statement of the potential contractor's true financial worth (most recent audited financial report) as stipulated in the Specifications and Instructions to Bidders, or at the Director's discretion, the contractor must provide the City with a performance and payment bond from a surety company authorized to do business in the City, as well as fulfilling all the other terms and stipulations set forth in the contract.
D. 
The contractor shall be responsible for the immediate repair of any Boardwalk damage by and attributable to the operations of the Boardwalk tram.
E. 
The contractor shall deliver to the Director certificates of insurance in full accordance with all stipulations set down in the signed contract between the City and the contractor. Minimum limit of liability insurance shall be determined by the City's Department of Administration, Solicitor Division, Risk Management Subdivision.
F. 
Before commencing any Boardwalk tram operations, the contractor shall purchase and maintain insurance, in conformance with the provisions contained in the contract. The insurance will provide the City, its officers, agents or employees with defense for, and indemnification from, any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use, which arises out of the contractor's operations under the contract (the "losses"). This insurance shall apply regardless of whether the operations, actions, derelictions or failures to act from which the claim arises, are attributable to the contractor, any of its consultants, officers, agents, subcontractors, employees, or anyone directly or indirectly employed by any of them, including anyone for whose acts of the aforementioned may be liable by operation of statute, government regulation, or applicable case law or the City, unless caused by the sole negligence of the City. Proof of such insurance shall be provided to the City before the contract commences. In no event shall the failure to provide this proof, prior to the commencement of the work, be deemed a waiver by the City of the contractor's insurance obligations set forth herein.
G. 
(Reserved)
H. 
The contractor shall maintain an approved location within the corporate limits of the City for the storage of Boardwalk trams when the Boardwalk trams are not in actual use (the "storage facility"). The storage facility is subject to the approval of the Director. Should the contractor need to transport the Boardwalk trams from the Boardwalk, prior approval shall be required from the Atlantic City Police Department in accordance with the appropriate City Code.
I. 
(Reserved)
J. 
Application for licenses.
(1) 
It shall be the responsibility of the contractor to submit an application for a business license and license for each vehicle with the City's Department of Licensing and Inspections, Mercantile License Division (the "Mercantile Division"), on a form provided by the City and the following is to be attached:
(a) 
Business license application with annual fee of $150;
(b) 
Proof of insurance(s) and certificate of liability;
(c) 
Vehicle license application with annual fee of $100 per vehicle; and
(d) 
Nonmotorized coach (trailer): $100 per vehicle.
(2) 
Each license shall be renewed annually.
K. 
The contractor shall not assign any of his contractual obligations or responsibilities, either in whole or in part, directly or indirectly, to any other person or entity.
L. 
The contractor shall indemnify and save harmless and defend the City against any losses, financial or otherwise, as a result of any and all liabilities in connection with legal claims, court decisions or judgments resulting from property damage, injury, death or disputes of any kind resulting from the operation of the Boardwalk trams, to the extent not otherwise covered by insurance under § 98-4F herein.
M. 
The Boardwalk trams are prohibited from operating on the Boardwalk between the hours of 6:00 a.m. and 10:00 a.m. The contractor shall submit a schedule of hours, days and months of operation to the Director. Any changes to this schedule due to special events or conditions (e.g., Atlantic City Airshow, Miss America Parade) shall be submitted 30 days in advance of changes being made and are subject to the approval of the Director.
N. 
The contractor will not manipulate the regular Boardwalk tram schedule in any way for the purpose of providing a benefit to any casino, hotel or business at the expense of a competing enterprise. No regular scheduling of the Boardwalk trams can be altered without written approval of the Director. No casino, hotel or business enterprise shall receive preferential treatment for the chartering of Boardwalk trams or be given Boardwalk tram service of any kind which unfairly impinges on or adversely affects another casino, hotel or business enterprise.
O. 
The contractor shall not charter the Boardwalk trams to private groups without the prior written approval from the Director. Four days' notice setting forth the time, route and fee to be paid for the proposed charter shall be given to the Director prior to any proposed charter.
P. 
All employees shall wear a uniform showing, minimally, their first name for identification purposes. General design shall be approved by the Director. The contractor shall make certain that all employees possess neat and clean uniforms.
Q. 
The City shall receive a portion of all ridership fares as set forth in the bid by the contractor and set forth in the contract. The contractor shall submit to the Director monthly ridership reports. The reports shall be submitted by the 15th day after the close of the previous month on a form provided by the Director. Reports are to be cumulative in nature. All payments due to the City for the previous month's ridership fares shall be submitted with the monthly ridership reports.
R. 
The contractor shall solicit advertising to be placed on the Boardwalk trams. All contractual agreements for advertising and content must be reviewed and approved by the Director. The City shall receive a percentage of all advertising proceeds as set forth in the bid by the contractor and set forth in the contract. The contractor shall submit to the Director monthly advertising revenue reports. The reports shall be submitted by the 15th day after the close of the previous month on a form provided by the Director. Reports are to be cumulative in nature. All payments due to the City for the previous month's advertising proceeds shall be submitted with the monthly advertising revenue reports.
S. 
(Reserved)
T. 
(Reserved)
U. 
(Reserved)
V. 
The terminal points for the Boardwalk trams shall be New Jersey Avenue to the east and Albany Avenue to the west or as otherwise designated by the Director.
W. 
The contractor agrees to appoint the City Clerk (as defined in Chapter 4 of the Code) as its agent for the purpose of accepting service for all suits that may be instituted against it.
X. 
The contractor shall provide Boardwalk trams which possess approved and acceptable inflatable tires which will not damage the Boardwalk. The Director, upon the advice and consultation of the City Engineer, shall have the right to require vehicle modifications in any instance relevant to the safe operation of the Boardwalk trams and the protection of the integrity of the Boardwalk.
Y. 
The Contractor shall keep informed of and comply with all laws, ordinances and regulations in any manner affecting those engaged or employed in the work in any way affecting the conduct of this work, and all orders or decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency shall be discovered, in relation to any such law, ordinance, regulation, order or decree, they shall forthwith report the same, in writing, to the City. The contractor at all times shall observe and comply with, and shall cause their agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders and decrees, and shall protect and indemnify the City, its officers and agents against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order or decree.

