[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken 6-20-2018 by Ord. No. B-44.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parking permits — See Ch. 141A.
Taxicabs — See Ch. 179A.
Shuttle buses — See Ch. 180.
Vehicles and traffic — See Ch. 190.
[1]
Editor's Note: This ordinance superseded former Ch. 180A,
Limousines, adopted 2-6-2008 by Ord. No. DR-347, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
The driving of any limousine vehicle on the streets, alleyways
or other public places of the City in search of or soliciting prospective
passengers for hire.
Any automobile or motor car which is issued special registration
plates bearing the word "limousine" pursuant to Section 12 of P.L.
1979, c. 224 (N.J.S.A. 39:3-19.5), and is engaged 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 motor 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. A limousine shall not include a vehicle owned
and operated directly or indirectly by a business engaged in the practice
of mortuary science when that vehicle is used exclusively for providing
transportation related to the provision of funeral services. This
definition shall include a livery and/or autocab.
Includes the business of carrying passengers for hire by
limousines, autocabs, and/or livery services.
Includes any individual, copartnership, association, corporation
or joint-stock company, their lessees, trustees or receivers appointed
by any court whatsoever.
Includes any street, avenue, park, parkway, highway or other
public place.
To sell, transfer or in any other manner dispose of a limousine
license. Where the license is in the name of a corporation or other
legal entity, any change in ownership or control of the corporate
entity holding the license shall constitute a "transfer" of the license
held in the name of said corporation or other legal entity. The Division
of Taxi and Limousine Licensing shall determine what constitutes a
change in control.
A.
Two types of licenses may be issued for limousines in the City of
Hoboken, as follows:
(1)
A limousine service with its principal place of business located in the City of Hoboken shall be issued a license upon proof of compliance with the requirements of Article 2 of Chapter 16 of Title 48 of the Revised Statutes (N.J.S.A. 48:16-13 through N.J.S.A. 48:16-22.6).
(2)
A limousine service operating on an intramunicipal, point-to-point
basis within the City of Hoboken shall be issued a license as authorized
by N.J.S.A. 48:16-17.
B.
Application for both licenses indicated above shall be made by the
owner, lessee or bailee upon forms to be furnished by the Division
of Taxi and Limousine Licensing.
C.
Such applications 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 and the
location where the limousine shall be stored when not in use.
D.
The application shall have affixed thereon an affidavit to be sworn
to by the applicant.
E.
Applicants must present proof that the principal place of business
is located in the City of Hoboken, New Jersey.
F.
All applications shall include proof of compliance with the requirements of Article 2 of Chapter 16 of Title 48 of the Revised Statutes (N.J.S.A. 48:16-13 through N.J.S.A. 48:16-22.6), including but not limited to:
(1)
Proof of insurance (as further delineated herein);
(2)
Power of attorney (as further delineated herein);
(3)
Proof that the limousine is equipped in accordance with the minimum
standards established by the Director of the Division of Motor Vehicles
in the Department of Transportation with a two-way communications
system; a removable first aid kit and an operable fire extinguisher;
and 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 (as fully delineated in N.J.S.A. 48:16-22.1); and
(4)
Proof of compliance with the inspection requirements delineated in
N.J.S.A. 48:16-22.2.
A.
No person shall operate or permit to be operated a limousine providing
service on an intramunicipal, point-to-point basis within the City
without having first obtained a license from the Hoboken Division
of Taxi and Limousine Licensing.
B.
The application for a license to operate on an intramunicipal, point-to-point basis shall include the information delineated above in § 180A-2 and shall be accompanied by a fee in the amount of $50. A license shall be issued upon confirmation by the Division of Taxi and Limousine Licensing that all of the information and documentation required by § 180A-2 has been submitted and upon receipt of the fee.
C.
Licenses in accordance with this section shall be issued to expire
12 months next succeeding the date of registration and insurance renewal,
unless sooner suspended or revoked by the Division of Taxi and Limousine
Licensing.
A.
Where the owner of a limousine service has his or her principal place of business located in the City of Hoboken, after receipt of the application and required documentation, the City Clerk shall issue in duplicate a license to operate, showing that the owner of the limousine has complied with the terms and provisions of Article 2 of Chapter 16 of Title 48 of the Revised Statutes, upon the filing of the required insurance policy and the payment of a fee in the amount of $50 for each limousine service plus $10 for each limousine which is covered by the required insurance policy.
B.
Licenses in accordance with this section shall be issued to expire
12 months next succeeding the date of registration and insurance renewal,
unless sooner suspended or revoked by the Division of Taxi and Limousine
Licensing.
