[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank 9-27-2017 by Ord. No.
2017-32. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any motor vehicle fueled with clean-burning compressed natural
gas, gasoline permitted only as a backup fuel source.
An autobus for hire and shall include any motor vehicle for
hire engaged in carrying individual passengers, which is operated
over and upon the streets of the Borough. A jitney shall be constructed
and intended to accommodate 13 passengers on routes established wholly
within the limits of the Borough.
The individual designated to accept applications for licenses
and to issue licenses in accordance with this chapter.
Means and includes an individual, sole proprietorship, partnership,
limited partnership, corporation, or limited-liability company.
Means and includes any street, avenue, land or public place
in the Borough utilized for vehicular jitney traffic.
Any motor vehicle that produces zero exhaust emissions of
all criteria pollutants under all possible operational modes and conditions.
A.
No person shall operate a jitney within the Borough of Red Bank without
obtaining from the licensing clerk a license issued to that person
pursuant to this chapter. The Borough Council is the issuing authority
of all jitney licenses, and shall annually determine the number of
licenses, routes, and stops of all jitneys.
B.
A license shall be valid for a period of one year from the date of
issue and shall be renewed prior to expiration. No jitney shall be
operated if the renewal license is not granted by the expiration of
the existing license. All applications for license renewal shall be
made in writing and filed with the licensing clerk.
An application for a jitney owner-operator's license shall
be filed with the licensing clerk upon forms provided by the Borough
for that purpose. The application shall require disclosure of the
following information:
A.
The name, address, and date of birth of the applicant.
(1)
If the application is a corporation, its name, address of its principal
place of business and the name and address of its registered agent
must be supplied. In addition, a copy of the certificate of incorporation
shall be filed with the application.
(2)
If the application is a limited-liability company, its name, address
of all members and address of the registered agent shall be submitted
in addition to a copy of the certificate of formation of the limited-liability
company and a current operating agreement, if any.
(3)
If the application is a partnership, the same information required
of an individual application shall be required for each of the partners.
B.
The applicant will cooperate with an agency authorized by the Borough
of Red Bank to complete a background check of the applicant, including
any history of commission or violation of any criminal or quasi-criminal
statutes including, but not limited to, traffic laws and municipal
ordinances.
(1)
In the event that the applicant is a corporation, the background
investigation shall include all officers of the corporation and, if
practical, the shareholders.
(2)
In the event that the applicant is a limited-liability company, such
investigation shall include all officers of the corporation and, if
practical, the shareholders.
(3)
In the event that the applicant is a partnership, such investigation
shall be required of each partner, whether full or limited partners.
C.
The type of motor vehicle, the name of the manufacturer, the New
Jersey vehicle registration number, vehicle insurance policy particulars,
and valid New Jersey driver's license(s) of the intended operators
of the jitney(s).
D.
Proof that the vehicle must meet all requirements to make it a CNG
or ZEV vehicle, as defined herein.
E.
Proof that the seating capacity of the vehicle, according to its
trade factory rating, is intended to accommodate 13 passengers or
20 passengers, as permitted by N.J.S.A. 48:16-23.
F.
A complete description of the vehicle, both inside and out, including
whether the vehicle has been converted for jitney use and, if so,
the name and place of business of the individual doing the conversion.
G.
Previous experience of the applicant in the transportation of passengers
for hire, including the name of any other state or municipality where
the applicant has ever been licensed, or is currently licensed, to
operate a jitney and whether said license was ever suspended or revoked
or whether an application for the issuance or renewal of a license
was ever denied and the reasons for the denial, suspension, or revocation.
H.
The names and addresses of three individuals who are not members
of the applicant's immediate family, who can verify the applicant's
good character and business and financial responsibility to operate
a jitney.
I.
Any other facts that the applicant believes would have any effect
on the decision to grant or deny the jitney license.
J.
Any other information which the Borough Council may prescribe.
K.
All applications shall be verified by oath or affidavit before a
notary public or some other person fully authorized to administer
oaths. Applications by a partnership shall be verified by all partners,
applications by a corporation shall be verified by the President or
Vice-President, and applications by a limited-liability company shall
be verified by any member.
L.
Once an application is complete and the applicant pays a nonrefundable
application fee in the amount of $150, the licensing clerk shall transmit
the completed application to the Chief of Police, or the approved
agency for investigations responsible for the conduct of investigations
for each applicant, to be submitted to the Red Bank Police Department
when completed.
A.
The holder of a jitney license pursuant to the provisions of this
chapter shall be responsible for any violations of this application
and of the laws of the State of New Jersey. Every licensed driver
is the agent, servant and employee of the holder of the license of
the vehicle being operated by said licensed driver.
B.
