[HISTORY: Adopted by the Township Committee of the Township of Hamilton 7-17-2006 by Ord. No. 1568-2006. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 111, Autocabs, adopted 6-17-1946 by Ord. No. 110.
As used in this chapter, the following terms shall have the meaning indicated:
- A limousine.
- Any person who drives a limousine within this Township.
- A motor vehicle used in the business of carrying passengers for hire to provide prearranged passenger transportation at a premium fare on a dedicated, nonscheduled, charter basis that is not conducted on a regular route and with a seating capacity in no event of more than 14 passengers, not including the driver, provided that such a vehicle shall not have a seating capacity in excess of four passengers, not including the driver, beyond the maximum passenger seating capacity of the vehicle, not including the driver, at the time of manufacture. Nothing in this definition shall be construed to include taxicab, hotel buses or buses regulated by the New Jersey Department of Transportation.
- LIMOUSINE SERVICE
- Includes the business of carrying passengers for hire by limousine.
- Includes any individual, copartnership, association, corporation or joint-stock company.
- PRINCIPAL PLACE OF BUSINESS
- The location of the main place of business of the limousine service in the municipality where limousine service is conducted, where limousines are dispatched, or where limousine drivers report for duty.
- Includes any street, avenue, park, parkway, highway, boulevard or other public place.
- The Township of Hamilton, Atlantic County, New Jersey.
There are hereby established two classes of limousine licenses, to be known as "limousine owner's license" and "limousine driver's license."
Limousine owner's license. A limousine owner's license shall entitle the limousine therein described to be operated anywhere within this Township by a driver duly licensed hereunder, until such license either expires or is surrendered, suspended or revoked, and shall not be transferable. There shall be no limit to the number of limousine owner's licenses issued.
Limousine driver's license. A limousine driver's license shall entitle the person named therein to operate within this Township any limousine duly licensed hereunder, until the license either expires or is surrendered, suspended or revoked, and shall not be transferable. There shall be no limit to the number of limousine driver's licenses issued.
An owner of a limousine service having his or her principal place of business in the Township of Hamilton must obtain a license for said service from the Municipal Clerk of the Township of Hamilton as hereinafter provided.
Each driver of a limousine service having his or her principal place of business in the Township of Hamilton must obtain a limousine driver's license from the Municipal Clerk of the Township of Hamilton.
Applications for licenses shall be made in writing, upon forms provided by the Township of Hamilton, signed by the applicant before a notary public or another person duly authorized to administer oaths and filed with the Municipal Clerk. Said applications shall contain or be accompanied by the following:
The name, age and residence of the applicant.
If a partnership, the names, ages and residents of all partners, along with the business address of the partnership.
If a corporation, the names, ages and residences of its president, secretary and treasurer. Applications made by a corporation shall be signed in its name by the president and attested by the secretary.
The serial number, type, color, year and make of the limousine, the state registration number, number of doors on said vehicle and number of persons the vehicle can carry as passengers.
A certificate of compliance attesting that the applicant has complied with all state statutes governing limousine services.
Copy of an insurance policy, pursuant to N.J.S.A. 48:16-14, by a company duly licensed to transact business under the insurance laws of this state, in the sum of $1.5 million against loss by reason of the liability imposed by law upon every limousine for damages on account of bodily injury or death suffered by a person as a result of an accident occurring by reason of the ownership, maintenance or use of the limousine on any public street. This policy must state the name of the insurance company, the number and the date of expiration of the policy and a description of every limousine insured thereunder and the registration number of the same.
The operation shall be permitted only so long as the insurance policy remains in full force and effect as to the full and collectible amount of $1.5 million. Limousine owners, or anyone on their behalf, shall not undertake to cancel or have canceled any such policy without giving the Municipal Clerk 10 days' notice of the intention to do so.
The insurance policy shall provide for the payment of any final judgment covered by any person on account of the ownership, maintenance and use of such limousine upon any public street or any fault in respect thereto and shall be for the benefit of every person suffering loss, damage or injury as aforesaid.
