[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley
Beach by Ord. No. 1994-14 (Sec. 5-12 of the 1974 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A person, firm, company, association or corporation applying for
a license to operate five or more rolling chairs on the boardwalk and in the
Borough.
Elevated walk or promenade along the ocean front.
The person or corporation in whose name the license is issued by
the Clerk of the Borough of Bradley Beach.
The driver or person at the controls of a rolling chair.
The person or corporation actually owning or leasing the rolling
chairs.
A wheeled vehicle for the transportation of two or three persons
for hire.
Any building, space or place from which rolling chairs are rented
for riding on the boardwalk.
The interval consumed between the time a passenger hires a rolling
chair and the time the passenger leaves the rolling chair.
The public streets in the Borough of Bradley Beach.
No person shall operate, conduct or maintain a rolling chair without
first obtaining a license for so doing from the Clerk of the Borough of Bradley
Beach. Such license shall be effective for the period of April 1 of each year
to October 31 of the following year.
[Amended by Ord. No. 1999-05]
The annual license fee for each rolling chair shall be $30.
A.Â
Upon the payment of the license fee for a rolling chair
as specified in this chapter and upon the full and complete compliance with
all the terms and provisions of this chapter by an applicant, the Clerk of
the Borough of Bradley Beach or other duly authorized agent for the Borough
of Bradley Beach shall issue to the applicant a license therefor, for the
rolling chairs proposed to be operated by such applicant, not exceeding 10
in number, copies of which license shall be securely fastened on the back
of the chair at the left-hand side on a line with the seat, so that the same
may be readily seen and inspected by the agents of Bradley Beach and the public.
B.Â
The maximum number of rolling chairs which may be licensed
at any one time for operations in the Borough of Bradley Beach shall be limited
to 20.
C.Â
Once an applicant has been issued a license and has become
a licensee, and for so long as said license has not been revoked for cause,
or the Borough has decided to repeal this chapter and prohibit the use of
rolling chairs, then said licensee shall be entitled to renew his license
annually upon the payment of the required fees and upon compliance with this
chapter. In the event that the applications for rolling chairs exceed 30 in
any year, priority will be given to existing licensees who have complied with
the terms of this chapter. In the event that there are five or fewer licenses
for distribution, said licenses shall all be distributed to the same applicant.
In the event that there are more applicants than licenses for the initial
year, the Borough will award the licensee by lottery.
The Clerk of the Borough of Bradley Beach or other duly authorized agents
of the Borough of Bradley Beach shall keep a record of each license issued
for rolling chairs and shall in said record designate the person to whom such
license is issued, and the number of rolling chairs for which the license
has been issued.
Any license issued to any one person or persons under this chapter shall
not be transferable to any other person or persons.
A.Â
Before the issuance of a license to an applicant, that
applicant by April 1 of each year shall file with the Clerk of the Borough
of Bradley Beach a statement which shall list the rates to be charged for
hire of the rolling chairs described in the license and operated from the
rolling chair station. It shall be unlawful for any licensee, owner, manager,
operator or pusher to charge more than the price fixed in said schedule, at
any time or under any circumstances. No change in any existing rate schedule
filed, as aforesaid, shall become effective until 10 days after said new rate
schedule shall have been filed in the office of the Clerk of the Borough of
Bradley Beach.
B.Â
The owner or licensee of each rolling chair shall place
on the inside of the front of each rolling chair, open to the view of the
passengers, a reproduction of the sign or rate card posted in the rolling
chair station, in miniature form, not smaller than 2Â 1/4 inches by 6Â 1/2.
It shall be unlawful for any owner, licensee or manager to permit any rolling
chair to leave a rolling chair station for hire unless the rate sign referred
to in this section shall be affixed thereto, and it shall likewise be unlawful
for any operator to operate or push any rolling chair not equipped with such
sign showing the correct rates.
C.Â
The owner of each rolling chair shall place on either
side and on the front thereof in line with the seat board of said chair a
sign not exceeding three inches in width and nine inches in length, containing
the name of the licensee of said chair, which chair shall also exhibit a copy
of the Borough of Bradley Beach license and the rolling chair station number,
if any.
A.Â
It shall be unlawful for any licensee, manager, or operator,
as heretofore defined, to be under the influence of intoxicating liquor at
any time while in the actual performance of his business or duty.
B.Â
All operators, while in the performance of their business
or duty, shall act in a kind, courteous and polite manner to customers or
patrons of the rolling chair, and to all other persons. It shall be unlawful
for any operator to shout, bounce the rolling chair, or operate the rolling
chair in any fashion which would endanger the occupants thereof, or any other
persons.
C.Â
It shall be lawful for any operator to stop his rolling
chair briefly for the convenience of a passenger. In such case, the chair
shall be moved off the lane, and, if requested by the passenger to wait for
a short interval, the operator may park the chair for a short interval.
D.Â
It shall be unlawful for any owner, licensee, manager,
or operator to solicit the hiring of rolling chairs by use of any mechanical
means.
E.Â
It shall be unlawful for any licensee, owner or manager
to operate or permit to be operated any mechanically operated rolling chairs.