§ 98-5 Boardwalk tram operating procedures.

A. 
No Boardwalk tram shall stand idle or in a stationary position unless it is picking up or discharging passengers, except at the terminal points.
B. 
No Boardwalk tram shall exceed the speed of four miles per hour while operating on the Boardwalk.
C. 
The motor or power units of the Boardwalk trams shall be electric. Governors or other approved mechanical devices shall be installed on the power units with the written approval of the Director and the concurrence of the City Engineer in order to ensure compliance with the speed limit.
D. 
Off-Boardwalk operation of Boardwalk trams is limited to travel to and from the storage facility identified in § 98-4H of this chapter. Operation of a Boardwalk tram off-Boardwalk for the transport of passengers is specifically prohibited, unless approved by the Director.
E. 
No Boardwalk tram shall pass or ride abreast of another Boardwalk tram traveling in the same direction.
F. 
Boardwalk trams must proceed along the ribbons of the Boardwalk as directed by the City Engineer and the Director.
G. 
Boardwalk trams shall have a safety sound device which is approved, in writing, by the Director as well as a first aid packet and fire extinguisher.
H. 
Boardwalk tram operators and conductors (the "conductors") shall be courteous to passengers at all times and shall not engage in the use of foul, profane, improper or abusive language.
I. 
Boardwalk tram operators shall not bypass passengers seeking a ride when seats are available. There shall be a sufficient number of Boardwalk trams operating at any given time to provide adequate service to the public. Such a determination will be made by the Director in consultation with the City Engineer.
J. 
Boardwalk tram fares shall be as follows:
(1) 
June 1 to September 30: $4 one way and $8 all-day fare for an adult and $2 one way and $5 all-day fare for a child.
(2) 
October 1 to May 31: $3 one way and $6 all-day fare for an adult and $2 one way and $5 all-day fare for a child.
(3) 
"Child" shall be any person 12 years of age and under.
(4) 
This fare includes any and all applicable federal, state and local taxes. The fare shall be prominently displayed on the outside of each Boardwalk tram.
K. 
Each Boardwalk tram shall be operated by two individuals, consisting of one operator and one conductor. The conductor shall collect fares, control ridership, and announce Boardwalk tram stops.