No limousine service shall be operated wholly or partly along
any street in the City of Hoboken until the owner of the limousine
service has filed with the Hoboken City Clerk and the Division of
Taxi and Limousine Licensing an insurance policy of a company duly
licensed to transact business under the insurance laws of this state
in the sum of $1,500,000, required to be provided by law against loss
by reasons of the liability imposed by law upon every autocab, limousine
or livery service 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 autocab, limousine
or livery service upon any public street. The insurance policy shall
provide for the payment of any final judgment recovered by any person
on account of the ownership, maintenance and use of such autocab,
limousine or livery service or any fault in respect thereto and shall
be for the benefit of every person suffering loss, damage or injury
in the aforesaid.
The owner of the limousine service shall execute and deliver
to the City Clerk and the Division of Taxi and Limousine Licensing
a power of attorney wherein and whereby the owner shall appoint the
Director of the Division of Motor Vehicles his or her 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.
No person shall operate any limousine for hire within the City
without having first obtained a license as a driver from the Division
of Taxi and Limousine Licensing, and no person under the age of 18
years shall be so licensed. A license shall issue, upon submission
of an application on the form provided by the Division of Taxi and
Limousine Licensing, a valid driver's license, proof of compliance
with the requirements set forth in N.J.S.A. 48:16-13 et seq., including
but not limited to the background check and certification requirements,
and proof of compliance with any other licensing requirements for
limousine drivers set forth by the New Jersey Motor Vehicle Commission.
No limousine licensed under this chapter is permitted to display
any form of advertising on the vehicle either by painted lettering
or affixed placards.
A.
No limousine license may be sold, assigned or otherwise transferred
without the prior written consent of the City Council. No limousine
license shall be mortgaged, pledged or otherwise transferred to secure
a debt, loan, advance or other financial transaction.
B.
A limousine license holder shall at no time drive a limousine licensed
by a different limousine license holder. Such conduct shall result
in both limousine licenses being suspended, or, after a hearing, revoked.
A.
No driver shall solicit passengers on any City street, parking lot,
taxi stand or other location where vehicles may enter or stand, nor
shall any driver engage in "cruising" as defined in this chapter.
Furthermore, no driver shall pick up any passenger in response to
a signal, hail, gesture or call, except telephone calls, made from
a passenger on a City street, parking lot, taxi stand or other location
where vehicles may enter or stand. A driver shall only be permitted
to respond to a telephone request for a pickup.
B.
Drivers shall maintain trip logs which detail the scheduled trips/pickups,
including those arranged by telephone call, and shall provide these
logs to any authorized City representative (including any police officer,
employee of the Hoboken Parking Utility, or employee of the Division
of Taxi and Limousine Licensing) who requests same.
The Division of Taxi and Limousine Licensing (as an agent of
the Department of Transportation and Parking) and the Hoboken Police
Department are hereby given the authority to enforce the provisions
of this chapter.
All hearings under this chapter shall be conducted by the Director
of the Department of Transportation and Parking or his or her designee.
Any appeal of the decision made by the Department of Transportation
and Parking shall be brought to the City Council for a final determination.
The Division of Taxi and Limousine Licensing shall promulgate
reasonable rules and regulations to implement this chapter and to
carry out its intendments.
Nothing in this chapter shall exempt any person owning or operating
any autocab, limousine or livery service from complying with the law
relating to the ownership, registration and operation of automobiles
in this state.
The Division of Taxi and Limousine Licensing may, in its discretion
and after notice and hearing, refuse to issue or renew, revoke or
suspend any license issued to a limousine service under this chapter
where the applicant or licensee has once been convicted of a crime
in this or any other jurisdiction or twice convicted of being a disorderly
person or in violation of Title 39, the Motor Vehicle and Traffic
Regulations, of the Revised Statutes of New Jersey, or who has violated
any provision of this article or has any judgment of record unsatisfied
against him arising out of an automobile accident, or who has failed
or fails to render a reasonably prompt, safe and adequate formal,
private automobile livery or limousine service or has not complied
fully with all of the requirements of this chapter for such class
of license.
Any person, firm or corporation violating any of the provisions
of this chapter shall be, upon conviction thereof, punished in the
discretion of the court as follows: imprisonment in the county jail
or in any place provided by the municipality for the detention of
prisoners, for any term not exceeding 90 days; or by a fine of not
less than $100 and not exceeding $2,000; or by a period of community
service not exceeding 90 days. In addition thereto, the license provided
by this chapter shall be suspended, pending action by the Mayor and
City Council with respect to suspension or revocation of said license
in accordance with the terms of this chapter. It shall be the duty
of the Judge to notify the Mayor and City Council of all convictions
for violations of the terms of this chapter.
The Director of Transportation and Parking and/or his or her
designee may enact such regulations as may be reasonably necessary
to administer and enforce the intent and purpose of this chapter.