The Chief of Police or his designee, or investigating agency shall
be responsible for the conduct of an investigation into each applicant
for a jitney license hereunder. Each applicant shall submit to fingerprinting
by the investigating agency. In the case of a corporation, partnership
or limited-liability company, the investigation shall include an investigation
of the individual designated by such entity as the driver of the vehicle
in the Borough of Red Bank, who shall also be fingerprinted. Each
applicant shall submit to fingerprinting by the investigating agency.
The investigation shall concern all matters stated in the application
and shall determine whether the applicant for such license has any
criminal record and if so the circumstances of such record including
the date, results of such investigation together with recommendations
by the Chief of Police as to whether such license should be granted
or denied supported by the reason(s) for such recommendation shall
be forwarded to the licensing clerk who shall deliver the report to
the Borough Clerk. The Borough Clerk shall in turn make such report
available to the individual members of Borough Council. A copy of
the report shall also be sent to the applicant.
As a condition of conducting the investigation referred to in § 412-4 of this chapter, each applicant, by submitting an application for a jitney license, authorizes the Chief of Police and the Red Bank Police Department to release the results of such investigation to the Borough Council, Mayor, Business Administrator, Borough Clerk, Code Enforcement Officer, Borough Attorney and licensing clerk. No such investigation shall be undertaken without such written authorization by the applicant.
The Borough Council shall, by resolution, act upon the owner-operator's license application within 60 days of receipt of the investigation report from the Chief of Police. If the Chief of Police recommends granting the license and if the report discloses no reason which would justify denying the license, the Borough Council may proceed to issue the license without a hearing as defined hereafter in § 412-7.
If the recommendation of the Chief of Police is to deny the
license, or if Borough Council is satisfied that there are reasons
which would justify the denial of the issuance of the license separate
and apart from the recommendation of the Chief of Police, or the revocation
of an existing license, the applicant shall be granted a hearing before
Borough Council prior to final determination. The applicant shall
receive notification of the date and time for such hearing which shall
be scheduled within 60 days from the denial date or notice of revocation,
and such hearing shall be commenced and concluded within the immediately
succeeding 30 days. If the applicant refuses the opportunity to appear
for a hearing, then Borough Council shall proceed to grant or deny
the license, or revoke an existing license, in the exercise of its
discretion.
A.
The holder of a jitney license may be permitted to substitute a vehicle
in place of a duly licensed vehicle; provided, however, written notice
of substitution of the vehicle shall have first been filed with the
licensing clerk and approval given by the licensing clerk, which written
notice shall consist of the following:
B.
If such substitution is approved for a vehicle the Borough-issued
identification number shall then be identified with the vehicle.
A.
License term. The term of a jitney license shall be from January
1 through December 31. A license issued after January 1 shall be valid
for the balance of the calendar year in which it is issued.
B.
Renewal. A renewal jitney license may be issued upon the applicant
completing and filing a renewal application and verifying by oath
or affirmation that there have been no changes in the information
contained in the issuance of the initial application and that he or
she has continued to comply with all laws of the State of New Jersey
relating to the operation of jitneys and is not in violation of any
provisions of this chapter. A criminal records check shall be required
of renewals.
C.
Franchise tax. Every person, as herein defined, owning and operating
a jitney within the Borough of Red Bank shall, on or before the 10th
day of each calendar month, file with the Borough Clerk a statement,
verified by oath, showing the gross receipts from the business of
said jitney during the preceding calendar month, and shall at the
same time pay to the Borough Clerk 5% of such gross receipts as a
monthly franchise tax.
The jitney license card issued to a licensee shall be issued
by the licensing clerk after the applicant has successfully completed
the approval process. The applicant's license card shall at all
times be prominently displayed and adequately protected in the interior
of any jitney operated by the licensee so that the face thereof shall
be at all times in full view and plainly legible to any passengers
seated on the jitney. The license card shall at all times be and remain
the property of the Borough of Red Bank. No license card, other than
that of the person actually operating the jitney at the time, shall
be displayed thereto.
Each motor vehicle operating as a jitney in the Borough of Red
Bank shall have permanently affixed a permanent insignia designating
such motor vehicle as a jitney license by the Borough of Red Bank.
The insignia shall be located on the rear bumper.
On all authorized jitney routes there may be charged a fare
at the discretion of the owner-operator. Only one fare can be charged
for each seat in the vehicle.
The Borough Council shall establish by resolution all routes
and stops to be utilized by jitneys. All owner-operators shall operate
their jitneys on the route designated by Borough Council. In the event
of a detour that prevents the jitney from following the designated
route, the jitney may take the shortest, safest alternate route that
will permit the owner-operator to resume operating on the designated
route.