§ 98-6 Tram operators and conductors applications and qualifications.

A. 
No person shall operate a Boardwalk tram unless a Boardwalk tram operator or Boardwalk tram conductor application is submitted to the Mercantile Division for the issuance of a license on a form provided by the City, containing the following:
(1) 
Application fee of $100 (initial application); renewal application fee is $60;
(2) 
Proof of citizenship;
(3) 
Photo license fee: $10 (replacement of lost or stolen license is $15); and
(4) 
Fingerprint application fee: $20 for criminal background check.
B. 
Each operator and conductor shall submit to testing for addiction for the use of narcotics or intoxicating liquors and shall subject to annual drug testing at a facility selected by the City at the cost of the operator and conductor. The City may also require random drug testing at the discretion of the Director.
C. 
The Boardwalk tram license is for a period of one year and shall be renewed annually. Application for renewal shall be submitted two months prior to the expiration of the current license.
D. 
All applicants must be at least 18 years of age. Applicants must be of sound mind and body with proven ability to operate a motor vehicle.
E. 
Each operator shall produce a valid and current New Jersey commercial driver's license (CDL) in his or her name.
F. 
(Reserved)
G. 
(Reserved)
H. 
(Reserved)
I. 
The applicant must answer all questions on the application form completely and truthfully and shall sign and swear or affirm to the accuracy of the statements made.
J. 
The applicant shall have a written promise of employment from the contractor attached to his or her application.
K. 
(Reserved)
L. 
(Reserved)
M. 
Upon the satisfactory fulfillment of all necessary requirements, there shall be issued by the City to the applicant a Boardwalk tram operator's license which shall contain the photograph and signature of the operator. It shall be unlawful to remove or obliterate any official entry upon said license. The Boardwalk tram operator's license shall be valid for one year. The Boardwalk tram operator's license shall be of such form and style as the Director prescribes, with the driver's license number from the State of New Jersey and the word "Operator" appearing clearly thereon, which shall be constantly and clearly displayed on the outside of the operator's uniform when engaged in driving a commercial vehicle. The Boardwalk tram conductor's license shall be of such form and style as the Director prescribes, with the driver's license number from the State of New Jersey and the word "Conductor" appearing clearly thereon, which shall be constantly and clearly displayed on the outside of the driver's coat or shirt when engaged in driving a commercial vehicle. No Boardwalk tram shall be operated except by a duly licensed person who is wearing such an identification card, conspicuously displayed.

§ 98-7 Affirmative action.

The contractor must comply with all laws of the State of New Jersey, all ordinances of the City and Executive Order Nos. 2 of 1984 and 1 of 1985, involving affirmative action and minority business participation. Failure to continue in compliance shall be deemed a breach of the contract.

§ 98-8 Action by City Council.

A. 
It is the intention of the City that the Boardwalk trams be an attraction in the resort, and to that end it is the City's intent that the Boardwalk trams be aesthetically pleasing and that the theme of the design and appearance of the Boardwalk trams be consistent with and reflective of the rich history of the Boardwalk and the City.
B. 
The Council reserves the right to reject the highest bid solely for reasons of aesthetics.

§ 98-9 Violations and penalties.

A. 
The Director is hereby authorized to establish a penalty chart, stipulating maximum fines to be imposed by City inspectors, including police officers, for violations of this chapter. A fine for a first offense shall not exceed $100; thereafter, the maximum fine shall not exceed $2,000.
B. 
In the event that the violator wishes to contest the charges and the fine imposed, the matter shall be appealed to the Director.

§ 98-10 Suspension, cancellation and revocation of license.

The Director may suspend, cancel or revoke the license of any operator or conductor for good cause upon notice and opportunity to be heard.