[HISTORY: Adopted by the City Council of the City of Atlantic
City as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-26-1988 by Ord. No. 61-1988]
As used in this article, the following terms shall have the
meanings indicated:
A person, partnership, joint venture, corporation or other
business entity applying for a license to operate or own one or more
rolling chairs.
The elevated walk or promenade extending along the oceanfront
of Atlantic City, including the extension access ramps to the street
ends.
Successful bidder(s).
[Added 5-30-2017 by Ord.
No. 10-2017]
The Director of Licensing and Inspections of the City of
Atlantic City or his designee.
[Amended 2-22-2006 by Ord. No. 10-2006; 1-27-2010 by Ord. No.
03-2010]
Each herringboned designed portion of the Boardwalk.
The person, partnership, joint venture, corporation or other
business entity in whose name an operator or owner license is issued
by the City.
The person or persons pushing a rolling chair.
[Amended 6-8-1994 by Ord. No. 38-1994]
The person, partnership, joint venture, corporation or other
business entity actually owning or leasing a rolling chair.
A card placed in front of the rolling chair in full view
of all passengers, with black lettering and red numerals on a white
background, setting forth the rates to be charged. The rate card shall
be no smaller than eight inches tall by 12 inches wide, and the lettering
and numerals shall be no smaller than one-inch high, Hellenic bold
style. The rate card shall also carry the message, "For complaints
call the Atlantic City Mercantile Office," with the appropriate phone
number.
A wheeled vehicle capable of transporting up to three passengers,
powered manually, and having measurements not exceeding 50 inches
in width, by inside seat measurements; 60 inches in overall length;
and 78 inches in overall height, nor weight exceeding 33 pounds per
square inch loading on the Boardwalk. It is the intent of this article
that chairs have the original design of the late 1800s to early 1950s
or be a replica of the original design in order to preserve the historic
value of the rolling chair.
[Amended 6-8-1994 by Ord. No. 38-1994]
An area preapproved and marked out by the Director along
the southern (oceanside) railing of the Boardwalk in which rolling
chairs await passengers or their turn to occupy a rolling chair stand.
[Added 2-22-2006 by Ord. No. 10-2006; amended 4-19-2006 by Ord. No.
24-2006]
A location designated by the Director on the Boardwalk where
a single rolling chair may await passengers.
An enclosed, stationary location wherein rolling chairs are
stored and from which rolling chairs are dispatched onto the Boardwalk.
Every such station shall be situated near and with immediate access
to the Boardwalk such that a dispatched rolling chair need not cross
Pacific Avenue in order to enter thereon.[1]
[1]
Editor’s Note: The former definition of “stationary
rolling chairs,” which immediately followed, was repealed 5-30-2017
by Ord. No. 10-2017.
[Amended 6-8-1994 by Ord.
No. 38-1994; 4-12-1995 by Ord. No. 26-1995; 5-5-2004 by Ord. No. 31-2004; 2-22-2006 by Ord. No. 10-2006; 6-14-2006 by Ord. No.
39-2006; 8-4-2010 by Ord. No. 52-2010; 4-25-2012 by Ord. No. 36-2012; 3-2-2016 by Ord. No. 6-2016; 5-30-2017 by Ord. No. 10-2017]
A.
No person, partnership, joint venture, corporation or other business entity shall own a rolling chair on the Boardwalk in Atlantic City without first establishing a station for the storage and maintenance of said rolling chair and obtaining an owner license issued pursuant to a legally authorized and executed agreement (the "contract") awarded by Council as defined in Chapter 4 of the Code and signed by the City and successful bidder for each such rolling chair from the Mercantile License Bureau. No person shall operate a rolling chair on the Boardwalk in Atlantic City without first being issued an operator license from the Mercantile License Bureau. Owner and operator licenses shall be effective from the first day of May each year and shall expire on the last day of April the following year. The effective date and expiration date can be amended for an individual license holder at the discretion of the Director. The annual license fee for each rolling chair shall be in accordance with the award of contract to the successful bidder.
B.
The Director shall have the responsibility and authority of assuring
that contract bids and specifications are publicized, submitted and
adhered to in all respects.
(1)
The Director shall take any rolling chair out of service which is
found to be unsafe, unsanitary or not in a fit condition to properly
carry passengers. Said rolling chair 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.