F.Â
It shall be unlawful for any licensee, owner, manager,
or operator to permit or allow more than three adults to ride in or occupy
any rolling chair at any one time. Children under eight shall not be construed
as adults.
G.Â
Rolling chairs may be operated from 10:00 a.m. to 12:00
a.m. (midnight), seven days per week. During the period of operation, rolling
chairs may only be operated. It shall be unlawful for chairs to be operated
in the same direction abreast of or alongside each other, except when passing
each other, and not more than one rolling chair shall pass another rolling
chair at the same time and place. No rolling chair shall pass another rolling
chair except by passing towards the center. No rolling chair shall pass more
than three preceding chairs at one time.
H.Â
It shall be unlawful to operate any rolling chairs at
a speed in excess of four miles per hour.
I.Â
No rolling chair shall be equipped with any horn, bell,
or other warning or signaling device, nor shall the use of any horn, bell
or other warning or signaling device be permitted in its operation. No rolling
chair shall have affixed to it any sign, display or advertising other than
the name of the owner and operator of the rolling chair, and the schedule
of rates.
J.Â
It shall be unlawful for the operator of a rolling chair
to impede or interfere with vehicles or traffic on public streets, and the
operator shall obey all traffic laws when operating a rolling chair on a public
street.
K.Â
Operators of rolling chairs shall be required to dress
in a neat and appropriate fashion. All operators are required to wear shoes,
pants and shirts. Each licensee shall establish a standard uniform or dress
for its employees operating rolling chairs.
All rolling chairs shall be properly maintained and neatly painted at
all times. Rolling chairs shall not remain on the boardwalk during the hours
of 12:00 a.m. (midnight) to 10:00 a.m. In the event that the rolling chairs
are stored during the hours of nonoperation, the storage facility shall be
maintained in an orderly and neat fashion and shall comply with all applicable
zoning regulations.
A.Â
Before being granted a license, every applicant for a
license shall file with the Clerk of the Borough of Bradley Beach a certificate
of insurance issued and duly countersigned by a duly licensed and authorized
New Jersey insurance agent, evidencing the issuance and actual existence of
a policy of insurance of a safe, reputable casualty insurance company duly
licensed and authorized to transact business under the laws of the State of
New Jersey. By such policy of insurance, said insurance company shall agree,
for and on behalf of such licensee and his, her, their or its servants, agents,
employees, successors and assigns, to pay all sums, to the limits specified,
which the licensee shall become legally obliged to pay as damages because
of bodily injury, sickness or disease, including death at any time resulting
therefrom, sustained by any person or persons (other than any operator or
person employed or under contract by said licensee), or damage to property,
caused by accident and arising out of the ownership, maintenance, use or operation
of rolling chairs owned, leased to or rented by such licensee and arising
or resulting from and out of any and all operation incidental to or connected
with the conduct and operation of such rolling chair business by such licensee.
Said policy shall indemnify and save harmless the Borough of Bradley Beach,
its agents, servants and employees, from any liability to persons or property,
including the payment of all attorneys' fees and costs incurred to defend
any suit, demand, presentation or action arising out of the licensee's ownership,
maintenance, use or operation of rolling chairs within the Borough of Bradley
Beach, and said policy shall name the Borough as an additional insured.
B.Â
Such policy of insurance shall provide a minimum limit
of liability on the part of the insurance company in the amount of $500,000
for one person for all damages, including damages for care and loss of service,
arising out of bodily injury, sickness or disease, including death at any
time resulting therefrom, sustained by any person in any one accident and
$500,000 for each accident, which latter limit, subject to the above provisions
respecting each person, is the limit of the insurance company's liability
for all damages, including damages for care and loss of services, arising
out of bodily injury, sickness or disease, including death at any time resulting
therefrom, sustained by two or more persons in any one accident. Said policy
of insurance shall further provide a minimum limit of liability on the part
of the insurance company in the amount of $500,000 for all damages to property,
arising out of any one accident.
If any licensee shall fail to fully and promptly comply with the provisions
of this chapter and with all other laws, ordinances and regulations pertaining
to the business of such licensee, or in the event of the failure to maintain
insurance in full force and effect without lapse, as required under this chapter,
then and in either or any of such events, the rolling chair license issued
to such licensee shall immediately cease, terminate and become null and void
and of no effect, and the licensee shall forthwith and without delay of any
kind surrender such license to the Clerk of the Borough of Bradley Beach for
cancellation and shall forthwith and immediately cease, terminate, discontinue
and end all operations and business conducted by licensee under said license.
All fees and costs shall be forfeited.
Any person violating any of the provisions of this chapter shall, upon
conviction in the Municipal Court of Bradley Beach, be punished for each offense
by a fine not to exceed $500 and/or imprisonment in the county jail for a
term not to exceed 90 days. Each time a chair shall be operated in violation
of the foregoing chapter or any part thereof, it shall constitute a separate
and distinct offense.
The use of the word "person" shall, for the purpose of this chapter,
be deemed to include persons, firms, associations, copartnerships and corporations.
The Borough of Bradley Beach reserves the right to repeal or modify
this chapter at any time, and the Borough shall not be liable for the repeal
or modification of this chapter.