Every person operating a limousine, whether an owner and/or driver, who is transporting a child under five years on the roadways, streets or highways of this Township, shall be responsible for the protection of the child by properly using a child passenger restraint system that complies with federal vehicle safety, N.J.S.A. 39:3-76.2a.
Power of attorney. The owner of the limousine shall execute and deliver to the Division of Motor Vehicles, concurrently with the filing of a certificate of insurance, a power of attorney, wherein and whereby the owner shall appoint the Director of Motor Vehicles his true and lawful attorney for the purpose of acknowledging service of any process out of a court of competent jurisdiction to be served against the insured by virtue of the indemnity granted under the insurance policy filed.
No limousine owner's license shall be issued until the location of the business is approved by the Zoning Officer.
The owner and operator of each limousine operating in the Township shall keep the limousine in good running order so that it makes a presentable appearance and is in compliance with all current Division of Motor Vehicle (DMV) regulations. The owner of each limousine shall have each limousine presented to the Chief of Police or his designee prior to the issuance or renewal of the limousine owner's license and thereafter upon the request of the Chief of Police or his designee so that it may be inspected to determine whether it complies with the provisions of this article.
A nonrefundable limousine license fee which shall not exceed a total sum of $50 for each limousine service plus $10 for each limousine which is covered under the required insurance policy. This license is nontransferable and shall be valid from its date of issue until December 31 of the same year. Thereafter, a renewal license shall be valid for one year from January 1 until December 31. There will be no proration of the fee.
[Amended 1-22-2013 by Ord. No. 1736-2013]
No lettering, emblem or advertising may be placed on a licensed limousine.
Limousine drivers shall not solicit business in a manner similar to that of a taxicab or attempt to solicit business by knowingly misleading a prospective passenger.
Applications for licenses shall be made in writing, upon forms provided by the Township of Hamilton, signed by the applicant before a notary public or another person duly authorized to administer oaths and filed with the Municipal Clerk. Said applications shall contain or be accompanied with the following:
The name, residence and age of the applicant. The name and address of the applicant's employer.
A valid New Jersey driver's license.
A copy of the written notification of the Commissioner of Transportation's determination that the applicant is qualified for employment as a limousine driver.
A certificate from a licensed physician of the State of New Jersey, at the applicant's expense, certifying that the applicant has been examined within the preceding 30 days and that such applicant has no infirmity of body or mind, or visual impairment or deficiency which might render the applicant unfit for the safe operation of a limousine.
Two recent photographs, being not less than 1 1/4 inches in height by one inch in length, of the applicant.
A nonrefundable limousine driver's license fee of $50 per year. This license is nontransferable and shall be valid from its date of issue until December 31 of the same year. Thereafter, a renewal license shall be valid for one year from January 1 until December 31. There will be no proration of the fee.
The Township Clerk, upon filing of the required application and attachment and with the approval of the Township Committee, shall issue a license in duplicate, showing that the owner of the limousine service has complied with the terns and provisions of this chapter.
The license shall state the name of the insurance company, the number and date of the expiration of the policy and a description and the registration number of each limousine insured thereunder. The duplicate license shall be filed with the Division of Motor Vehicles before any such vehicle is registered as a limousine service.
A limousine shall not be operated for service within the Township unless the driver thereof has been issued a valid limousine driver's license.
The original license shall be retained within the limousine and shall be available for inspection by any police officer of the state.
No limousine shall operate on the highways of this state unless it has a license issued and the limousine is equipped, in accordance with minimum standards established by the Director of the Division of Motor Vehicles and the Department of Transportation, with:
A two-way communications system, which at a minimum shall provide for communication to a person outside the vehicle for a distance of not less than 100 miles and which requirement may be satisfied by a mobile telephone;
A removable first-aid kit and an operable fire extinguisher, which shall be placed in an accessible place within the vehicle;
Sideboards attached to the permanent body construction of the vehicle if the height of the vehicle floor is 10 inches or more above ground level.
Any person found guilty of violating any of the provisions of this chapter shall be liable to a fine of not more than $1,000 or imprisonment for not more than 90 days, or both. In addition thereto, any license issued pursuant to this chapter may be suspended or revoked, which shall include crimes of moral turpitude. Each succeeding day of a violation may be construed as a new violation.