(2)
The Director, the Director of the Department of Planning and Development
and the City Engineer shall determine what kinds of rolling chairs
will be designated a rolling chair, as well as what kind of vehicle
will be utilized and operated as a rolling chair. The Director shall
give the contractor reasonable notice on any change of types of vehicles
to be designated and/or utilized as rolling chairs.
(3)
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.
(4)
The Director shall recommend from an advertised bid procedure an entity or entities to operate a rolling chair 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 or contracts between the City and the successful bidder. Said resolution may be appealed within 10 days to the Council.
(5)
For the purposes of this chapter, the Director is assigned supervision
over the rolling chair while traveling either on the Boardwalk or
to or from the storage facility herein in order to assure the safe,
lawful and timely operation of all rolling chairs.
(6)
The Director shall take official cognizance of any and all misconduct,
fraud, subterfuge or harmful actions of any rolling chair operator,
whether or not such actions are specifically covered in this chapter.
(7)
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.
(8)
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.
(9)
Two or more bids under different names or entities are not permissible
by one person or group of persons.
(10)
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.
(11)
The contractor shall be responsible for the immediate repair
of any Boardwalk damage by and attributable to the operations of the
rolling chairs.
C.
Application for license.
(1)
Each applicant for a rolling chair owner or operator license shall
fully and accurately complete a license application form to be provided
by the Director. The application may be delayed or rejected if an
applicant fails to fully complete the license application form, fully
document specifically requested information or comply with an additional
request for information or documentation required under this article.
(2)
If an applicant knowingly supplies incomplete or inaccurate information,
the license application shall be rejected by the Mercantile License
Bureau and the applicant barred from reapplying for such license for
a period of up to 18 months from the date of the rejection, the length
of such period to be determined by the Director based upon the extent
and seriousness of the missing or inaccurate information.
D.
Each applicant for a rolling chair owner license shall submit, together
with a completed license application form, the following:
(1)
Payment of the appropriate license fee.
(2)
A copy of the owner's certificate of occupancy for the rolling
chair station.
(3)
A copy of the rolling chair manufacturer's specifications indicating
the loading weight per square inch.
(4)
Before commencing any rolling chair 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.
E.
Upon the applicant's submission of the fees and documentation required in Subsections A, B, C and D above, the Director shall cause an inspection of each rolling chair to be made by the City Inspectors. Upon notification of the Inspectors' approval of the rolling chair and the Director's review and approval of the license application and accompanying documentation, a rolling chair owner mercantile license shall be issued forthwith.
F.
All applicants for new or renewal operator licenses shall provide
such information as the Director requires, including but not limited
to a drug test, fingerprinting and the findings of a criminal record
check obtained from the State Bureau of Identification and the New
Jersey State Police. Upon receipt of a completed background check
conducted by the State Bureau of Identification in the New Jersey
State Police and/or the Federal Bureau of Investigation, Identification
Division, together with a drug test and fingerprinting, the Director
shall notify the applicant of affirmative or negative results. The
determination of the Director shall be based upon a review of any
prior convictions for crimes or offenses which negatively impact the
health, safety and welfare of the public. In the event a current holder
of a rolling chair operator license fails the drug test and/or criminal
record check, said license holder shall have 90 days to cure such
defect, at which point an operator license would be issued.
G.
An owner or operator licensee shall notify the Mercantile License
Bureau, in writing, of any material change in the information contained
within the license application and accompanying documentation within
10 days of such change. Any failure to provide the aforesaid notification
shall be cause for the revocation of such license in addition to any
other sanction reasonably imposed by the Director.
H.
The licenses issued pursuant to this article are nonassignable and
nontransferable.
I.
There shall be a limit of 150 rolling chair owner licenses; however,
no more than 100 licenses shall be issued to any one person or any
entity or combination of entities in which there is common ownership
with another license holder. For purposes of this section, the restriction
against "common ownership" shall mean that no individual or entity
owning more than 50% of one licensee may have a direct or indirect
interest in another licensee of greater than 49%.
J.
(Reserved)
K.
(Reserved)
L.
Notwithstanding the limitations in Subsection I above, each rolling chair owner shall be permitted to license the number of rolling chairs, not in excess of two rolling chairs, as that owner had licensed in the year 2004 when the limiting ordinance became effective. The permission for continued licensing of chairs not in excess of two rolling chairs shall remain effective only as long as a particular owner continues to license the maximum of two rolling chairs. Should an affected owner fail to license any number of maximum chairs by May 30 of any year subsequent to this 2017 Code amendment, then the total permitted licenses for that owner shall be reduced to the greater of the number licensed in that year not in excess of two. The two rolling chairs referenced in this section are not part of the bid process. The fee for each license pursuant to this section shall be equal to the license fee paid by the highest successful bidder as set forth above.
