[HISTORY: Adopted by the Township Committee of the Township of Hillsborough 9-12-1995 by Ord.
No. 95-33 (Ch. 193 of the 1977 Code); amended in its entirety 12-19-2001 by Ord.
No. 2001-50. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 143.
As used in this chapter, the following terms shall apply:
Includes any automobile or motor car with a seating capacity of not
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, 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. Nothing in this chapter shall be construed to
include taxicabs, hotel buses or buses employed solely in transporting school
children or teachers or autobuses which are subject to the jurisdiction of
the Department of Transportation or interstate autobuses required by federal
or state law or regulations of the Department of Transportation to carry insurance
against loss from liability imposed by law on account of bodily injury or
death.
Includes the business of carrying passengers for hire by limousines.
Includes any individual co-partnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed by
any court whatsoever.
Includes any street, avenue, park, parkway, highway or any other
public place.
Includes any automobile or motor car, commonly called “taxi,”
engaged in the business of carrying passengers for hire which is held out,
announced or advertised to operate or run or which is operated or run over
any streets or public highways of this state, and particularly accepts and
discharges such persons as may offer themselves for transportation from points
or places within or without the state.
A.
Registration for licenses for limousines or taxicabs
shall be made by the owners, lessee or bailee upon forms to be furnished by
the Township Clerk, and such application shall contain the full name and address
of the owner, lessee or bailee and also the applicant, the type of vehicle
for which the license is desired, the length of time the vehicle has been
in use, the number of persons it is capable of carrying, the location where
the limousine or taxicab shall be stored when not in use, and proof of the
required insurance, including the name of the insurance company, the number
and dates of expiration of the policy, a description of every limousine and/or
taxicab insured thereunder, and the registration number of same. The application
shall have affixed thereon an affidavit to be sworn to by the applicant.
B.
Limousine licenses are required only when the owner of
the limousine service maintains his principal place of business in the Township
of Hillsborough and, therefore, said applicants must present proof that the
principal place of business is in the Township of Hillsborough, New Jersey.
Acceptable proof is a current New Jersey driver's license, motor vehicle registration
or a copy of a tax bill or lease if the location is in a business or commercial
zone.
C.
All limousine license applicants must file a duplicate copy of the municipal license issued, all applicable insurance information as set forth herein and a power of attorney appointing the Director of the Division of Motor Vehicles their true and lawful attorney for the acceptance of service of process as set forth in § 193-5A, with the Division of Motor Vehicles before any car is registered as a limousine.
D.
The registrant, when applicable shall also provide at
that time, a zoning permit obtained from the Municipal Zoning Officer for
the operation of its limousine or taxicab business.
[Amended 7-28-1998 by Ord.
No. 98-26]
No limousine, the owner of which maintains his principal place of business
in the Township of Hillsborough, or taxicab, shall operate hereafter upon
the streets of the Township of Hillsborough without first obtaining a registration
which registration shall be issued to expire when the motor vehicle registration
expires. The annual fee to be paid for such registration of each vehicle,
commencing January 1, 1999, shall be as follows:
1 - 10 vehicles
|
$50 per vehicle
|
Starting with the 11th vehicle
|
$30 per vehicle
|
No such limousine or taxicab shall be operated wholly or partly along
any street in the Township of Hillsborough until the owner of the limousine
or taxicab shall have filed with the Township Clerk of Hillsborough a copy
of a completed insurance policy of a company duly licensed to transact business
under the insurance laws of this state in the sum of $1,500,000 for limousines
and $100,000 for taxicabs against loss by reason of the liability imposed
by law upon every limousine or taxicab owner for damages on account of bodily
injury or death suffered by any person as the result of an accident occurring
by reason of the ownership, maintenance or use of the limousine or taxicab
upon any public street. The insurance policy shall provide for the payment
of any final judgment recovered by a person on account of the ownership, maintenance
and use of such limousine or taxicab or any fault in respect thereto and shall
be for the benefit of every person suffering loss, damage or injury in the
aforesaid.
A.
Limousines. The owner of a limousine shall execute and
deliver to the Clerk of the municipality a power of attorney wherein and whereby
the owner shall appoint the Director of the New Jersey Division 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 upon the insured
by virtue of the indemnity granted under the insurance policy filed.
B.
Taxicabs. The owner of a taxicab shall execute and deliver
to the Clerk of the municipality a power of attorney wherein and whereby the
owner shall appoint the chief fiscal officer of the Township of Hillsborough
his true and lawful attorney for the purpose of acknowledging service of any
process out of a court of competent jurisdiction to be served upon the insured
by virtue of the indemnity granted under the insurance policy filed.
The Township Clerk, upon the filing of the required insurance policy,
shall issue a certificate, in duplicate, showing that the owner of the limousine
or taxicab has complied with the terms and provisions of this chapter. Such
certificate shall recite the name of the insurance company, the number and
date of expiration of the policy, a description of every limousine or taxicab
insured thereunder and the registration of the same. A duplicate certificate
shall be filed with the Division of Motor Vehicles before any such car is
registered as a limousine or taxicab. The original certificate shall be posted
in a conspicuous place within the limousine or taxicab.
The Township Clerk shall keep a register of the name of each person
owning or operating a limousine or taxicab registered under this chapter together
with the license number and the description, make and dimension of such vehicles,
with the date of the certificate of compliance with the insurance provisions
as set forth therein.
Nothing in the chapter shall exempt any person owning or operating any
limousine or taxicab from complying with the law relating to the ownership,
registration and operation of automobiles in this state.
The Township Committee, may, in its discretion, and after notice and
hearing, refuse to issue, renew, revoke or suspend any license issued to limousine
or taxicab owners under this chapter where the applicant or licensee has once
been convicted of a crime involving moral turpitude in this or any other jurisdiction
or who has violated any provision of the chapter or who has failed or fails
to render a reasonable, prompt, safe and adequate formal, private automobile,
livery or limousine service.
Any persons, firm or corporation violating any of the provisions of this chapter shall upon conviction, be deemed guilty of a Class A violation punishable as provided in Chapter 1, General Provision, Article II, and, in addition thereto, the license provided by this chapter shall be suspended, pending action by the Township Committee with respect to suspension or revocation of said license in accordance with the terms of this chapter. It shall be the duty of the Municipal Court Judge to notify the Township Committee of all convictions of violations of the terms of this chapter.