As a condition for the issuance of a license hereunder, the
applicant for a jitney license shall, in accordance with the provisions
of N.J.S.A. 48:16-24, file with the Borough Clerk an insurance policy
attesting that the person and/or owner-operator is insured under a
policy of comprehensive, general liability insurance. The limits of
said insurance shall be not less than $300,000 per occurrence. The
insurance policy, or an accompanying document, shall obligate the
liability insurer to notify the Borough Clerk and Business Administrator
of the Borough of Red Bank if any change occurs in the policy or if
the policy is terminated or canceled for any reason. In accordance
with the provisions of N.J.S.A. 48:16-24, each owner-operator shall
execute and deliver to the Borough Clerk concurrently with the filing
of the policy referred to above, a power of attorney wherein and whereby
the said owner-operator shall nominate, constitute and appoint the
Borough Clerk as the owner-operator's 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.
A.
Any license issued hereunder may be revoked or suspended or any application
for renewal may be denied for cause. Cause shall be deemed to be any
reason set forth in the Code of the Borough of Red Bank for the suspension
or revocation of any licenses as well as for any one or more of the
following reasons:
(1)
Failure to provide complete and truthful information on the application
for a jitney license or on any documentation or information required
to be provided as part of the license application process;
(2)
Failure to maintain liability insurance required by the chapter;
(3)
Failure to comply with the motor vehicle laws of the State of New
Jersey;
(4)
Failure to comply with the Ordinances of the Borough of Red Bank;
(5)
Suspension or revocation of the applicant's driving privileges
in the State of New Jersey;
(6)
Operating a jitney in a reckless or grossly negligent manner within
the Borough of Red Bank or habitually operating a jitney in a negligent
manner within the Borough of Red Bank;
(7)
Violation of the criminal laws of the State of New Jersey, other
states and federal laws.
B.
Before taking any such action to revoke or suspend a license or deny an application for renewal, the aggrieved party shall be notified in writing of the reasons for the revocation, suspension or denial of renewal, entitled to a hearing before Borough Council in accordance with the provisions of § 412-7. Notice of revocation or suspension shall be provided by personal service or by certified mail, return receipt requested, sent to the address in the licensee's application or such other address as may be provided by the licensee.
A.
The following rules and regulations shall be applicable to all licensees:
(1)
No license to own or operate any jitney shall be granted to any person
who is not a licensed driver in the State of New Jersey, or any other
state of the United States.
(2)
Where a licensee has been convicted of a crime in any city, county,
state or federal court, upon conviction, the licensing clerk may revoke
the license of the jitney owner-operator upon notice and hearing.
(3)
The licensing clerk or the Chief of Police or their designee shall
take official cognizance of any and all misconduct, deceit, fraud,
subterfuge or actions of any jitney licensee which are against the
best interest of the public or the jitney industry itself, regardless
of whether or not such actions are specifically covered in this chapter.
It shall also be the direct responsibility of all departments to bring
such actions to the attention of the Borough Clerk.
(4)
It shall be unlawful for the holder of any license issued under this
section to transfer the license to any person.
(5)
It shall be unlawful for any person making application for any license
or identification card to willfully make any false statement as to
any of the matters required to be stated in such application. False
statements are grounds to deny or revoke a license.
(6)
It shall be unlawful to drive or operate any jitney while that jitney
is carrying more than 13 passengers or more than 20 passengers, as
applicable, in accordance with N.J.S.A. 48:16-23. Each passenger must
be seated while the jitney is in motion. Passengers must be treated
with courtesy and respect; repeated complaints against owner-operators
will be grounds for disciplinary action initiated by the Red Bank
Police Department.
(7)
It shall be unlawful for the owner-operator of any jitney to bypass
any prospective customer when there is space available on the jitney.
Any complaints concerning the bypassing of a prospective customer
by a jitney owner-operator shall be processed and handled by the Red
Bank Police Department or the Borough Clerk.
(8)
The Borough Council may also establish by resolution such additional
rules and regulations as it may be deemed necessary to further the
purposes of this chapter.
B.
The following rules shall apply to the operation of jitneys:
(1)
There shall be no smoking on jitneys.
(2)
Only a licensed jitney can be used on a prescribed jitney route.
(3)
Unsanitary, inadequate, unclean, or unsafe jitneys will not be permitted
to operate.
(4)
All accidents must be reported to the Red Bank Police Department
as soon as possible after the occurrence.
(5)
Jitney owner-operators must notify the licensing clerk in accordance with § 412-8 when a change of license number or registration number occurs.
(7)
It shall be unlawful for any person riding a jitney to drink intoxicating
liquors or be under the influence of drugs of any kind.
(8)
Drivers must be neat and clean at all times. No shirts without collars
are permitted. Bare feet are prohibited. Exterior tops and bottoms
must be worn.
(9)
If a jitney breaks down and is unable to continue, passengers must
be refunded any collected fares in full.
(10)
It shall be unlawful for any jitney to stop for the purpose
of receiving or discharging passengers within 15 feet from the intersection
of streets.