A.
Every rolling chair shall be inspected prior to the issuance of an
owner license and at least once a year thereafter, on a schedule to
be determined by the Director, or as often as deemed necessary by
the Director.
[Amended 5-30-2017 by Ord. No. 10-2017]
B.
Each rolling chair shall have a frame attached to the left rear of
the body above the level of the seat to hold the current mercantile
license and a clearly visible number adjacent thereto, which number
also be placed on the front of the vehicle and shall be reflected
on said mercantile license.
[Amended 9-26-2012 by Ord. No. 60-2012]
C.
Except as specifically provided for hereinafter, there shall be no
sound-producing device, including but not limited to a radio, recorder,
bell, horn, loudspeaker, amplifier or any other instrument or device
capable of producing noise, music or sound, attached to or placed
in or upon the rolling chair or operator.
D.
[1]The interior and exterior of each rolling chair shall be
kept clean, seat cushions shall be free of tears and the rolling chair
subject to regular painting.
[Added 2-22-2006 by Ord. No. 10-2006; amended 4-19-2006 by Ord. No.
24-2006]
[1]
Editor's Note: Former Subsection D, which dealt with
warning devices for power-driven rolling chairs, was repealed 6-8-1994
by Ord. No. 38-1994.
F.
Each rolling chair shall have a maximum capacity of not more than three adults and shall not exceed the measurements and weight listed under § 210-1.
G.
Each rolling chair shall be maintained by its owner in good repair
and condition. The owner shall be responsible for compliance with
each of the provisions above.
[Amended 2-22-2006 by Ord. No. 10-2006]
H.
An owner or operator who has been found guilty in Municipal Court of violating the provisions of Subsection C, D, E or F on three separate occasions within a twelve-month period shall, upon such third conviction, be subject to immediate suspension of his license for a period of up to one year, in addition to any other penalty hereinafter authorized.
[Amended 6-14-2006 by Ord. No. 39-2006]
A.
The rate to be charged for hire of a rolling chair for one or two
persons shall be:
[Amended 4-19-2006 by Ord. No. 24-2006]
(1)
Zero to five blocks: $5.
(2)
Six to 10 blocks: $10.
[Amended 7-10-2013 by Ord. No. 39-2013]
(3)
Eleven to 15 blocks: $15.
[Amended 7-10-2013 by Ord. No. 39-2013]
(4)
Sixteen blocks and above: $1 per block.
[Amended 7-10-2013 by Ord. No. 39-2013]
(5)
Half-hour tour: $30.
[Amended 7-10-2013 by Ord. No. 39-2013]
(6)
One-hour tour: $50.
[Amended 7-10-2013 by Ord. No. 39-2013]
C.
All rates authorized under this section shall be posted on a rate card conspicuously posted within each rolling chair. The rate card shall also comply with all requirements set forth in the definitions section, § 210-1, above.
[Amended 4-19-2006 by Ord. No. 24-2006]
D.
It shall be unlawful for an owner or operator, at any time or under
any circumstances, to charge a different price than that fixed on
the rate card. Any operator or owner found to be charging more or
less than the rate card price shall be subject to the suspension or
revocation of his or her license by the Director, in addition to any
other penalty hereinafter authorized.
E.
The rates to be charged for the rental of a stationary rolling chair
shall be fixed by the owner of that chair and need not be posted within
that stationary rolling chair but shall be submitted for review and
approval by the Director.
[Added 6-14-2006 by Ord. No. 39-2006]
A.
It shall be unlawful for any operator to:
(1)
Operate a rolling chair while under the influence of intoxicating
liquor or a controlled dangerous substance or to be found in possession
of such liquor or controlled dangerous substance.
(2)
Operate a rolling chair in excess of four miles per hour or in so
careless a manner as to endanger pedestrians in the path or immediate
vicinity of said operator and chair.
(3)
Operate a rolling chair without wearing the photo identification
badge issued by the Mercantile License Bureau on the outside of his
or her clothing and in plain view at all times.
(4)
Solicit the hiring of a rolling chair from any location by use of
the human voice or any mechanical reproduction thereof or by gestures
or any means whatsoever.
