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. This ordinance repealed former Ch. 98, Boardwalk Trams, adopted as follows: Art.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. Amendments noted where applicable.]
GENERAL REFERENCES
Beachs, Boardwalk and oceanfront — See Ch. 92.
Bicycles — See Ch. 94.
Motorcycles, mpoeds 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.

§ 98-1 Definitions.

For purposes of this chapter, the following terms shall have the meanings indicated:
CONTRACTOR
That corporation, association or person currently holding a legal, written agreement with the City of Atlantic City to operate trams within Atlantic City's corporate limits.
DIRECTOR
The Business Administrator of the City of Atlantic City and/or his/her designee.
OPERATOR
The individual actually driving or operating a tram.
TRAM
Any electrical or motorized vehicle designed for transportation on the Boardwalk and subject to the terms and conditions of Chapter 92 of the Code of the City of Atlantic City regulating vehicular traffic on the Boardwalk. The "tram" shall consist of a power unit, which may or may not carry passengers, as well as up to three passenger coaches. The minimum passenger capacity of a "tram," notwithstanding the number of coaches, shall be 18 adults per coach. The "trams" shall be so designed as not to exceed four miles per hour, and there shall be installed in the power unit of each tram a governor device so as to ensure that the power unit of each tram does not exceed four miles per hour. Only new equipment at the time of award or renewal of contract shall be acceptable.

§ 98-2 Agreement granting authorization.

No one shall operate or cause to be operated a tram or trams within the geographical limits of the City of Atlantic City unless he or she possesses a legally authorized and executed agreement with the City of Atlantic City drawn in accordance with the ordinances of the City of Atlantic City and the statutes of the State of New Jersey granting authority to operate said tram or trams on the Boardwalk.

§ 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 and that before any tram operation is undertaken, a legal contract has been signed and implemented between the city and the successful bidder.
B. 
The Director shall take any tram out of service which is found to be unsafe, unsanitary or not in a fit condition to properly carry passengers. Said tram shall remain out of service until such time as it is repaired, cleaned up or put in good condition and received written approval by the Director for its reuse.
C. 
The Director, the Director of Planning and Development and the City Engineer shall determine what kinds of vehicles will be designated a tram, as well as what kind of vehicle will be utilized and operated as a tram. The Director shall give the contractor reasonable notice on any change of types of vehicles to be designated and/or utilized as 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 of Atlantic City, as well as the statutes of the State of New Jersey and lawful rules and regulations of the proper officers of Atlantic City. The City Solicitor 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 trams in the City of Atlantic City. The recommendation will be submitted to the Council in the form of a resolution for the Mayor to have authority to execute an agreement 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 trams while traveling either on the Boardwalk or to or from the warehouse identified at § 98-4G herein in order to assure the safe, lawful and timely operation of all trams.
G. 
The Director shall take official cognizance of any and all misconduct, fraud, subterfuge or harmful actions of any contractor or tram driver, 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 Purchasing Office and the City Solicitor's office of Atlantic City. Potential contractors shall present their bids to the city on proposal blanks furnished by the Purchasing Department, filling in all blanks.
B. 
Two or more bids under different names are not permissible by one person.
C. 
All bids shall be accompanied by a detailed statement of the potential contractor's true financial worth as stipulated in the Specifications and Instructions to Bidders.
D. 
Contractors shall be responsible for the immediate repair of any Boardwalk damage by and attributable to the operations of the trams. A contractor shall not be responsible for reasonable wear and tear to the Boardwalk.
E. 
If free passage of the Boardwalk is encumbered, interrupted or blockaded by the city in such a manner as to prevent the passage of the trams from Connecticut Avenue to Albany Avenue, then the annual base rental herein provided for shall be reduced as follows:
(1) 
If the trams are prevented from traveling over more than 50% of the tram route, the rental shall be reduced to a sum equal to 1/365 of the annual base rental for each day that the passage is encumbered, interrupted or blockaded.
(2) 
If the trams are prevented from traveling over less than 50% of the tram route, the rental shall be reduced by a sum equal to 1/365 of the annual base rental for each day that the passage is encumbered, interrupted or blockaded multiplied by the percentage of the tram route so encumbered, interrupted or blockaded.
F. 
The contractor shall deliver to the Director certificates of insurance in full accordance with all stipulations set down in the signed legal agreement between the city and the contractor. Said stipulations must equal or exceed the requirements set forth in § 92-22 of the City Code of the City of Atlantic City. The contractor shall deliver such insurance certificates at least 21 days prior to the beginning of the first tram operation.
G. 
The contractor must maintain an approved location within the corporate limits of the City of Atlantic City for the storage of trams when the latter are not in actual use. Said building is to be subject to the approval of the Director.
H. 
The contractor shall perform all necessary tram functions while providing all required trams, paraphernalia and employees for the lawful operation of said trams.
I. 
It shall be the responsibility of the contractor to provide that all drivers of trams are duly registered and licensed by the City of Atlantic City and that the fee of $100 per driver is paid annually. The license year shall be April 1 to March 30, inclusive.
J. 
The contractor shall not assign any of his contractual obligations or responsibilities, either in whole or in part, to any other operator or subcontractor.
K. 
The contractor shall indemnify and save harmless and defend the City of Atlantic City against any loss, 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 trams.
L. 
The contractor will not charter the trams to private groups without the prior written approval from the Director. The contractor may arrange for special chartering of the trams with the Director. Ninety-six hours' notice must be given to the Director prior to any charter, as well as the time, route and fee to be paid for the charter.
M. 
The contractor will not manipulate the regular 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 trams can be altered without written approval of the Director. No casino, hotel or business enterprise shall receive preferential treatment for the chartering of trams or be given tram service of any kind which unfairly impinges on or adversely affects another casino, hotel or business enterprise.
N. 
The contractor will submit all tram schedules to the Director for his written approval prior to implementation. Tram stops will be located on alternate street ends in each direction of its route. Only those street ends having addresses evenly divisible by 100 are counted for purposes of designating tram stops.
O. 
The contractor shall make certain that all employees possess neat and clean uniforms. The design of the uniform must have the written approval of the Director. No employee shall wear a uniform which might be mistaken for or is the same as any uniform worn by a casino hotel employee.
P. 
The contractor agrees that if special arrangements, including but not limited to discount prices, are made for large blocks of tram tickets, said arrangements must be offered to all persons and enterprises on an equal basis.
Q. 
The contractor shall not permit any advertising, paid or unpaid, on the trams, inside or outside.
R. 
(Reserved)
S. 
Contractors shall heat or otherwise winterize all trams in operation between September 15 and April 15, or as the Director may require.
T. 
Off-Boardwalk operation of trams is limited to travel to and from the storage facility identified in § 98-4G of this chapter. Operation of a tram off-Boardwalk for the transport of passengers is specifically prohibited.
U. 
The terminal points for the trams shall be Garden Pier to the east and Albany Avenue to the west.
V. 
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.
W. 
The contractor agrees to appoint the City Clerk of Atlantic City as its agent for the purpose of accepting service for all suits that may be instituted against them.
X. 
The contractor shall provide 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 trams and the protection of the integrity of the Boardwalk.

