[HISTORY: Adopted by the Mayor and Council of the Borough of Closter
6-26-1996 by Ord. No. 1996:717. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any automobile or motor car service with a carrying capacity
of not more than 14 passengers, not including the driver, for carrying passengers
for hire which is held out, announced or advertised to operate or run or which
is operated or run over any of the streets or public highways of this state,
and which is hired by charter or for a particular contract, or by the day
or hour or other fixed period, or to transport passengers to a specified place
or places, or which charges a fare or price agreed upon in advance between
the operator and the passenger. Nothing in this chapter contained shall be
construed to include taxicabs, hotel buses or buses employed solely in transporting
school children or teachers or autobuses.
[Amended 10-9-2002 by Ord.
No. 2002:875]
A.
No limousine service, the owner of which has his principal
place of business in the Borough of Closter, shall be operated along any street
in the borough until the owner thereof shall have obtained the consent of
the Borough Council.
B.
No consent by the Borough Council to the owner of a limousine
or livery whose principal place of business is the Borough shall become effective
until the owner of such limousine or livery shall have filed
with the Municipal Clerk an insurance policy or certified copy of a policy
written by an insurance company duly licensed to transact business under the
insurance laws of the state, conditioned for the payment of the sum of not
less than $1,500,000 against loss to satisfy all claims for damages by reason
of bodily injury or death suffered by any persons and damage to property of
others as the result of an accident occurring by reason of the ownership,
operation, maintenance or use of such limousine or livery upon the public
streets of the Borough of Closter. Said insurance policy shall contain a clause
that, should it be canceled, materially amended or nonrenewed, or should any
of the vehicles herein be removed or substituted from the policy, the insurance
company shall mail beforehand for cancellation, material amendment and/or
nonrenewal and after for removal or substitution 30 days' notice to the Municipal
Clerk, certified mail, return receipt. Any consent to operate a limousine
which has been granted by the Borough Council shall become void and of no
effect in the event that the aforementioned insurance policies are canceled
or for any reason become ineffective.
[Amended 10-9-2002 by Ord. No. 2002:875]
The owner of each limousine service shall execute and deliver to the
Borough Clerk concurrently with the filing of the insurance policies herein
required a power of attorney, wherein and whereby the owner shall appoint
the Borough Treasurer his true and lawful attorney for the purpose of acknowledging
service of any process of a court of competent jurisdiction to be served against
the insured by virtue of the indemnity granted under the insurance policies
required hereunder.
No limousine service which has its principal place of business within
the Borough of Closter shall be operated along any street in the borough until
the owner or operator of said limousine service shall have obtained a limousine
certificate for each limousine so operated.
A.
Written application for such certificate shall be made
to the Borough Clerk on forms furnished by the Borough Clerk. Each application
shall be accompanied by the requisite fees as herein fixed for the certificate
applied for. Each application shall set forth under oath or affirmation:
(1)
The type, maker's name, seating capacity, weight, year
of manufacture, factory number, vehicle registration number and engine number
of each vehicle.
(2)
The principal location of each vehicle when not being
operated upon the streets as a limousine.
(3)
The home and business addresses of the owner of the vehicle.
(4)
A statement as to whether the applicant has ever been
convicted of a crime and, if the applicant has been convicted of a crime,
a complete statement concerning dates and disposition thereof. In case of
a corporate applicant, the statement shall be completed as to each officer,
director and owner of more than 10% of the stock of the corporation.
All certificates issued under the provisions of this chapter shall expire on December 31 of the year for which they are issued and shall be nontransferable. The fee for a certificate for each limousine or livery shall be as set forth in Chapter A301, Fees and Deposits.
Any certificate issued pursuant to the provisions of this chapter may
be revoked or suspended (without refund of fees) by the Borough Clerk for
any violation of this chapter. The person or corporation affected by such
revocation or suspension shall have the opportunity for a public hearing before
the Borough Administrator in a summary manner in order to contest the suspension
or revocation. Pending hearing and decision by the Borough Administrator,
the revocation or suspension shall remain in effect. In order to obtain a
hearing from a summary revocation or suspension of a certificate, the holder
of the certificate shall be required to request the hearing in writing within
10 business days of the effective date of the suspension or revocation imposed
by the Borough Clerk.
All ordinances and resolutions inconsistent with the provisions of this
chapter are hereby repealed as to such inconsistencies.