(5)
Await passengers in a fixed location other than at designated stands
or immediately adjacent to the southern (oceanside) railing of the
Boardwalk.
(6)
[1]Operate a rolling chair without the proper uniform as defined in Subsection D below or in bare feet.
[Added 2-22-2006 by Ord. No. 10-2006]
[1]
Editor's Note: Former Subsection A(6), regarding the
display of advertisements on rolling chairs, as amended 6-8-1994 by
Ord. No. 38-1994, was repealed 4-26-1995 by Ord. No. 30-1995.
(7)
Allow any other person to operate his or her assigned rolling chair.
B.
An operator who has been found guilty in Municipal Court of violating the provisions of Subsection A(2) or (6) on two separate occasions within a twelve-month period shall, upon such second conviction, be subject to immediate suspension of his license for a period of one year, in addition to any other penalty hereinafter authorized.
[Amended 9-8-2010 by Ord. No. 57-2010]
C.
Operators shall conduct themselves in a decent and proper manner
and shall refrain from the use of profanity while operating a rolling
chair.
D.
Operators shall be neat and clean at all times. All operators shall
be properly attired in a uniform consisting of a collared shirt and
khaki pants or Bermuda-type shorts or white shorts. All shorts worn
must be a minimum length not less than one inch above the knee. Sweat
pants and cutoff shorts are prohibited at all times. All coats, such
as windbreakers and jackets, worn while operating a rolling chair
shall be navy blue or black and solid colors, prohibiting designs,
patterns or stripes. An owner may supply and shall require the rolling
chair operator(s) to wear a standard company uniform and/or additional
outerwear that does not comply with the uniform elements described
above upon the written approval of the Director of Licensing and Inspections.
[Amended 8-8-1990 by Ord. No. 59-1990; 2-22-2006 by Ord. No.
10-2006; 4-19-2006 by Ord. No. 24-2006; 7-26-2006 by Ord. No.
61-2006; 3-13-2013 by Ord. No. 8-2013; 5-8-2013 by Ord. No. 27-2013; 5-30-2017 by Ord. No. 10-2017]
[Amended 6-8-1994 by Ord. No. 38-1994; 4-12-1995 by Ord. No.
27-1995; 4-26-1995 by Ord. No. 30-1995; 6-2-2004 by Ord. No.
46-2004; 2-22-2006 by Ord. No. 10-2006; 4-19-2006 by Ord. No.
24-2006]
A.
Rolling chair stands and staging areas.
(1)
While awaiting passengers at fixed locations, rolling chairs are permitted only in designated rolling chair stands pursuant to § 210-6B.
[Amended 5-30-2017 by Ord. No. 10-2017]
(2)
Rolling chair stands shall only be permitted at locations to be designated
by the Director. The Director shall determine the site and number
of stands based upon their proximity to areas of significant pedestrian
concentration along the Boardwalk. Such locations shall be clearly
demarcated on the Boardwalk and only so large as to contain one rolling
chair. No more than two stands may be placed in front of any one hotel
or other commercial or public facility fronting on the Boardwalk,
and no stand may be located closer than 12 feet from the entrance
to such a facility.
(3)
Rolling chair stands shall be utilized on a first-come-first-served
basis. Second and subsequent operator arrivals must line up in the
staging areas designated by the Director and take a place at the stand
when it becomes vacant. The Director shall promulgate such additional
rules and regulations as he deems necessary to facilitate and control
the reasonable use of rolling chair stands and staging areas, and
said stands shall be utilized in accordance therewith.
[Amended 5-30-2017 by Ord. No. 10-2017]
(4)
While an operator's rolling chair is in the stand area, the
operator may not eat, drink or smoke. Except in inclement weather
when precipitation is falling and for a period not to exceed three
minutes every half hour, an operator may not sit on, in or upon the
rolling chair while in the stand area.
[Added 7-26-2006 by Ord. No. 61-2006]
B.
Rolling chairs shall be operated only on the Boardwalk except when
entering or leaving a rolling chair station.
C.
Rolling chairs shall be operated only on the center ribbon(s) of
the Boardwalk. Where the Boardwalk is less than 60 feet in width,
rolling chairs shall be operated on the third ribbon from the landward
side of the Boardwalk.
D.
No rolling chair may be left unattended while on the Boardwalk except
on an oceanside railing location immediately adjacent to a rest room
facility and then for only as long as the operator is within that
facility.
E.
Operators are prohibited from sleeping in a rolling chair at any
time.