§ 98-5 Tram operating procedures.

A. 
No tram shall stand idle or in a stationary position unless it is picking up or discharging passengers, except at the terminal points.
B. 
No tram shall exceed the speed of four miles per hour while operating on the Boardwalk.
C. 
The motor or power units of trams shall be propelled by propane or electricity. 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 trams is limited to travel to and from the storage facility identified in § 98-4G of this chapter. Operation of a tram off-Boardwalk for the transport of passengers is specifically prohibited.
E. 
No tram may pass or ride abreast of another tram traveling in the same direction.
F. 
Trams must proceed in the second and fourth ribbons of the Boardwalk in the five-ribbon section, and the second and third ribbons of the Boardwalk in the four-ribbon section.
G. 
Grams shall have no sound devices whatsoever unless specifically approved in writing by the Director.
H. 
Trams are prohibited from operating on the Boardwalk between 6:00 a.m. and 10:00 a.m.
I. 
There shall be a sufficient number of 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 contractor.
J. 
Tram fares shall not exceed $2 one way. An all-day fare in the amount of $5 shall be available. The fare shall be prominently displayed on the outside of the vehicle.

§ 98-6 Tram operators: applications and qualifications.

A. 
No person shall operate a tram unless application is made to the city for a driver's identification permit upon a form provided by the city.
B. 
First-time applicants must be fingerprinted and photographed by the Atlantic City Police Department; renewal applicants may be fingerprinted and photographed at the discretion of the Director.
C. 
The contractor shall make certain that all tram operators are registered with the city, that an identification permit has been issued and that the registration fee of $100 has been paid. Identification permits will be good for one year. All permits must be renewed for the following year. A fee of $50 shall accompany all renewal requests.
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 applicant shall produce a valid and current New Jersey driver's license in his or her name.
F. 
Applicants must not be addicted to the use of narcotics or intoxicating liquors.
G. 
Applicants must have at least one year of driving experience. Applicants must be prepared to take and pass whatever relevant tests the Director may require.
H. 
First-time applicants shall produce affidavits of their good character from at least two reputable Atlantic City citizens who have known the applicant personally. In addition, it may be required for the applicant to produce a reference from his or her last employer.
I. 
The applicant must answer all questions on the application form completely and truthfully and shall sign and swear 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. 
Tram operators shall be courteous to passengers at all times and will not engage in the use of foul, profane, improper or abusive language.
L. 
Tram operators shall not bypass passengers seeking a ride when seats are available.
M. 
Upon the satisfactory fulfillment of all necessary requirements, there shall be issued by the city to the applicant a tram driver's permit which shall contain the photograph and signature of the tram operator. It shall be unlawful to remove or obliterate any official entry upon said permit. Driver's identification permits shall be valid up to and including the 30th day of March. Permits shall be valid for one year only. The identification permit 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 driver's coat or shirt when engaged in driving a commercial vehicle. No 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 of Atlantic 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 agreement.

§ 98-8 Action by City Council.

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

§ 98-9 Violations and penalties.

[Amended 11-25-2008 by Ord. No. 104]
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, a maximum of $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.

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

§ 98-11 Repealer.

All chapters or parts of chapters inconsistent with any of the terms of this chapter shall be and the same are hereby repealed to the extent of such inconsistency or inconsistencies. It is specifically intended that Ordinance Nos. 54 of 1982, 63 of 1986 and 20 of 1989 of the City of Atlantic City be and hereby are vacated.[1]
[1]
Editor's Note: These ordinances comprised parts of former Ch. 98, Boardwalk Trams. See chapter history for further information.