F.
No items shall be placed, stowed or stored on the roof of a rolling
chair at any time nor shall any item be hung from any external area
of the rolling chair.
G.
Advertising shall be permitted on rolling chairs.
H.
All rolling chairs must be removed from the Boardwalk between 5:00
a.m. and 7:00 a.m.
I.
Every owner shall, at all times of operation, maintain a log in a
form approved by the Director for each rolling chair which shall be
available for inspection, and a copy of which provided, at the request
of the Director or his agent. Logs must be maintained with all information
pertaining to the current month. The prior month's log shall
be kept with the current log and also available for inspection and
copying if requested. The log(s) shall include the following documentation
for each shift of operation (which shift shall in no event be in excess
of one day), in addition to such other information deemed necessary
by the Director:
[Amended 7-26-2006 by Ord. No. 61-2006]
J.
Prior to assigning a rolling chair to an operator, the owner shall
be provided with satisfactory evidence, in the form of the operator's
photo identification badge, that said individual holds a valid operator
license.
K.
No operator shall bring onto the Boardwalk more than one rolling
chair nor shall any operator operate more than one rolling chair at
any time.
L.
All operators
shall issue to passengers on company-provided pre-printed forms a
written receipt at the conclusion of each trip including the following
information:
[Added 6-27-2012 by Ord. No. 47-2012]
M.
The contractor shall solicit advertising to be placed on the rolling
chair. All contractual agreements for advertising and content must
be reviewed and approved by the Director. The City shall receive 50%
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.
[Added 5-30-2017 by Ord.
No. 10-2017]
A.
The Director shall have the authority to promulgate such additional
rules and regulations as he deems reasonably necessary for the inspection,
licensing and control of rolling chair operations, operators and owners,
and such rules and regulations shall be kept on file with the City
Clerk of Atlantic City and shall be made available upon request by
any interested party.
B.
The Director is authorized and empowered to revoke, suspend or withhold
approval of the license of any applicant, operator or owner for sufficient
cause, based upon a violation of any provision of this article or
in furtherance of the health, safety and welfare of Atlantic City.
Except as provided for hereinafter, such action shall only be taken
after affording the applicant, operator or owner an opportunity for
a hearing, by written notification which shall be provided to the
applicant, operator or owner by certified mail, return receipt requested,
to his or her last known address or by personal service, at least
five days prior to the hearing.
[Amended 5-30-2017 by Ord. No. 10-2017]
C.
The aforesaid notice shall contain the date, time and location of
the hearing, as well as the specific reasons for the intended revocation,
suspension or applicant rejection. The failure of the individual or
designated corporate officer to appear for such hearing shall be deemed
a default, and the Director shall proceed with his anticipated action
against the license or application.
D.
The Director is further authorized and empowered to suspend, pending
the hearing, any license or to impound any rolling chair if he deems
that the health, safety and welfare of the community is in immediate
jeopardy by the licensee's continued operation.
E.
The Administrative Review Board shall hear any and all appeals from
determinations made by the Director under this section.
[Added 6-8-1994 by Ord. No. 38-1994]
F.
The Director or his designee is further authorized and empowered
to tow any rolling chair from the Boardwalk that has been unattended
or abandoned or has been determined by an inspector to be in a condition
dangerous to the public and has not been removed or satisfactorily
repaired by the operator. The owner shall be responsible for the same
fees charged for the towing and storage of a motor vehicle by the
City.
[Added 4-19-2006 by Ord. No. 24-2006]
[Amended 11-25-2008 by Ord. No. 104-2008; 8-4-2010 by Ord. No.
52-2010]
A.
The owner of said rolling chair license and/or any person violating
any provision of this article shall, upon conviction in the Municipal
Court, be punished by a fine not exceeding $2,000 or imprisonment
not exceeding 90 days, or both.
B.
Each day's operation of an unlicensed rolling chair shall constitute
a separate violation of this article for both the operator and owner.
C.
Each time a rolling chair is found operating on the Boardwalk in
violation of any provision of this article, it shall constitute a
separate and distinct offense without regard to whether such chair
shall have been so operated on the same or different days. This provision
shall apply similarly to an unlicensed operator.[1]
[1]
Editor's Note: Former Art. II, Use of Motorized Chairs
on Boardwalk, adopted 11-23-1988 by Ord. No. 65-1988, which immediately
followed, was repealed 6-8-1994 by Ord. No. 38-1994.
